Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE Inheritance — 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1158 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: Mst. SADIQAN BEGUM vs MUHAMMAD SIDDIQUE Inheritance
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SADIQAN BEGUM VS MUHAMMAD SIDDIQUE Inheritance---Oral gift---Relinquishment of inheritance share by vulnerable female heirs in favour of male heirs---Such relinquishment of inheritance share by female heirs is contrary to public policy and Shariah---Strict burden to prove voluntary relinquishment by female legatee---Advantageous familial positions cannot be used to extract implied consent from vulnerable females to relinquish their inheritance share---Inheritance rights of female heirs must be jealously guarded---In the present case the plaintiff's/petitioner's entitlement in her father's estate was a common ground; being a female in a muslim household, it was her due, conferred by Divine Law, recognized by the law of the land; it was so ordained in Sura Al-Nisa (4/10)---Given the preponderance of conferment, such a right, rooted into personal law, has to be jealously guarded, therefore, a heavy onus is cast upon the claimant to demonstrate that a female legatee had parted with her entitlement by choice and for considerations, consciously, without duress or uncalled for persuasions by those placed qua her in advantageous positions---Male heirs frequently resorted to fraud and other tactics to deprive female heirs from their share of inheritance---Such deprivation caused suffering to those deprived, and it also unnecessarily taxed the judicial system of the country, resulting in needless waste of resources---Each and every day that a male heir deprived a female heir was also an abomination because it contravened what has been ordained by Almighty Allah---Civil revision was allowed and suit filed by petitioner/plaintiff (female heir) was decreed.

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