17/06/2026
خواتین کے حقوق وراثت کے تحفظ کے لیے وفاقی آئینی عدالت کی عدالتوں اور محکمہ مال کو دی گئی انتہائی سخت ہدایات
All courts, revenue authorities, and other forums entrusted with the adjudication, recognition, or enforcement of inheritance rights, particularly those concerning female legal heirs, shall exercise heightened vigilance and judicial scrutiny in such matters and are directed to ensure compliance with the following indispensable safeguards while examining any compromise, relinquishment, family arrangement, settlement, gift, mutation, consent statement, or other instrument having the effect of affecting, curtailing, compromising, or extinguishing the inheritance rights of women
i. All courts and revenue authorities shall, while adjudicating instruments affecting inheritance rights of female heirs, apply a rule of heightened judicial scrutiny, treating such matters as involving vulnerable class protection.
ii. No presumption of validity shall arise merely from ex*****on, attestation, registration, mutation, or appearance of consent, unless the same is supported by strict proof of voluntariness and informed understanding.
iii. The burden shall remain heavily upon the beneficiary of the transaction to affirmatively establish, through credible and unimpeachable evidence, that the instrument represents a free, informed, and conscious act of the executant.
iv. Courts shall ensure that it is proved on record that the executant had clear knowledge of the nature of the transaction and the exact inheritance rights being affected or relinquished. v. It must be established that the executant had access to independent, competent, and disinterested advice, sufficient to enable informed decision-making free from influence or dependence.
vi. Any transaction shall be scrutinized to exclude the presence of coercion, fraud, misrepresentation, undue influence, or familial or social domination.
vii. Where consideration is alleged, courts shall require strict proof that it was lawful, real, adequate, and actually received in a verifiable manner.
viii. The contents of all documents must be shown to have been read over, explained, and translated in a language fully understood by the executant.
ix. Courts shall verify that the executant was afforded a reasonable opportunity for reflection and consultation, without haste or pressure.
C.P.L.A.143-Q of 2025
Mst. Bibi Amina and others Versus Shamsullah and others
04.06.2026
*Rao Ghulam Mohiudin Razzaqi*
Advocate High Court
03006950373
