Widow's Inheritance Rights – A Landmark Decision.
 |
| "Judicial Protection of Women's Inheritance Rights – A Landmark Decision" |
خواتین کے وراثتی حقوق اور عدالتی تحفظ – ایک اہم عدالتی نظیر
کیس کا پسِ منظر
لیکن یہ راضی نامہ بے بنیاد ثابت ہوا:
عدالتی کارروائی اور فیصلہ
بیوہ کا وراثتی حق بحال کیا جائے۔
فیصلے کی اہمیت
نتیجہ
Must read judgement
Citation Name : 2025 SCMR 88 SUPREME-COURT
Side Appellant : Mst. AKSAR JAN
Side Opponent : Mst. SHAMIM AKHTAR
inheritance ---Female legalheirs---inheritance denied through bogus gift mutations and Razi Nama---An attempt to deprive the widows of the deceased from their inheritance was made through two gift mutations purportedly made by their husband---Petitioners (alleged donees) made an attempt to show that the respondent (one of the widows) had given up her claim/right to inheritance by preparing an undated Razi Nama (agreement), which commenced by stating that it was being executed on behalf of the other widow through her special attorney, namely, "MF", but the same was not signed by him---A fingerprint or thumb impression purporting to be that of respondent (widow) was affixed on it---However, no consideration was given to respondent or received by her for executing the Razi Nama and giving up the claim to her inheritance ---For the sake of argument, if it be assumed that respondent had executed the Razi Nama it was wholly without consideration which would make it inconsequential---However, it was tendered to the Court and the Judge without ensuring that respondent had executed it with knowledge of its contents assumed that all of a sudden she had surrendered her rights for which she had filed a suit---On its part the High Court did not attend to the main issue, which was the denial of inheritance , and instead concerned itself with peripheral matters---It was now the twenty-fifth year since respondent, a widow, had been struggling to get her inheritance ---Bogus gift mutations were made and dated just before the death of her husband and then the bogus Razi Nama emerged---Unfortunately, and all too often, females continue to be deprived of their inheritance by employing various nefarious tactics, bogus documentation, fraudulent statements with the facilitation of Revenue department officials and some advocates---Courts too at times are not vigilant enough to protect inheritance rights, particularly of females and other vulnerable members of society---And, simple cases such as the present one are not expeditiously decided, and when they do get decided the decision is assailed---Practice of depriving females of their inheritance must be put a stop to, and those who do so must be made to pay substantial costs and not be permitted to benefit from procedural technicalities---Petition was converted into appeal and allowed, impugned judgment and the orders passed by the High Court were set aside, and judgment and decree passed by First Appellate Court was restored with the direction that petitioners (alleged donees) shall pay five hundred thousand rupees as costs to the respondent within three months, failing which the said amount shall be recovered from them as arrears of land revenue.