ISLAMABAD: The Supreme Court of Pakistan (SCP) on Thursday ruled that women can only claim inheritance during their lifetime and their children cannot lay a claim after their death.
The apex court’s ruling came during a case filed by the children of a woman, hailing from Peshawar, who sought their share in the inheritance of their maternal grandfather’s property. A three-member bench — presided over by Justice Umar Ata Bandial — heard the case.
Isa Khan had transferred his property to his son without giving a share to either of his daughters and the women had not attempted to claim their right on their father’s property during their lifetime.
The children, however, filed a case in 2004 to claim their share in their maternal grandfather’s property. Later, the Peshawar High Court (PHC) nullified a civil court’s judgement in favour of the grandchildren.
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. The bench rejected the appeal filed by the woman’s children.
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.”
