DAUGHTER INHERITANCE IN FATHER’S PROPERTY
Case Reference
PLD 2026 Supreme Court 42
Bench: Athar Minallah & Irfan Saadat Khan, JJ
Petitioner: Abrar Hussain
Respondents: Mst. Bibi Shahida & others
Civil Petition No.: 567-K of 2023
Date of Decision: 29 August 2025
Against: High Court of Sindh, Karachi, 2nd Appeal No.40 of 2021, dated 04.03.2023
Optimized Legal Analysis
1. Background of the Case: Family Inheritance Dispute
- The dispute arose from inheritance of immovable property owned by the deceased father of the parties, who passed away in 2002.
- Respondent No.1 (daughter) filed a suit in 2015 for declaration, partition, recovery of mesne profits, and injunction.
- Trial Court decreed the suit granting each heir their lawful share.
- Appellate court and High Court upheld the decision, dismissing appeals by the petitioner (male heir claiming gift from father).
2. Specific Relief Act, 1877: Burden of Proof
[Specific Relief Act, 1877 – Section 42]
- The petitioner claimed property was gifted to him by the deceased father.
- Supreme Court emphasized the onus on the petitioner to prove the gift with credible evidence.
- Findings:
- No attesting witnesses were produced.
- The Igrar Nama lacked essential details (addresses, CNIC numbers), rendering it dubious and unreliable.
- Certificate of possession remained unproven.
- Concurrent findings of lower courts were held valid; no question of law arose.
- Petition for leave to appeal dismissed.
References: pp. 46–48, A, B & F
3. Islamic Law: Inheritance as Divine Right
- Every legal heir, male or female, has a divinely ordained right to inherit property.
- Depriving women of inheritance is socially impermissible and against public policy.
- Estate vests automatically upon death; no authority intervention is needed.
- Supreme Court reinforced that inheritance rights of women cannot be curtailed.
References: pp. 47–48, C & E
4. Gifts and Validity under Islamic Law
- In cases where inheritance shares are disputed, a claimed gift must meet strict legal criteria:
- Valid offer by donor.
- Acceptance by donee.
- Delivery of possession.
- Precise date, time, and place of gift.
- Failure to prove these elements renders gift claims untenable.
- Doctrine of estoppel, waiver, or adverse possession does not apply among co-heirs.
Reference Cases:
- Mst. Khalida Azhar v. Viqar Rustom Bakhsi 2018 SCMR 30
- Islam-ud-Din v. Mst. Noor Jehan 2016 SCMR 986
- Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1
- Mirza Abib Baig v. Zahid Sabir 2020 SCMR 601
- Farhan Aslam v. Mst. Nuzba Shaheen 2021 SCMR 179
5. Protection of Women’s Inheritance Rights
- Women’s inheritance is not a concession but a divine mandate.
- Any denial is:
- Unlawful,
- Contravenes Islamic injunctions,
- Violates public policy.
- Cultural or societal practices cannot override women’s rights.
- The State has a constitutional and religious duty to ensure women can:
- Identify and claim their shares,
- Be free from coercion, deceit, or undue influence,
- Access remedies proactively.
6. Key Principles Affirmed
- Concurrent findings of lower courts in inheritance cases carry presumption of correctness unless challenged with strong evidence.
- Female heirs have an inviolable right to inheritance.
- Gifts must be proved with exactitude; mere claims are insufficient.
- Cultural practices cannot limit divinely mandated rights.
- Estate vests immediately on death; possession by one co-heir is beneficial to all co-heirs.
7. Judgment
- Petitioner (male heir): Civil petition dismissed; leave to appeal refused.
- Respondent (female heir): Rights upheld; inheritance share recognized.
- High Court Judgment: Upheld by Supreme Court; no interference required.
Principle Established:
Women have a divine, automatic right to inherit, which cannot be nullified by unproven gifts or societal practices. Concurrent findings of lower courts are binding unless trustworthy evidence suggests otherwise.
