FCC defines women's inheritance rights

Comprehensive guidelines have been laid down by the Federal Constitutional Court (FCC) for both courts as well as revenue authorities regarding the protection of the inheritance rights of women.

The directives have been made as a result of a case where sisters accused their family members of depriving them of their rightful share from their parent's estate via a compromise deal which was achieved through means of fraud and misrepresentation and absence of informed consent.

While making its judgement, FCC made by Chief Justice Aminuddin Khan ordered that courts and revenue authorities will have to exercise caution regarding all kinds of compromises, gifts, settlements, mutation or other deals which might affect the inheritance rights of a female heir.

In fact, documents cannot be assumed to be legally valid merely on account of their registration or attestation by any party.

It has been declared by the court that it will be the responsibility of the beneficiary of the transaction to establish that all these transactions have been conducted voluntarily and with the full awareness of their rights as well as proper advise and without any kind of coercion or fraud. Consideration provided must be legal and adequate and really given.

Revenue authorities were similarly directed not to approve inheritance-related mutations unless these safeguards are clearly met.

The court observed that women in Pakistan are often deprived of their inheritance through social pressure and deceptive practices. It reaffirmed that inheritance rights under Islamic law are legally vested upon a person's death and cannot be denied without clear proof of free and informed consent.

The judgment also highlighted international human rights principles protecting women's property rights and called for strict judicial vigilance in such cases.