Pakistan’s Supreme Court has restored the inheritance rights of women in a landmark property dispute spanning 71 years. The ruling overturned earlier decisions that denied a mother and her daughters their lawful share of ancestral property.
A two-member bench led by Justice Shahid Bilal Hassan issued the 14-page judgment while hearing an appeal filed by Noor Muhammad. Moreover, the court declared previous rulings denying the women’s inheritance rights null and void.
Justice Hassan ruled that inheritance is a legal and Shariah-based right that transfers automatically after a person’s death. Therefore, male relatives cannot treat inheritance as a favour granted at their discretion.
Court Rejects Fraudulent Claims and Customary Practices
The Supreme Court ruled that fake oral gifts, fraudulent transfers, and family pressure cannot deprive women of inheritance. Likewise, customs and traditions cannot override rights guaranteed under the law.
According to the judgment, two brothers transferred the family property into their names after their father’s death in 1955. They relied on an alleged oral gift to deny their mother and sisters their lawful shares.
The court also held that anyone claiming an oral gift must prove its validity. However, it found that lower courts wrongly accepted the alleged gift without sufficient legal evidence.
Revenue Authorities Ordered to Correct Records
The judgment stated that courts must carefully examine transactions affecting women’s inheritance rights. Furthermore, the state, judiciary, and revenue authorities share responsibility for ensuring women receive their legal entitlements.
The Supreme Court also rejected arguments that the claim had become invalid because of the passage of time. Instead, it ruled that the burden of proof remained with those benefiting from the disputed property transfer.
After accepting the appeal, the court set aside all previous judgments. It also directed the relevant revenue authorities to correct inheritance records in accordance with the law.
