P L D 2021 Balochistan 172
Before Jamal Khan Mandokhail, C.J. and Muhammad Kamran Khan Mulakhail, J
MUHAMMAD SAJID TAREEN ---Petitioner
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary and 2 others ---
Respondents
C.P. No. 901 of 2021, decided on 19th July, 2021.
Constitution of Pakistan ---
----Art. 199 ---Constitutional petition ---Inheritance ---Protection of women's right of
inheritance ---Prohibition of depriving woman from inheriting property ---Scope ---Petitioner
filed constitutional petition with the assertion that the process of settlement was initiated in
the different parts of the province and during such process, the property was being settled
and mutated only in the name of male members, whereas, the names of females were not
being provided/s upplied to the revenue authorities nor the revenue authorities were making
efforts to get the names of the female shareholders ---Validity ---Perusal of the reply filed by
the Provincial Government revealed that no mechanism was drawn in the pre -settlement
process ---Though the publication was being made in the newspapers prior to carrying out the
mutation of inheritance, but the same was not enough, as firstly the newspapers were not
supplied and circulated in the far flung areas of the province and secondly the womenfolk
being illiterate either did not have excess to the newspaper or being illiterate were unable to
read and understand the same ---Mere publication in the newspapers was not enough to invite
the shareholders or to draw their attention, rather con crete steps were required to be taken by
the Revenue Authorities to ensure that no female shareholder was deprived from her right of
inheritance or her name was not excluded from the settlement process or mutations carried
thereon ---High Court observed tha t it would be good enough to take the NADRA authorities
(National Database and Registration Authority) on board prior to carrying out the process of
inheritance and the family tree of the deceased, whenever felt necessary, be obtained from
the NADRA author ities and after assuring and confirming the number and names of the legal
heirs of the deceased, the further process be carried out ---High Court while accepting the
petition issued certain directions to the official respondents.
Following directions were issued by the High Court while accepting the petition:
I. The rights of women are being protected by the Holy Quran, which cannot be denied,
thus, they are entitled to be given their/her right from the legacy of their/her deceased
predecessor.
II. No muta tion process of inheritance be carried out without transferring the property
firstly in the name of all shareholders including female(s) and any property being
transferred/mutated by concealling or excluding the name(s) of female(s) shareholder(s), the
entire process would be treated as null and void, and liable to be reversed without even
approaching the court of civil jurisdiction.
III. No female shareholder can be deprived from her right on basis of relinquishment/gift
deed, bridal gift, maintenance allo wance, payment of some cash for any erroneous
consideration, force, or for any other means, whatsoever high it may be, other than right of
inheritance in the legacy/property of her/their deceased predecessor. In case of any such
reason stated hereinabove o r leading to deprivation of female shareholder from her right of
inheritances, the entire process would stand null and void.
IV. No Process of settlement is to be carried out anywhere in the province, unless it is
assured that the name of female shareholde rs are provided and are included in the process,
and in case, there is no female in the family, the Revenue Authorities must specifically
mention the relevant details in this behalf.
V. The Secretary/Senior Member Board of Revenue shall ensure and direct h is sub -
ordinate revenue/settlement officials that before starting the settlement operation in any area
of the province, the leaflet/handbill duly written in Urdu and local language of the respective
area shall be distributed in the girls' schools/colleges, hospitals and door to door by deputing
a lady constable and if not available the lady teacher or midwife/nurse of the respective basic
health unit (BHU)/District Head Quarter Hospital (DHQH).
VI. The respective Deputy Commissioners shall also be directed to arrange the
announcement in Urdu and local language of the respective area on loudspeaker in the
Masjids/Madrasas, followed by beat of drum in the streets/vicinities, within the precincts of
the targeted area(s) of settlement operation.
VII.The DG NADRA is directed to establish an on call special desk facilities at the
revenue office of the relevant District/Tehsil for provision of family tree of the deceased,
whose property is either likely to be inherited or to be settled during the settlement operatio n
to ensure inclusion of name(s) of female legal heir(s) of any deceased either male or female.
VIII. The DG NADRA is also directed to ensure that wherever the female legal heir after
getting marriage is or has been included in the family tree of her husba nd, through
registration track system (RTS), the origin of her father's family shall also be ascertained to
avoid any deprivation of legal right.
IX. The Secretary, Member Board of Revenue is directed to convene a meeting with the
DG NADRA for evolving a c omprehensive mechanism for avoiding unnecessary delay for
provision of family tree of the deceased and till establishment of special facility at the
revenue offices, an interim procedure shall be devised to achieve the objects of this
judgment.
X. The Secr etary, Member Board of Revenue is further directed to constitute a complaint
cell at the Revenue Office(s) supervised by an officer not below the rank of Additional
Secretary, to avoid any unnecessary delay in the process of inheritance as well as in the
settlement operation and also to eradicate the possibility of illegal gratification.
XI. The Member Board of Revenue and his all sub -ordinate officials are strictly directed
that in case of any complaint with regard to deprivation of any female legal heir(s ) a legal
action shall be initiated against the wrong doers by registering a criminal case under the
provision of section 498 -A, P.P.C. While for this purpose no female shall be compelled
either to withdraw from her claim or to force her to initiate a crim inal proceeding on her
own, rather, it would be the duty of the concerned revenue official to lodge a criminal case.
