TANVIR SARFRAZ KHAN vs FEDERATION OF PAKISTAN through Director Legal, Islamabad Inheritance — 2025 SCMR 98 SUPREME-COURT

Case information

Citation: 2025 SCMR 98 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: TANVIR SARFRAZ KHAN vs FEDERATION OF PAKISTAN through Director Legal, Islamabad 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

TANVIR SARFRAZ KHAN VS FEDERATION OF PAKISTAN through Director Legal, Islamabad Inheritance---Females deprived of their right to inheritance---Father of the parties died about eleven years ago and when the sisters of the petitioner sought their share in his inheritance on 11 October 2021 only then did the petitioner (brother) file a suit for partition, declaration, specific performance and permanent injunction two months thereafter---Pendency of the said suit had no effect on the estate of the deceased nor could exclude the legal heirs from their inheritance---Property of a deceased Muslim vested in his legal heirs immediately upon his death---Inheritance rights of the vulnerable members of society, which include females, must be protected---Unfortunately, a practice has developed whereby those defying shariah and the law, facilitated by some lawyers, adopt various nefarious means, including taking the plea of pending litigation in depriving legal heirs from what is rightfully theirs---Filing of present frivolous petition and the dishonest tactics employed by the petitioner justified the dismissal of present petition with costs in the sum of three hundred thousand rupees, which the petitioner was directed to pay equally to the respondents who had been deprived of their legal shares---Said respondents would also be justified to claim mesne profits for all the days that the petitioner did not abide by his 'Consent/Joint Statement' whereby he agreed to have the property evaluated and pay the legal heirs their respective shares as per shariah.

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