SC Rules That Women Can Only Claim Their Inheritance During Their Lifetime

September 24, 2021

The Supreme Court (SC) ruled that a woman’s inheritance could only be claimed during her lifetime, and that her children could not file a claim after she died.

The apex court made the decision in a case in which the children of two deceased Peshawar women sought a share of their maternal grandfather, Isa Khan’s, property.

In 1935, Isa Khan transferred his property to his son, Abdul Rehman, without giving either of his two daughters a share. In their lifetimes, neither of his daughters had objected to the move to assert their claim to their father’s property. Their children, on the other hand, had filed a claim to Khan’s property in 2004.Although a civil court had ruled in their favour at the time, the decision was later overturned by the high court. The Supreme Court upheld the high court’s decision at a hearing in Islamabad on Thursday, with Justice Umar Ata Bandial stating that the law protected women’s inheritance rights.

The Enforcement of Women’s Property Rights Bill 2019 was approved by the National Assembly Standing Committee on Law and Justice in June (section 7).The bill aims to assist women in obtaining their legal right to property ownership. According to the bill’s statement of object and reason, the Constitution accords women in society due respect and guarantees their right to property ownership.

“However, family members frequently violate women’s rights of ownership in inheritance through coercion, fraud, fabrication, forgery, and cheating,” according to the proposed bill. It is therefore necessary to provide an effective and timely redress mechanism to protect and secure the rights of individuals,” it continued.

Women could file a complaint with the ombudsperson if a court of law does not act quickly to resolve their complaints, according to the proposed bill. When the ombudsperson announces the decision, the deputy commissioner in charge will submit the compliance report within seven days after completing legal formalities.

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