05/01/2025
Inheritance ---Brothers depriving their sisters of their Inheritance ---Inheritance Mutation of deceased included his daughters---Counsel for the brothers submitted that then deceased had in his lifetime gifted some cash and gave dowry to his daughters, therefore, the daughters should have been excluded from the Inheritance Mutation and from inheriting the estate of the deceased---Validity---Such contention on behalf of the brothers was completely against the Shariah and the law of Pakistan---Present case was yet another classic case of brothers' depriving their sisters of their Inheritance , and did so for decades---Frivolous litigation initiated by them was undoubtedly encouraged by the fact that substantial costs were not imposed on them for putting forward an untenable claim---And, because the revenue authorities were not directed to ensure that the shares of all the legal heirs were recorded and no legal heir was deprived of his/her share---Brothers deprived their sisters' share in the Inheritance of their father and filed a baseless case and then dragged it out over decades, which had eventually come before the Supreme Court---Precious court time had been wasted---It was intolerable to deprive vulnerable persons and females of their legal rights---Present petition should never have been filed because it proposed to undo Shariah and law---Petitioners (brothers) had retained possession of the daughters' share in the subject land---Petition for leave to appeal was dismissed with costs in the sum of five hundred thousand rupees, to be paid by the petitioners, with the directions that they should deposit the same with the concerned revenue authority within three months and such authority shall distribute the same amongst those who had been deprived; that if the said amount was not deposited it shall be recovered as arrears of land revenue and distributed in like manner; that the revenue authorities shall ensure that the estate of deceased was distributed amongst all his legal heirs in accordance with their shares prescribed by Shariah.