XII.All civil suits relating to inheritance pending before the Civil Court are directed to be
decided within three months from receipt of t his judgment and such period in no case shall
exceed six months, from today, whereas, if any suit is newly instituted, the same be
registered as Inheritance Suit/appeal/revision/ petition and be decided within three months
without extension of further time . All the appeals and revisions pending before the Appellate
Court and Revisional Courts are directed to be decided within one month preferably, but not
later than two (02) months. The Member Inspection Team of this court shall circulate a
circular and ens ure that these directions are followed in letter and spirit within stipulated
time.
XIII. The Registrar of this Court is directed that if any complaint is received by any
aggrieved person against any revenue/settlement official or by any private individual with
regard to deprivation of female legal heir either in case of inheritance or settlement
operation, the same be immediately placed before us for our perusal in chamber and after
passing an appropriate direction same shall immediately be transmitted to Senior Member
Board of Revenue for information and compliance.
XIV. Any application/complaint filed with regard to issue decided in this judgment shall
be treated as an execution application, which after entering as a Civil Miscellaneous
Application shall be proceeded accordingly either under the Code of Civil Procedure, 1908,
(C.P.C.) or The Contempt of Court Ordinance, 2003, and as a criminal complaint under
section 200, Cr.P.C.
Verses 1, 2, 7, 11 and 12 of Surah An -Nisa (4); Farhan Aslam and others v. M st.
Nuzba Shaheen and others 2021 SCMR 179; Mst. Brikhna v. Faiz Ullah Khan and others
2020 SCMR 1618; Taleh Bibi and others v. Maqsooda Bibi and others 1997 SCMR 459;
Ghulam Ali and others v. Mst. Ghulam Sarwar Naqvi and others PLD 1990 SC 1 and R.F.A.
No.40 of 2011 rel.
Petitioner in person.
Shai Haq Baloch, A.A.G. along with Qamar Masood, SMBR, Javed Iqbal, Legal
Expert and Muhammad Akram, Secretary (Judicial and Inquiry), Board of Revenue
Department for Respondents.
Kashif Panezai for Interveners.
Date of hearing: 30th June, 2021.
JUDGMENT
MUHAMMAD KAMRAN KHAN MULAKHAIL, J .---Through this petition, the
following relief has been sought:
"It is, therefore, respectfully prayed that in view of above submission the writ may
kindly be issued in favour o f petitioner in the public interest, further the respondents
may kindly be directed (sic) at the time of transferring of any moveable and
immoveable property which is left by the any deceased the same (sic) transferred on
the names of successor with the co nsultation of NADRA after taking family tree of
deceased from NADRA, any other relief which this Hon'ble Court deems fit and
proper may also kindly be awarded in the favour of petitioner, in the interest of
justice, equity and fairplay."
2. Facts as narrat ed in the memo of the petition are that the petitioner is a practising
lawyer, political activist and social worker. The petitioner through this petition has sought
aforesaid relief mainly on a strength that generally in all over the country and specially in the
province of Balochistan, the law of inheritance as ordained by Almighty Allah in the Holy
Quran and in the Constitution of Pakistan, especially with regard to the right of inheritance
of women folk is not being regarded and followed according to the divine law and law of the
country; that in the backdrop of complex tribal system in the province the women folks are
being deprived from their legitimate rights of inheritance, when in case of distribution of
legacy of their (her) deceased predecessor, th ey/she are/is being deprived or concealed by
excluding their/her name(s) from the array of legal heir(s) for no good and justifiable reason;
that it was further asserted that in case of inheritance the women legal heir(s) are/is also
being deprived on pret ext of gift or relinquishment deed; that similarly the women are also
being deprived on a pretext that their/her legal share has already been given in the shape of
bridal gifts and maintenance allowance; that in the tribal system the male offspring are bei ng
considered as real successors and, therefore, in pedigree table/genealogical tree name(s) of
female(s) successor(s) is/are not being included, rather disclosing their/her names are/is
being portrayed as question of honor. Thus, the afore -stated reasons lead to a deprivation of
women legal heirs at the time of recording the mutation entries in lieu of inheritance.
Moreover, in case of any claim by woman legal heir, the male relatives become provoked
and being resorted to force leading to an untoward crimi nal wrong. Which in some cases is
being followed by their forced marriages, forcible disappearance or unfortunately forcibly
restraining them/her from marriage(s). In the backdrop of ongoing settlement operation in the
province of Balochistan the revenue/s ettlement officials being in league with the male
members of the respective families do not bother to inquire about the female legal heir(s) of
the predecessor of the respective family, which ultimately leads to a complete deprivation of
women folk from th e array of legal heir(s). It was, therefore, prayed that an appropriate
direction be issued to the Board of Revenue Balochistan for evolving a comprehensive
mechanism in respect of compilation of revenue record after completion of settlement and
attestatio n of mutation entries, particularly to ensure the inclusion of names of female legal
heir of any deceased predecessor (Father, Mother, both Paternal and Maternal Grandfather
and Grand Mother) in the record of rights in respect of all movable and immovable
properties. It was also asserted in the prayer clause that NADRA authorities shall also be
directed for cooperation with the settlement officials to ensure a timely provision of NADRA
record of any deceased predecessor of the respective family.
