Supreme Court Protects Inheritors’ Property RightsPakistan

In cases of Hiba, or gift, the court ruled that the inheritor must be present in person and that his or her statement must be recorded. The court also made the presence of a female revenue officer obligatory to record the statements of females, so that women can give their statements without hindrance.

The court further said that societies and Boards would not transfer any property without an inheritance certificate. The ruling places a clear duty on housing societies and boards to verify inheritance before allowing a transfer.

Inheritance rights do not lapse with time

The court noted that an inheritor’s right to property does not come to an end with the passage of time, and that property is immediately transferred to the owner’s heirs after his or her death. The court said the right to inheritance also does not come to an end due to silence or delay on the part of an heir.

The verdict set a deadline of six years for filing a claim for property, with the period commencing from the time of the denial of the right to inheritance. The court also said that after the demise of an inheritor, his or her children are entitled to file a claim.

The court made it binding on the buyer of a property to properly investigate before purchasing it, placing responsibility on buyers to satisfy themselves about the title and the rights of the heirs before completing a purchase.

The court said that under the Constitution and the Shariat Act, the interpretation of laws would be made in the light of the Quran and Sunnah. The court also reminded that depriving women of their right to property is a punishable act under section 498-A.