Summary of the Judgment
PLD 2026 SC 42 establishes that inheritance rights, particularly of female heirs, are divinely protected and cannot be curtailed by unverified gifts or male heirs’ claims. The Supreme Court reaffirmed that:
- Property vests immediately upon death; possession by one co-heir benefits all co-heirs.
- Burden of proof rests on anyone claiming a gift or exception.
- Denying women their inheritance violates Islamic law, public policy, and constitutional protections.
- Lower courts’ concurrent findings, based on credible evidence, are respected unless compelling evidence suggests otherwise.
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People Also Ask (PAA) – Inheritance & Succession Lawyers in Pakistan
What is inheritance law in Pakistan?
Inheritance law in Pakistan governs the legal distribution of a deceased person’s movable and immovable property among legal heirs. For Muslims, inheritance is distributed strictly under Islamic Shariah law, while non-Muslims (Christians, Hindus, etc.) follow their respective personal laws and statutory provisions.
Who are legal heirs under Islamic law in Pakistan?
Under Islamic inheritance law in Pakistan, legal heirs include:
- Wife or husband
- Sons and daughters
- Parents (father and mother)
- Brothers and sisters (in specific situations)
Each heir’s share depends on their relationship with the deceased and the presence of other heirs, as prescribed by the Quran and Sunnah.
Can property be distributed through a will in Pakistan?
A Muslim can only bequeath up to one-third (1/3rd) of their property through a will, and not in favor of an existing legal heir without the consent of other heirs. The remaining two-thirds must be distributed according to Islamic inheritance law.
What is a succession certificate in Pakistan?
A succession certificate is a legal document issued by a court or NADRA that authorizes legal heirs to collect and transfer movable assets of a deceased person, such as:
- Bank accounts
- Shares and securities
- Bonds and prize bonds
Who can apply for a succession certificate in Pakistan?
A succession certificate can be applied for by:
- Widow or widower
- Son or daughter
- Any legal heir with consent of other heirs
Applications can be filed jointly or by one heir with No Objection Certificates (NOCs) from others.
What is the reminder of difference between succession certificate and letters of administration?
- Succession Certificate → Movable assets (bank accounts, shares, etc.)
- Letters of Administration → Immovable property (land, house, plots)
Both are legal requirements for lawful transfer of inherited assets in Pakistan.
How long does it take to get a succession certificate in Pakistan?
- Court procedure: 3 to 5 months (depending on objections)
- NADRA digital succession: Around 15–30 days if the matter is undisputed
What is NADRA digital succession certificate?
NADRA’s digital succession system allows legal heirs to obtain succession certificates and letters of administration without lengthy court proceedings through:
- Biometric verification
- Public newspaper notice
- Online application
This applies only to uncontested inheritance cases.
Can NADRA resolve inheritance disputes between legal heirs?
No. NADRA cannot decide inheritance disputes. If there is:
- Objection by any heir
- Dispute over shares
- Allegation of fraud
NADRA issues a Decline Certificate, and the matter must be resolved through the civil courts.
What are the rights of a widow under inheritance law in Pakistan?
A widow has a fixed Quranic share:
- 1/8th if children exist
- 1/4th if no children exist
She may also apply for succession on behalf of minor children as their natural guardian.
Can daughters be deprived of inheritance in Pakistan?
No. Depriving daughters of inheritance is illegal and unconstitutional. Pakistani courts consistently protect women’s inheritance rights, and any illegal transfer can be challenged through:
- Declaration suit
- Cancellation of fraudulent mutation
- Constitutional petition
Which court handles inheritance and succession cases in Pakistan?
Inheritance matters are dealt with by:
- Civil Courts (primary jurisdiction)
- High Courts (appeals & constitutional issues)
- Supreme Court of Pakistan (final appeals)
Why should I hire an inheritance lawyer in Karachi Pakistan?