3. The peti tioner present in person argued that it is case of women's right in inheritance,
who have been denied in our society or forcibly restrained from claiming their right in the
inherited property; that even in the process of settlement carried out in the diffe rent areas, the
names of the females are not being provided to the revenue authorities, nor the revenue
authorities bother to inquire and insert the names of female shareholders, thus, the entire
process is being carried out by excluding the females legal heirs; that as per Sharia and
Ordains of Almighty Allah in Holy Quran, the rights of women are protected and the same
are strongly ordained to be given to the female shareholders, but despite being residing in the
Muslim Society and following the Ordains o f Almighty Allah, the females are treated in
manner as in pre -Islamic era; when they were neither given right, nor were treated humanely.
He finally urged for issuance of a writ, directing the official respondents (revenue
authorities), not to carry out an y mutation, settlement process or transfer the property,
wherein the names of female shareholder is not included or concealed, with further direction
that in the process of settlement in the areas throughout the province, the names of the female
shareholde rs be included in the revenue record.
4. On the other hand, the learned Additional Advocate General, assisted by Mr. Qamar
Masood, SMBR Board of Revenue, Department, Mr. Javed Iqbal, Legal Expert, Board of
Revenue Department and Muhammad Akram, Secretary ( Judicial and Inquiry), Board of
Revenue Department, conceded the fact that the females are being deprived of their right of
inheritance from the legacy of their deceased predecessors, and added that the Revenue
Department has taken all necessary steps for transparent process of settlement. He produced
a report containing the proposed procedure likely to be adopted by the revenue officials for
transfer of property rights, with certain suggestions and proposals.
5. Undisputedly, the rights of women in the inh erited properties are not only protected in
Islam, but the Constitution of Islamic Republic of Pakistan, 1973, also guarantees protection
of their right, whereas the question in most of the cases before the courts is not determination
of their right, rathe r always the transfer of their rights, which are being denied by the male
dominated society. The rights of legal heirs are being determined by the Allah Almighty in
the Holy Quran in Chapter -4, Surah Nisa; ordains as under:
(Respectively Verses 1, 2, 7, 1 1 and 12 of Surah An -Nisa (4), translation in Urdu by
Hazrat Moulana Mufti Muhammad Shafi and translation in English by Abullah Yusuf
Ali, (the Roman Translation of the Holy Quran):
1) O Mankind! Reverence your Guardian -Lord, who created you From a Single
person, Created, of like nature, His Mate, and from them twain Scattered (like seeds)
Countless men and women; Reverence Allah, through Whom Ye demand your mutual
(rights), and (reverence) the wombs (That bore you): for Allah Ever watches over
you. 2. To orphans restore their property (when they reach their age), nor substitute
(your) worthless things For (their) good ones; and devour not their substance (by
mixing it up) With your own. For this is Indeed a great sin.
7. From what is left by parents and t hose nearest related there is a share for men and a
share for women, whether the property be small or large, a determinate share.
11. Allah (thus) directs you as regards your children's (Inheritance): to the male, a
Portion equal to that of two females: if only daughters, two or more, their share is
two-thirds of the inheritance; if only one, her share is a half.
For parents, a sixth share of the inheritance to each, if the deceased left children; If no
children, and the parents are the (only) heirs, the mother has a third; if the deceased
left brothers (or sisters), the mother has a sixth, (the distribution in all cases is) after
the payment of legacies and debts. Ye know not whether your parents or your children
are nearest to you in benefit. These are Settled portions ordained by Allah and Allah
is All -Knowing, All -Wise.
12. In what your wives leave, your share is a half, if they leave no child; But if they
leave a child, ye get a fourth; after payment of legacies and debts. Of legacies and
debits. In what ye leave, their share is a fourth, if ye leave no child, but if ye leave a
child, they get an eighth; after payment of legacies and debts.
If the man or woman whose inheritance is in question has left neither ascendants nor
descendants, But has left a brother or a sister, each one of the two gets a sixth; but if
more than two, they share in a third, after payment of legacies and debts; so that no
loss is caused (to anyone). Thus is it ordained by Allah, And Allah is All -Knowing,
Most Forbearing."
6. The rights of each legal heir(s) are also given and determined in the law of
inheritance, so that no one could be deprived of his/her right nor any deduction or exchange
could be made in share of the shareholder in the legacy of the deceased. Despite Ordain s of
Allah Almighty, we being citizens of Islamic Republic of Pakistan are reluctant to follow
Islamic principles properly with reference to women's right of inheritance. It is painfully
noted that there are enough number of cases of civil nature filed by the families, who that
have been deprived of their right of inheritance and there are numerous judgments of the
Hon'ble Supreme Court of Pakistan, in this respect, but yet we face such issues, which is
highly unfortunate. The Hon'ble Supreme Court in case of "Farhan Aslam and others v. Mst.
Nuzba Shaheen and others (2021 SCMR 179) has held that:
4. It is most unfortunate that rather than supporting the widow and her daughter in the
hour of their greatest need their relatives, the petitioners, turned into p redators to
deprive them of their rightful inheritance, and have successfully managed to do so for
sixteen long years. A widow and a daughter were deprived because of the acquisitive
greed of the petitioners who were facilitated and enabled by the revenue authorities in
recording the making of a fictitious gift mutation. The petitioners did not abide by the
decisions, all of which were in favour of the respondents and challenged each one of
the three courts; those of the Subordinate Courts and then impugned the order of the
High Court.
