A woman’s inheritance cannot be claimed after her death: SC
ISLAMABAD: The Supreme Court (SC) ruled on Thursday that a woman’s inheritance could only be claimed in her lifetime and her children could not lay a claim after her death.
The apex court issued the ruling in a case wherein the children of two deceased women, who were residents of Peshawar, claimed a share in their maternal grandfather, Isa Khan’s property.
Isa Khan had transferred his property to his son, Abdul Rehman in 1935 without giving a share to either of his two daughters. Neither of his daughters had challenged the move in their lifetime to claim their right on their father’s property.
Their children, however, had filed a case in 2004 to claim their share in Khan’s property.
At the hearing in Islamabad on Thursday, the SC upheld the high court’s decision with Justice Umar Ata Bandial observing that the law provided protection to women’s inheritance rights.
Women’s inheritance rights bill
In June, the National Assembly Standing Committee on Law and Justice approved The Enforcement of Women’s Property Rights Bill 2019 (section 7).
The bill is aimed at helping women get their due right of property ownership.
The statement of object and reason of the bill said the Constitution gives due respect to women in society and guarantees their right of ownership.
“However, the rights of ownership of women in inheritance are violated usually by their family members by means of coercion, fraud, fabrication, forgery and cheating, etc.,” read the proposed bill.
It added: “It is therefore necessary to provide an effective and speedy redressal mechanism to protect and secure the rights of ownership of women in property.”
The proposed bill said women could file a complaint with the ombudsperson if court of law does not proceed for speedy redressal of their complaints.
After completing legal formalities when the ombudsperson announces the decision, the deputy commissioner concerned will submit the compliance report within seven days.
This is an excellent and much needed judicial reform. Because of uncontrolled population growth, a person has many children including daughters. These daughters are married away and they have many children, and so on to the next generation. Thus claimants to the single person’s inheritance are already in large numbers. If children of daughters are also extended this facility, then there is no end to it. That is why almost every grandchild is demanding inheritance in grandfathers’ property despite their mothers not demanding in their lifetime.
This has put such a load on the courts that they have become choked and have difficulty in handling these cases which form the majority of court petitions.
The Supreme court ruling has put a lid on Pandora’s box. Thank you honourable justice Bandiyal for doing that.
This is a landmark judgement. 80 percent civil cases in our courts comprise of such like litigations, which are mostly unjustified invoking up to three generations and linger on for decades. Now the courts can attend to genuine cases in a more relaxed manner without being overburdened by frivolous cases.