An experienced inheritance lawyer helps with:
- Calculation of Islamic shares
- Court petitions for succession
- NADRA digital succession applications
- Disputed inheritance litigation
- Property mutation and transfer
This ensures lawful, speedy, and dispute-free distribution.
Please go through our YouTube video Link:
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For the proper guidelines of our valued Client, we made this YouTube video, which explains how a deceased person’s property is distributed under Islamic and Pakistani law. Legal heirs, including children, spouses, and parents, receive fixed shares. If heirs disagree on distribution, a Partition Suit can be filed in Court. The Court appoints a commissioner to divide the property or order its sale if necessary. Key documents like the Death Certificate, NIC’s, Family Registration Certificate, and Property Ownership papers are required for the process.
Please go through our YouTube video Link:
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Key points covered include:
- Pakistani & Islamic Laws: A clear explanation of both legal and Islamic procedures for the secure transfer of property during the lifetime of the owner.
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In this video, We explained the Islamic principles and legal requirements for a valid WILL (Wasiat). The key points covered include:
- Islamic Guidelines on Wasiat: A person can make a will for up to 1/3 of their estate for non-heirs, but the remaining 2/3 automatically goes to legal heirs as per Islamic inheritance laws.
- Legal Validity: The will should be clear, written, and witnessed to avoid disputes after death.
- Restrictions & Conditions: A will cannot override the Quranic shares of legal heirs. Any deviation must have consent from all heirs.
- Process of Making a Will: Steps include identifying assets, specifying beneficiaries, appointing an executor, and getting witnesses.
- Court Recognition & Practical Tips: The importance of registering the will and ensuring it aligns with Pakistani law for smooth execution.
This video provides valuable guidance on making a legally and Islamically valid Wasiat, ensuring fairness and avoiding conflicts among heirs.
Please go through our YouTube video Link:
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We made informative video clips regarding GIFT / HIBA in Islam and Pakistan on YouTube.
In this video, We explained the concept of Gift (Hiba) in Islamic law and Pakistani legal system. Key points include:
- Definition of Hiba: A voluntary transfer of property from one person to another without expecting anything in return.
- Essential Conditions: (1) Declaration by the donor, (2) Acceptance by the donee, and (3) Possession/Transfer of the gifted property.
- Islamic Perspective: Hiba must be immediate and unconditional, and the donor must have full ownership of the property.
- Legal Aspects in Pakistan: Under Pakistani law, verbal gifts are valid but should ideally be documented to avoid disputes.
- Difference Between Hiba & Wasiat: Hiba takes effect during the donor’s lifetime, while Wasiat (Will) applies after death.
- Court Recognition: If challenged, a valid Hiba must be supported by witnesses and evidence of transfer of possession.
The video provides clear guidance on how to properly execute a gift in Islam and Pakistan, ensuring its validity and avoiding legal complications.
Please go through our YouTube video Link:
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In this video, We discussed the legal inheritance rights of grandchildren whose parent passed away before the grandparent. The key points covered include:
- Islamic Law & Pakistani Law: Explaining whether grandchildren are entitled to a share in the deceased grandparents’ property.
- Representation Principle: How inheritance laws allow the children of a predeceased son or daughter to inherit the share their parent would have received.
- Supreme Court & Legal Precedents: Highlighting important court decisions on this matter.
- Practical Advice: Guiding families on legal procedures to claim inheritance rights.
This video provides clarity on an important inheritance issue, ensuring justice for grandchildren in property distribution.
Please go through our YouTube video Link:
INHERITANCE OF PROPERTY /SHARE OF PREDECEASED CHILDREN.
The Supreme Court of Pakistan has issued a significant ruling regarding Daughters’ Inheritance rights. In this case, a daughter claimed her rightful share in her deceased father’s property after several decades. The Hon’ble Supreme Court of Pakistan not only upheld her claim but also imposed a fine on the sons for depriving her of her inheritance for such a long period of time. This judgment reinforces the legal obligation to distribute inheritance fairly and highlights the consequences of delaying a rightful heir’s share.
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