5. Presumably, the petitioners will now wait for the said judgments/order to be
implemented through the Trial/Executing court and they may then resort to filing
unwarranted objections to the execution application. Violating t he law of inheritance,
which in the case of Muslims is the shariah, and exploiting the most vulnerable
members of society is wholly unacceptable. An heir inherits property to the extent of
his/her share the very moment his/her predecessor passes away. But, the petitioners
have audaciously managed to deprive the respondents of their inheritance from
Mansab Khan.
6.Almighty Allah commands:
'Let those (disposing of an estate) have the same fear in their minds as they would
have for their own if they had left a helpless family behind; Let them fear Allah, and
speak words of appropriate (comfort).'
'Those who unjustly eat up the property of orphans, eat up a fire into their own
bodies: They will soon be enduring a Blazing Fire.'
(Respectively verses 9 and 10 of surah An -Nisa (4), translated by Abdullah Yusuf Ali,
'The Holy Qur'an, Translation and Commentary'.)
7. In the present case a widow and an orphan ('yatama' in Arabic) were deprived of
their inheritance for over sixteen years which must have been excruc iatingly painful
for them. The petitioners did not abide by the aforesaid verses and forgot what had
been made incumbent:
'And come not nigh [near] to the orphan's property, except to improve it'.
(Verse 152 of surah (6) Al -Anam of the Holy Qur'an, trans lation by Abdullah Yusuf
Ali, 'The Holy Qur'an Translation and Commentary'.)
If the petitioners had remembered that they too will face Ultimate Justice they may
have acted better.
8. The Constitution of the Islamic Republic of Pakistan (the 'Constitution ' safeguards
property (including inherited property) under Article 24(1) of the Constitution and
protection of women and children is guaranteed by Article 25(3) of the Constitution.
The Constitution sets out the goals which the people of Pakistan have set out for
themselves in the 'Principles of Policy', which include the protection of 'mother and
the child' (Article 35) and require the promotion of social justice and eradication of
social evils' (Article 37). Depriving a mother and her child from their inh eritance does
not protect them but preys on them. Such conduct is a prevalent social evil and
inherently unjust. It is expected that the organ and authority of the State will act in
accordance with the Principles of Policy as provided by Article 29(1) of t he
Constitution. Therefore, claims by orphans and widows alleging that they have been
deprived of their inheritance must be expeditiously, decided by the concerned organ
and authority of the State, including the courts.
9. The revenue authorities must als o be extra vigilant when purported gifts are made
to deprive daughters and widows from what would have constituted their shares in the
inheritance of an estate. The concerned officers must fully satisfy themselves as to the
identity of the purported donor/ transferee and strict compliance must be ensured with
the applicable laws, as repeatedly held by this Court, including in the cases of Islam -
ud-Din v. Noor Jahan (2016 SCMR 986) and Khalida Azhar v. Viqar Rustan Bakhshi
(2018 SCMR 30). Purported gifts and other tools used to deprive female family
members, including daughters and widows, are contrary to law (shariah in such
cases), the Constitution and public policy. In Abid Baig v. Zahid Sabir (2020 SCMR
601) this Court reiterated what it had held thirty ye ars earlier in the case of Ghulam
Ali v. Mst. Ghulam Sarwar Naqvi (PLD 1990 Supreme Court 1), as under:
11. We cannot be unmindful of the fact that often times male members of a family
deprive their female relatives of their legal entitlement to inheritan ce and in doing so
shariah and law is violated. Vulnerable women are also sometimes compelled to
relinquish their entitlement to inheritance in favour of their male relations. This Court
in the case of Ghulam Ali had observed that 'relinquishment' by femal e members of
the family was contrary to public policy and contrary to shariah. It would be useful to
reproduce the following portion from the decision of this Court:
"Here in the light of the foregoing discussion on the Islamic point of view, the so -
calle d "relinquishment" by a female of her inheritance as has taken place in this case,
is undoubtedly opposed to "public policy" as understood in the Islamic sense with
reference to Islamic jurisprudence. In addition it may be mentioned that Islam
visualised m any modes of circulation of wealth of certain types under certain strict
conditions. And when commenting on one of the many methods of achieving this
object, almost all commentators on Islamic System agree with variance of degree
only, that the strict enfo rcement of laws of inheritance is an important accepted
method in Islam for achieving circulation of wealth. That being so, it is an additional
object of public policy. In other words, the disputed relinquishment of right of
inheritance, relied upon from t he petitioner's side, even if proved against respondent,
has to be found against public policy. Accordingly the respondent's action in agreeing
to the relinquishment (though denied by her) being against public policy the very act
of agreement and contract constituting the relinquishment, was void."
