Federal Constitutional Court Upholds Inheritance Rights of Pre-Deceased Daughter’s Heirs


Islamabad: The Federal Constitutional Court of Pakistan, led by Honourable Chief Justice Amin-ud-Din Khan and Honourable Justice Ali Baqar Najafi, has issued a landmark order in CPLA No. 3378 of 2022. The case pertains to inheritance rights from land consolidation proceedings in Mouza Dhaunkal, Tehsil Wazirabad.



According to Press Information Department, the case involved Sardar Begum, a pre-deceased daughter who had been excluded from official inheritance records, resulting in her legal heirs being denied their rightful share for decades. The proceedings confirmed her status as the biological daughter of the deceased, as acknowledged by the other legal heirs.



The Court’s order affirmed that the legal heirs of a pre-deceased daughter have the right to inherit the share that would have belonged to their deceased mother, in line with applicable law. The order mandates that Sardar Begum’s heirs be included as parties in the proceedings.



The Court also instructed a thorough review of previously distributed property under consolidation schemes to ensure the omitted heirs receive their lawful share. To ensure compliance, the Court called for the appearance of the concerned Consolidation Officer, Patwari, and Tehsildar at the next hearing.



This ruling is seen as a crucial move in upholding inheritance rights and addressing historical injustices in succession matters. It underscores the constitutional commitment to justice and equity, particularly in safeguarding the rights of women and their descendants in inheritance issues.

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