Inheritance rights: FCC rectifies decades-old injustice

ISLAMABAD: The Federal Constitutional Court has rectified a decades-old injustice by restoring the inheritance rights of the heirs of pre-deceased daughters, who had been unlawfully deprived of their share for nearly 68 years due to a critical omission in the revenue record. A two-judge bench, comprising Chief Justice Amin-ud-Din Khan and Justice Ali Baqar Najafi, rendered the decision in CPLA No. 3378 of 2022 read with CMA No. 10339 of 2025, wherein the Court allowed an application for impleadment filed by the legal heirs of Sardar Begum, declaring them necessary and proper parties to proceedings concerning the consolidation of land in Mouza Dhaunkal, Tehsil Wazirabad. Hafiz Ahsaan Ahmad Khokhar, appearing on behalf of the applicants, argued that deprivation of Sardar Begum and her legal heirs was not only unlawful but amounted to a continuing violation of settled principles of inheritance law. He pointed out that Sardar Begum had passed away in 1958, before the death of her father, Chaudhry Abdullah Khan, who died later in 1968. Upon his demise, the mutation of inheritance was attested in the same year; however, Sardar Begum, despite being his lawful daughter, was not entered in the mutation. Consequently, her sons and daughter were also deprived of a share to which they were legally entitled. This omission, he argued, was not merely clerical but resulted in the complete exclusion of an entire branch of lawful heirs. Hafiz Khokhar contended that under settled principles of Muslim personal law, inheritance rights vest immediately upon the opening of succession and cannot be defeated by administrative omissions or defective revenue entries. He emphasized that even where a daughter predeceases the opening of succession, her legal heirs are entitled to represent her branch and claim the share she would have received. The continued exclusion of Sardar Begum’s heirs, he argued, constituted a continuing legal wrong persisting across generations. He further submitted that the consolidation proceedings initiated in 1969 and completed in 1989 were fundamentally flawed, having been conducted based on an incomplete and incorrect pedigree table. Any consolidation scheme, he argued, that fails to account for all lawful heirs is void ab initio and cannot confer a valid title. He stressed that no consolidation could lawfully take place without recognizing and incorporating the share of Sardar Begum and her heirs. A significant development during the hearing was the statement on oath by Ms. Noreen Ahmad Tarrar, who unequivocally admitted before the Court that Sardar Begum was indeed the daughter of Chaudhry Abdullah Khan and Fatima Bibi. This admission conclusively resolved the longstanding dispute regarding her status as a legal heir. Taking note of this admission, the Court observed that there remained no dispute regarding Sardar Begum’s lineage. It held that her legal heirs were fully entitled to inherit from both her father and mother in accordance with the law. The Court further observed that although Sardar Begum had passed away before her father’s death, her status as a daughter was required to be reflected in the inheritance mutation to determine the rightful distribution. The Court noted that her omission in 1968 resulted in unlawful deprivation of her entire branch and that this illegality was perpetuated when the estate of Mst. Fatima Bibi was devolved in 1989 without recognizing her heirs’ entitlement. On the question of impleadment, the Court adopted a liberal and justice-oriented approach, holding that procedural technicalities cannot defeat substantive rights. It ruled that the legal heirs of Sardar Begum were necessary and proper parties, without whose inclusion no effective adjudication could take place. The Court emphasized that impleadment was essential to ensure complete justice and avoid multiplicity of litigation. Khokhar strongly argued that refusal to implead the applicants would perpetuate illegality and deny rightful heirs access to justice. He urged that courts must prioritize substantive justice, particularly in matters involving inheritance and family rights. Accepting these submissions, the Court allowed the impleadment application and directed that the legal heirs of Sardar Begum, including substituted heirs of her deceased son Javed Iqbal, be made parties to the proceedings. The Court further indicated that the earlier distribution of property among three sons and three daughters must now be revisited to include Sardar Begum, ensuring lawful distribution among three sons and four daughters. The case was adjourned until 13th May. Copyright Business Recorder, 2026

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