In case of "Mst. Brikhna v. Faiz Ullah Khan and others (2020 SCMR 1618), the
Hon'ble Supreme Court held as under:
"The sole purpose of a mutation is to keep the record of rights updated and to
maintain the fisc al records straight. When she being one of the legal heirs of deceased
Habib Khan then she becomes entitled to inherit the legacy of her father from the day
her father died and as such becomes co -sharer/co -owner in the property and this
entitlement of peti tioner is based on operation of Mohammadan Law and the Law of
Inheritance. We in the peculiar circumstances of the case can lay hands on the case of
Mst. Gohar Khanum v. Jamila Jan (2014 SCMR 801). The learned Judge of the
Peshawar High Court though has ba sed his findings on the basis of case of Mst. Grana
ibid but the parties to the suit have not developed their case in line with the findings
of the case of Mst. Grana ibid. So, we, in the circumstances, leave the question of
limitation and acquiescence in the matter of Muslim inheritance open for any other
appropriate case. Record of the case would further make it clear that amongst the
three sons, it is the respondent No.1 Faiz Ullah alone who is avoiding to give the
petitioner her due share. We have also noted that respondent No.1 has also failed to
establish the stance taken by him in his written statement that their father died by
leaving only the three sons i.e. defendants Nos. 1 to 3 and Mst. Brikhna was not the
real daughter of their father. In suppor t of his stance, he appeared alone as his own
witness. He during the course of his cross -examination admitted that PW -5 Miraj
Khan and PW -6 Fateh Khan were the elders of the locality. While going through their
statements i.e. PW -5 and PW -6, it appears that both of them being elderly persons,
have supported the stance of petitioner. We would also like to mention here that
people in this region normally avoid to give the daughters/sisters i.e. women folk,
their due shares in the inheritance of their predecess ors which is totally against Sharia
and the law of inheritance prevailing in the country. Preponderance of the evidence
would also make it clear that the petitioner being one of the legal heir of Habib Khan
is entitled to get her due Sharai share which in the circumstances comes to 1/7 share.
Learned counsel for respondent No.1 was heard at length but he was unable to satisfy
us regarding the stance of respondent No. 1 . Needless to mention that revenue
records be corrected accordingly."
In case of "Taleh Bibi and others v. Maqsooda Bibi and others" (1997 SCMR 459),
the Hon'ble Supreme Court held as under:
"It may pertinently be observed that the learned Additional District Judge found on
evidence that Mst. Maqsooda plaintiff is an illiterate and Pardah -observing lady who
"never entered into a contract to sell the suit property in favour of late Abdul Ghani
nor appeared before the Revenue Officer" and her rights were sought to be usurped
through the impugned mutation based on fraud. Law regarding the dispos ition of
property by Pardahnashin ladies which is equally applicable to illiterate and ignorant
women is fairly well -settled that it is for the person claiming the benefit of such
disposition to establish affirmatively by the strongest and most satisfactor y evidence
that the transaction was real, genuine and bona fide. See Janat Bibi v. Sikandar Ali
and others (PLD 1990 SC 642)".
Similarly, in case of "Ghulam Ali and others v. Mst. Ghulam Sarwar Naqvi and
others" (PLD 1990 Supreme Court 1), the Hon'ble Sup reme Court has elaborated the
question of inheritance, right of women in inherited properties.
7. There are several reasons for keeping the women/womenfolk away from their legal
and sharai right of inheritance in the legacy of the deceased and, in case suc h right is given
that is not considered as a right or grace of women, but as courtesy or to show the men's
dominance. Economic dependency on men, fear of social breakup and conflicts with family
and deficiency of proper Islamic knowledge are the reasons fo r women not to press for their
share. Such conduct of men dominated society and failure to abide by the Ordains of Allah
Almighty, has almost forced us back to pre -Islamic period, where Arab culture and
normative structure was male dominated and did not fa vour women in almost every field
including property rights. Women had no right to inherit property from father or husband.
The Arab had a principle that only those would inherit who could ride horse and could fight
in the battle field. By that time, this p rinciple clearly favored to men and disfavored to
women with reference to the right of inheritance. In pre Islamic traditions women had no
assured right of inheritance, which in many cases was a matter between men, the men of the
husband's clan or her own relatives. When a man lost his father, brother or son and that
person left a widow, the heirs used to take advantage of the privilege of the dowry paid by
the dead man. They used to deprive women of the right to the part of inheritance constituted
by dowry ."
In order to realize the status of women, Islam grants her different type of rights like
right to life, education, marriage, dower, maintenance, divorce etc. Among these rights one is
the right of inheritance. Islam entitles both men and women to inherit fr om the deceased
person. However, the shares of men and women are different in inheritance. These shares are
justifiable in Islamic society, keeping in view the status and role of men and women in
Islamic society. It is crystal clear from the above -referred verses of the Holy Quran that
Islam entitles women the right of inheritance in the legacy of deceased person. In other
verses of Surah Al - Nisa 11, 12, 176, the shares of wife, mother, sister and daughter in
different cases are mentioned clearly. There ar e a number of traditions/Hadiths of the Holy
Prophet Muhammad (PBUH) regarding inheritance, women inheritance, shares of women in
inheritance and traditions stressing muslims to give heirs (men and women) their share in
legacy. Islam is a complete code of life which not only provides rather ensures social space
to women in Islamic society.
Albeit Islamic injunctions are clear about women right of inheritance but these are
somehow ideal statuses of women inheritance, but, despite believing and following the
Ordains of Holy Quran and the Law of Inheritance, we instead follow traditions, customs and
give preference to the traditional values, wherein a concept has been developed to usurp the
right of an orphan, a women (sister/daughter) from the right of inheri tance. While, it has
been noted at several occasions that sister and daughter are denied the right of inheritance,
but the share of mother in her property is being sought from her brothers, which shows the
duplicity of men's mind. The right of inheritance for women is given by Allah, but men are
reluctant to follow and fulfill the directions of Allah. Most people of the province/country
are well aware of the provisions of women's rights of inheritance, but they are not ready to
give the women the full share of inheritance. People, who give the share of inheritance to
women, is comparatively low in ratio. Many times women get their rights through litigation,
but disinherited in the family partition, even on most of the occasion women are persuaded to
relinqui sh their due right of inheritance by various tactics, or compensated in cash or kind in
lieu of their actual share ordained by Allah. It is another stigma that parents exclude women
from inheritance by transferring property to sons during their life time, to avoid the tension
and future demand by daughters, and whenever, a female approach the court for seeking her
right of inheritance, she is not only considered to be bad and disobedient toward the family
members, but is dragged into long and unnecessary li tigations, which run for years to years.
