The Supreme Court of Pakistan has ruled that a woman’s inheritance can only be claimed in her lifetime. The apex court ruled that heirs of a woman can not seek a claim to her inheritance after her death.
The petition was filed by the children of two women from Peshawar, who were sisters, in the Supreme Court against the Peshawar High Court’s decision. Their grandfather Isa Khan, had transferred his property to his son Abdul Rehman in 1935 and hadn’t not given a share to his two daughters.
Neither of the daughters claimed their inheritance in their lifetime and one of the sisters passed away in 1980 while the other in 1984. Their children filed a lawsuit in 2004 against their grandfather’s inheritance will and demanded their mothers’ share.
A local court in Peshawar had ruled in favor of the women’s children, but Abdul Rehman’s children had filed an appeal in the Peshawar High Court against the decision, which was upheld by the Peshawar High Court.
The children of the two sisters had filed an appeal in the Supreme Court against the decision of the Peshawar High Court. However, the supreme court maintained the High Court’s decision.
A three-member bench of the Supreme Court, headed by Justice Umar Ata Bandial, remarked during a hearing that women must inherit in their lifetime.
“If women do not take their right in life, their children cannot claim,” the head of the bench remarked.
Lack of inheritance rights for women is a major social problem in Pakistan. Thousands of such cases are pending in courts across the country where women have to approach the courts for their share in inheritance. In society, women’s claim to inheritance is considered a major flaw. Such a decision by the Supreme Court would encourage those who are not already in favor of giving a share of the property to their sisters.
The Supreme Court has not yet issued a written decision on the rejection of the appeal, but during the hearing, Justice Omar Ata Bandial remarked that the law protects the rights of women to inheritance, but at the same time it remains to be seen whether women will relinquish their rights or not.
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