MUHAMMAD SAJID TAREEN vs GOVERNMENT OF BALOCHISTAN art — 2021 PLD 172 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD SAJID TAREEN VS GOVERNMENT OF BALOCHISTAN art. 199---Constitutional petition---Inheritance---Protection of women's right of inheritance---Prohibition of depriving woman from inheriting property---Scope---Petitioner filed constitutional petition with the assertion that the process of settlement was initiated in the different parts of the province and during such process, the property was being settled and mutated only in the name of male members, whereas, the names of females were not being provided/supplied to the revenue authorities nor the revenue authorities were making efforts to get the names of the female shareholders---Validity---Perusal of the reply filed by the Provincial Government revealed that no mechanism was drawn in the pre-settlement process---Though the publication was being made in the newspapers prior to carrying out the mutation of inheritance, but the same was not enough, as firstly the newspapers were not supplied and circulated in the far flung areas of the province and secondly the womenfolk being illiterate either did not have excess to the newspaper or being illiterate were unable to read and understand the same---Mere publication in the newspapers was not enough to invite the shareholders or to draw their attention, rather concrete steps were required to be taken by the Revenue authorities to ensure that no female shareholder was deprived from her right of inheritance or her name was not excluded from the settlement process or mutations carried thereon---High Court observed that it would be good enough to take the NaDRa authorities (National Database and Registration authority) on board prior to carrying out the process of inheritance and the family tree of the deceased, whenever felt necessary, be obtained from the NaDRa authorities and after assuring and confirming the number and names of the legal heirs of the deceased, the further process be carried out---High Court while accepting the petition issued certain directions to the official respondents.

MUHAMMAD SAJID TAREEN vs GOVERNMENT OF BALOCHISTAN art — 2021 PLD 172 QUETTA-HIGH-COURT-BALOCHISTAN

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