Yet it is to note again that those who disrespect the law of inheritance are regarded as
snatchers of others property and rights, and are considered transgressors of Islamic Shariah.
Allah the Exalted in power has g iven a severe warning against the violation of the law of
inheritance. Yet, there is another situation with the women, being so loyal and loving
towards the brother(s), father and other male members of the family, waive of their shares in
the inherited pro perty, or they are persuaded to waive of their shares in the legacy, and
therefore, they are deprived of their right either willingly or unenviably. Though, every
female shareholder, has the right to waive of her right, dispose of her share, but prior to
making any decision, the share of the female shareholder is to be transferred in her name, she
be put on possession and thereafter, any decision could be made by her. Prior, to
transferring/mutating the property in the female shareholder and putting her in possession,
any decision of waiving made by the female shareholder, either willingly or outcome of any
promise or coercion, will have no legal effect.
8. In order to overcome the issue of depriving the women from right of inheritance, the
Criminal Law was amendment by inserting the section 498 -A in Pakistan Penal Code
(P.P.C.), which stipulates as under:
"Section 498 -A Prohibition of depriving woman from inheriting property: Whoever
by deceitful or illegal means deprives any woman from inheriting any movab le or
immovable property at the time of opening of succession shall be punished with
imprisonment for either description for a term which may extend to ten years but not
be less than five years or with a fine of one million rupees or both."
The wisdom beh ind the insertion of section 498 -A, P.P.C., was to ensure that no
woman would be deprived of her right of inheritance, and a punishment is prescribed for the
violators of the said section. The action of taking a criminal proceedings against the violators
is surely a good sign, but, yet it would be another test case for women folk to initially
approach the concerned police station against her own family members and register a
criminal case, and thereafter, to approach the court to pursue a case. It would not be easy for
a female in a men dominated society to approach the police station or to pursue a criminal
case against the male members of the family. Yet, the Government should take the
responsibility of distribution of deceased's property to heirs and to a ttribute punishment for
the transgressor of inheritance provisions. Whereas, the social awareness with print media
and electronic media, and especially taking the Ulma/Scholars of Islamic Jurisprudence on
board to aware not only the women but also the men in the society, about the right of legal
heirs of the deceased, injunctions of Islam and also the Ordains of Allah Almighty and
consequences thereon. The fact of unawareness of men about injunctions of Islam is also not
out of consideration, as the Islamic teaching principles and injunctions are not taught
regularly, thus, the government in order to give awareness, beside taking other necessary
step, shall undertake positive efforts by upgrading and including the injunctions of Islam
especially the rights o f women in inheritance in the Syllabus of Schools, Colleges and
Universities level.
9. During course of arguments, the learned Additional Advocate General assisted by the
Senior Member Board of Revenue and other legal expert officers and officials of the
Revenue Department, placed on record the reply with some proposed recommendations. The
reply was to the effect:
The perusal of the above reply reveals that though certain steps are shown to have
been taken and some actions are also proposed, but despite su ch steps statedly taken by the
revenue authorities, still the women are facing the same issues and are being deprived of
their legitimate rights of inheritance. The role and inefficiency of the revenue authorities and
staff cannot be ruled out and on most of the occasion they have played the role of abettor and
aided the violators/usurpers of women's right, which fact is evident from the pendency of
civil cases, the wrong and manipulated mutation entries challenged frequently before the
courts, wherein afte r carrying out the mutation entries in the names of the male members of
the family, the same are thereafter sold out and transferred on the names of buyers and on no
occasion it is assured that whether a female is deprived or otherwise or her right is secu red.
Therefore, the actions and proposals so made, despite being a positive step, are not enough to
overcome the issue in hand, rather, the Revenue authorities shall assure that no property is
transferred, mutated or sold out, where the share of females ar e involved and without the
consent of female shareholder(s).
10. The petitioner during course of arguments also pointed out that the process of
settlement is initiated in the different parts of the province and during such process, the
property is being se ttled and mutated only in the name of male members, whereas, once
again the names of the females are not being provided/supplied to the revenue authorities,
nor the revenue authorities make any efforts to get the names of the female shareholders. The
perus al of the reply filed by the learned Additional Advocate General reveals that no
mechanism is drawn in the pre -settlement process. Though the publication is being made in
the newspapers prior to carrying out the mutation of inheritance, but the same is not enough,
as firstly the newspapers are not supplied and circulated in the far flung areas of the province
and secondly the womenfolk being illiterate either do not have excess to the newspaper or
being illiterate are unable to read and understand the same. So, mere publication in the
newspapers would not be enough to invite the shareholders or to draw their attention, rather a
concrete steps are required to be taken by the Revenue Authorities to ensure that no female
shareholder is deprived from her right o f inheritance or her name is not excluded from the
settlement process or mutations carried thereon. It would be good enough to take the
NADRA authorities on board prior to carrying out the process of inheritance and the family
tree of the deceased, wheneve r felt necessary, be obtained from the NADRA authorities and
after assuring and confirming the number and names of the legal heirs of the deceased, the
further process be carried out. Since, there is a strong apprehension that after involving the
NADRA aut horities in the process, the same may consume time or the delay would be caused
in the process, beside the NADRA may demand some extra charges for the purpose, thus, to
avoid any misuse and uncalled for eventuality, the NADRA authorities should establish a
desk at the Revenue offices, wherever, the process is being carried out for the purpose of
providing the necessary details to the revenue authorities at the earliest and preferably on the
same day, that too without charging any additional fees. The Secret ary, Board of Revenue
and the DG NADRA, may also convene a meeting to evolve a mechanism in order to avoid
any unnecessary delay, solely to facilitate the female shareholders in the legacy of their/her
deceased predecessor.
