Tuesday, 18 September 2018

Inheritance of females


1.       Inheritance of females should be enforced as required by Islam. NLR 1990 SCJ 841; 2007 SCJ 227; 2008 SCMR 343.
Common practice to deprive females. 2006 YLR 1254; 2008 SCMR 343.
Daughter not to be deprived of inheritance. 2008 CLJ 445; 2008 SCMR 343.
Mutation in 1907, daughter deprived from inheritance, suit filed after 70 years, no limitation, suit in favour of daughter decreed. PLD 2006 SC 322; 2007 CLJ 898.
Name of daughter not mentioned, entitled inheritance. 2005 SCMR 1690.
2.       Tendency of depriving females from inheritance is dying but spirit of tendency is kept alive by perpetrating fraud with connivance of Revenue Officials. NLR 2000 Civ SC 120. Self-acquired property of decease, no custom daughter entitled to inheritance. 2007 SCMR 1850.
3.       Inheritance of daughter is Sunni and Shia law. PLD 2000 SC AJK 25.
4.       Right of inheritance is provided the Holy Quran. A wife cannot be deprived of share of inheritance on hearsay evidence. NLR 1998 CLJ 245.
5.       Islamic law guarantees all rights of woman. NLR 1990 SCJ 207.
6.       Relinquishment by females of her inheritance in favour of males would be opposed to public policy. NLR 1990 SCJ 207.
7.       Wife cannot be excluded from inheritance on the ground of non-appearance in witness box. NLR 2000 CLJ 87. Daughter entitled to inheritance. PLJ 2008 Pesh. 155.
8.       Sister gets ½ share from inheritance. 1999 YLR 2078.
9.       Step-daughter could not inherit from step-mother. PLD 1986 AJK 196.
10.   Deceased left two widows one daughter and one sister, sister takes residuary, paternal uncle excluded. 1991 MLD 1681.
11.   Alienation of sister’s property without her consent, void. 1996 SCMR 1213.
12.   Daughter’s inheritance in Shia law and Sunni law. PLD 2000SC (AJK) 25; 2007 SCJ 676.

13.   Female child of predeceased father inherits as whole. 1983 SCMR 823. Utrine brother or sister entitled to ½ and not whole. 

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