SC rules women’s inheritance can’t be claimed after their death

The top court's ruling came during a case filed by a woman's children who wanted their share in the inheritance of their maternal grandfather's property.

inheritance

On Thursday, the Supreme Court of Pakistan ruled that women can only claim inheritance during their lifetime, and their children cannot lay a claim after their death.

The top court’s ruling came during a case filed by a woman’s children, hailing from Peshawar, who wanted their share in the inheritance of their maternal grandfather’s property. A three-member bench led by Justice Umar Ata Bandial heard the case.

A man named Isa Khan had transferred his property to his son without giving a share to his daughters. When they were alive, Khan’s daughters had not tried to claim their right on their father’s property.

The children, however, registered a case in 2004 to claim their share in their maternal grandfather’s wealth. Following this, the Peshawar High Court annulled a civil court’s judgment in favor of the grandchildren.

At the hearing in Islamabad on Thursday, the SC supported the high court’s decision, with the judge observing that the law protected women’s inheritance rights. The bench rejected the petition filed by the woman’s children.

In June this year, the National Assembly Standing Committee on Law and Justice approved The Enforcement of Women’s Property Rights Bill 2019. The bill is intended to help women get their due right of property ownership.

The bill’s statement of object and reason said the Constitution gives due respect to women in society and guarantees their right of ownership.

“However, the women’s rights in inheritance are violated usually by their family members through oppression, fraud, fabrication, and forgery,” read the proposed bill.

The bill further stated, “It is, therefore, important to provide an efficient and rapid redressal mechanism to protect the rights of ownership of women in the property.”

What are your views on this? Share in the comments bar below.

  • This seems so wrong on so many levels. If men can claim property rights of inheritance so can women, if it be a simple case of inheritance. The only clarity required is if the property was given in the lifetime of the grandfather.

  • Wrong Heading which must be corrected.

    In fact the SC has given a decision in a specific case where the property was given to son while the person was alive and none of the daughters objected.

    Hence when the person died, he had already given his property to his son, so there was nothing left to be inherited.

    Now saying that women can only have their inheritance in the life of their parent is completely wrong.


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