11. It has also been noticed on several occasions, that the Revenue Authorities and the
officials while conducting the process gratuitously delay the process and linger on the matter
without any reason, or to grab some illegal gratification, which is highly unfortunate. It has
always bee n a matter of concern, that the revenue offices are meant for illegal gratification
and without fulfilling their demands, no heed is being paid towards the request of
applicant(s). But we, while deciding the issue in hand, would not allow any such act, nor
would spare any responsible person for creating any hindrance in the process of inheritance,
rather we, not only expect, but also direct the Secretary, Board of Revenue to constitute a
special complaint cell for eradication of such practice, and in case o f failure, any individual
having any complaint against the revenue authorities, may approach the Registrar of this
Court.
12. It is noteworthy to add here that beside above stated factors, there is another factor
creating interruption in provision of the s hares of the female is the inordinate delay in
deciding the cases, pertaining to inheritance property and shares of female shareholders. It
was also held by the Hon'ble Supreme Court in case of Farhan Aslam Supra, that
unnecessarily delay is caused while d eciding cases of inheritance, which remain pending for
indefinite period before the trial courts and thereafter, appellate court and revisional courts,
and after passing a decree, the execution proceedings also consume ample time. This court,
while decidin g the RFA No.40 of 2011 vide judgment dated 28th September 2020, passed the
following directions:
"Before parting with the judgment, it is painful for us to note that in our society still
the females are deprived of their right in the legacy, despite the fact that there are
strict ordain of Almighty Allah and Sharia, while they are further constrained to take
help of the law by filing the suits in the courts and then they have to wait for years
and years even upto the level of the apex court to get the fru it of their legal shares in
the inheritance due to our legal system as the courts are already over burdened and
such like cases of real controversy and hardship are also intermingled with the other
cases of general nature. Alike, in the present case the re spondents/plaintiff being real
sisters of the defendants/appellants had filed a suit initially in the year 2008 before
the learned Qazi Bori for receiving their share in the legacy of their deceased father,
but the relief could not be granted to them despi te elapse of almost thirteen years. The
delay in dispensation of justice has really damaged the repute of our legal system and
such like tendency has to be condemned. We are also mindful of the famous principle
that 'justice hurried is justice buried' but at the same time we also cannot ignore the
other principle that 'justice delayed is justice denied' and in such like case of real
hardship as observed supra the courts are required to take special care and give extra
time for speedy disposal of such like c ases so that the female legal heirs and in some
cases main legal heirs as well, may be able to obtain justice and derive fruit of their
share in their life. As such, we, firstly expect from the learned trial Courts that such
like cases involving inheritanc e matters will finally be decided expeditiously as early
as possible while proceeding with the trial. The Member Inspection Team of this
court is directed to ensure that a copy of this judgment be circulated to the
subordinate judiciary through all the Dis trict Judges in the province for information
and compliance.
But, it has been brought in our notice that despite clear direction of this court and
circulated by the Inspection Branch of this court, the courts below have failed to abide by the
directions o f this court, nor decided the cases at the earliest. Thus, it is once again directed
that all the cases, involving the issue of inheritance, be registered separately by the courts
below by assigning a name of Inheritance suit, Appeal and Revision; the suit s be tried
expeditiously and decided preferably within three months, but not latter then six months,
whereas the appeals and revisions be decided within one month but not later than two
months. In respect of all the petitions, revisions and appeals pending before this court, the
Incharge of Judicial Branches are directed to prepare a list and fix the same before the
bench(s) for hearing. On filing fresh appeals, revisions and constitutional petitions, the same
be assigned name and registered as Inheritance Appeal, Revision and Petition and it is
expected that the same may also be decided within shortest possible time.
Before parting with the Judgment, we may note here that every individual has almost
played its role in depriving the female shareholders from their right of inheritance, despite
considering to be part of the 21st Century and claiming to be more educated. Last but not the
least, it is the time to discontinue and discourage such practice and protect the right of every
individual.
In view of abov e discussion, the petition in hand is accepted with directions to the
official respondents in the following terms:
I. The rights of women are being protected by the Holy Quran, which cannot be denied,
thus, they are entitled to be given their/her right fro m the legacy of their/her deceased
predecessor.
II No mutation process of inheritance be carried out without transferring the property
firstly in the name of all shareholders including female(s) and any property being
transfered/mutated by concealing or e xcluding the name(s) of female(s)
shareholder(s), the entire process would be treated as null and void, and liable to be
reversed without even approaching the court of civil jurisdiction.
