The ruling upholds a Sindh High Court judgement and sends a strong message against those who attempt to block or delay women’s inheritance rights.
The seven-page verdict, authored by Justice Athar Minallah before his resignation, was released by a bench comprising Justice Minallah and Justice Irfan Saadat. The Supreme Court dismissed petitioner Abid Hussain’s appeal and confirmed that the Sindh High Court had correctly rejected his claims regarding ownership of the disputed property.
In its decision, the court imposed a Rs500,000 fine on Abid Hussain for obstructing and delaying the rightful inheritance owed to female heirs. The ruling directs the petitioner to deposit the fine with the Supreme Court registrar within seven days. The amount will then be distributed among the heirs who were denied their legal share.
The court noted that the petitioner’s claim of receiving the property as a gift could not be proven and held no legal standing. According to the judgement, the transfer of ownership after a person’s death is immediate and automatic, leaving no room for anyone to interfere or deny heirs their entitlement.
In a powerful reaffirmation of religious and constitutional protections, the court wrote that the right to inheritance is a divine command, and any attempt to deprive women of their share directly contradicts Islamic principles. The verdict adds that Article 23 of the Constitution guarantees every citizen’s right to property, while Islamic law provides clear and mandatory guidelines regarding inheritance distribution.
The Supreme Court stressed the state’s obligation to ensure that women do not face fear, pressure, or prolonged legal battles when claiming their inheritance. It stated that unnecessary delays undermine both justice and the fundamental security guaranteed to women under the Constitution.
The ruling calls for strict legal consequences for individuals who create hurdles for rightful heirs, urging accountability to prevent recurring injustices in inheritance disputes. Legal experts believe the judgement will serve as a strong precedent, helping expedite similar cases and reinforcing the protection of women’s property rights across Pakistan,