III. No female shareholder can be deprived from her right on basis o f relinquishment/gift
deed, bridal gift, maintenance allowance, payment of some cash for any erroneous
consideration, force, or for any other means, whatsoever high it may be, other than
right of inheritance in the legacy/property of her/their deceased pre decessor. In case
of any such reason stated hereinabove or leading to deprivation of female shareholder
from her right of inheritances, the entire process would stand null and void.
IV. No Process of settlement is to be carried out anywhere in the province, unless it is
assured that the name of female shareholders are provided and are included in the
process, and in case, there is no female in the family, the Revenue authorities must
specifically mention the relevant details in this behalf.
V. The S ecretary/Senior Member Board of Revenue shall ensure and direct his sub -
ordinate revenue/settlement officials that before starting the settlement operation in
any area of the province, the leaflet/handbill duly written in Urdu and local language
of the res pective area shall be distributed in the girls' schools/colleges, hospitals and
door to door by deputing a lady constable and if not available the lady teacher or
midwife/nurse of the respective basic health unit (BHU)/District Head Quarter
Hospital (DHQH) .
VI. The respective Deputy Commissioners shall also be directed to arrange the
announcement in Urdu and local language of the respective area on loudspeaker in the
Masjids/Madrasas, followed by beat of drum in the streets/vicinities, within the
precincts of the targeted area(s) of settlement operation.
VII.The DG NADRA is directed to establish an on call special desk facilities at the
revenue office of the relevant District/Tehsil for provision of family tree of the
deceased, whose property is either likel y to be inherited or to be settled during the
settlement operation to ensure inclusion of name(s) of female legal heir(s) of any
deceased either male or female.
VIII.The DG NADRA is also directed to ensure that wherever the female legal heir after
getting marriage is or has been included in the family tree of her husband, through
registration track system (RTS), the origin of her father's family shall also be
ascertained to avoid any deprivation of legal right.
IX. The Secretary, Member Board of Revenue is directed to convene a meeting with the
DG NADRA for evolving a comprehensive mechanism for avoiding unnecessary
delay for provision of family tree of the deceased and till establishment of special
facility at the revenue offices, an interim procedure shall be devised to achieve the
objects of this judgment.
X. The Secretary, Member Board of Revenue is further directed to constitute a complaint
cell at the Revenue Office(s) supervised by an officer not below the rank of
Additional Secretary, to avoid any unn ecessary delay in the process of inheritance as
well as in the settlement operation and also to eradicate the possibility of illegal
gratification.
XI. The Member Board of Revenue and his all sub -ordinate officials are strictly directed
that in case of any complaint with regard to deprivation of any female legal heir(s) a
legal action shall be initiated against the wrong doers by registering a criminal case
under the provision of section 498 -A, P.P.C. While for this purpose no female shall be
compelled eith er to withdraw from her claim or to force her to initiate a criminal
proceeding on her own, rather, it would be the duty of the concerned revenue official
to lodge a criminal case.
XII. All civil suits relating to inheritance pending before the Civil Court are directed to be
decided within three months from receipt of this judgment and such period in no case
shall exceed six months, from today, whereas, if any suit is newly instituted, the same
be registered as Inheritance Suit/appeal/revision/ petition and be decided within three
months without extension of further time. All the appeals and revisions pending
before the Appellate Court and Revisional Courts are directed to be decided within
one month preferably, but not later than two (02) months. The Member Inspection
Team of this court shall circulate a circular and ensure that these directions are
followed in letter and spirit within stipulated time.
XIII. The Registrar of this Court is directed that if any complaint is received by any
aggrieved person aga inst any revenue/ settlement official or by any private individual
with regard to deprivation of female legal heir either in case of inheritance or
settlement operation, the same be immediately placed before us for our perusal in
chamber and after passing an appropriate direction same shall immediately be
transmitted to Senior Member Board of Revenue for information and compliance.
XIV. Any application/complaint filed with regard to issue decided in this judgment shall
be treated as an execution application , which after entering as a Civil Miscellaneous
Application shall be proceeded accordingly either under the Code of Civil Procedure,
1908, (C.P.C.) or The Contempt of Court Ordinance, 2003, and as a criminal complaint
under section 200, Cr.P.C.
Office to transmit copies of this Judgment to the Registrar and the Member,
Inspection Team of this Court for onward transmission to all sub -ordinate Civil, Appellate
and Revisional Courts, to the Senior Member Board of Revenue, with direction for onward
transmissio n of the same to all Commissioners, Deputy Commissioners/Collectors,
Tehsildars, Revenue/Settlement Officers, to the Chairman NADRA and Regional Director
General NADRA, to the Chief Secretary, Government of Balochistan, Principle Secretary to
the Chief Min ister Balochistan, Secretaries Schools and Colleges of Government of
Balochistan, Vice Chancellors of Public Sector Universities, Director General Public
Relations (DGPR) Balochistan, and Director General Pakistan Electronic Media Regulatory
Authority (DG PEMRA) for information and compliance. The DGPR and DG PEMRA in
turn are directed to ensure the wide publication and broadcasting of this Judgment in leading
newspapers and media channels. The Secretaries of Schools and Colleges and Vice
Chancellors, shall also ensure the circulation and distribution of this judgment in all girls'
schools, colleges and universities for information and awareness of public in general and
female population in particular.
SA/129/Bal. Order accordingly.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.