2025 PLP 88 (SCMR)
Mst. AKSAR JAN and others — Petitioners Versus Mst. SHAMIM AKHTAR and others — Respondents
| Citation | 2025 PLP 88 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Faez Isa, C.J., Naeem Akhtar Afghan and Shahid Bilal Hassan, JJ |
| Parties | Mst. AKSAR JAN and others — Petitioners Versus Mst. SHAMIM AKHTAR and others — Respondents |
| Primary Law | Islamic law |
Q1: What are the key laws and sections cited in 2025 PLP 88 (SCMR)?
This judgment primarily cites: Islamic law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 88 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Faez Isa, C.J., Naeem Akhtar Afghan and Shahid Bilal Hassan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 88 (SCMR) (Mst. AKSAR JAN and others — Petitioners Versus Mst. SHAMIM AKHTAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Ahmad Bashir, Advocate Supreme Court along with Pervez Akhtar, Petitioner No. 4 for Petitioners.
- M. Atif Farzauq Raja, Advocate Supreme Court for Respondent No. 1 and L.Rs. of R.No.3.
- ----Inheritance---Female legalheirs---Inheritance denied through bogus gift mutations and Razi Nama---An attempt to deprive the widows of the deceased from their inheritance was made through two gift mutations purportedly made by their husband---Petitioners (alleged donees) made an attempt to show that the respondent (one of the widows) had given up her claim/right to inheritance by preparing an undated Razi Nama (agreement), which commenced by stating that it was being executed on behalf of the other widow through her special attorney, namely, "MF", but the same was not signed by him---A fingerprint or thumb impression purporting to be that of respondent (widow) was affixed on it---However, no consideration was given to respondent or received by her for executing the Razi Nama and giving up the claim to her inheritance---For the sake of argument, if it be assumed that respondent had executed the Razi Nama it was wholly without consideration which would make it inconsequential---However, it was tendered to the Court and the Judge without ensuring that respondent had executed it with knowledge of its contents assumed that all of a sudden she had surrendered her rights for which she had filed a suit---On its part the High Court did not attend to the main issue, which was the denial of inheritance, and instead concerned itself with peripheral matters---It was now the twenty-fifth year since respondent, a widow, had been struggling to get her inheritance---Bogus gift mutations were made and dated just before the death of her husband and then the bogus Razi Nama emerged---Unfortunately, and all too often, females continue to be deprived of their inheritance by employing various nefarious tactics, bogus documentation, fraudulent statements with the facilitation of Revenue department officials and some advocates---Courts too at times are not vigilant enough to protect inheritance rights, particularly of females and other vulnerable members of society---And, simple cases such as the present one are not expeditiously decided, and when they do get decided the decision is assailed---Practice of depriving females of their inheritance must be put a stop to, and those who do so must be made to pay substantial costs and not be permitted to benefit from procedural technicalities---Petition was converted into appeal and allowed, impugned judgment and the orders passed by the High Court were set aside, and judgment and decree passed by First Appellate Court was restored with the direction that petitioners (alleged donees) shall pay five hundred thousand rupees as costs to the respondent within three months, failing which the said amount shall be recovered from them as arrears of land revenue.
- 5. The inheritance shares in the estate left by a Muslim is stipulated in the Holy Qur'an and a deceased's legal heirs become owners on his/her death. Unfortunately, and all too often, females continue to be deprived of their inheritance by employing various nefarious tactics, bogus documentation, fraudulent statements with the facilitation of Revenue department officials and some advocates. The courts too at times are not vigilant enough to protect inheritance rights, particularly of females and other vulnerable members of society. And, simple cases such as this one are not expeditiously decided, and when they do get decided the decision is assailed. The practice of depriving females of their inheritance must be put a stop to, and those who do so must be made to pay substantial costs and not be permitted to benefit from procedural technicalities.
- 6. A simple matter has been dragged out for twenty-five years on account of fake documents prepared and fraudulent tactics employed by the petitioners and their advocates. They fear not shariah nor the law. The impugned judgment overlooked the merits of the case and on a technicality again remanded the case, which in the circumstances of the case was wholly unjustified.
Headnotes / Summary
(Against the judgment dated 03.10.2023 of the Lahore High Court, Rawalpindi Bench passed in Civil Revision No. 100 of 2010).
Female legalheirs
Inheritance denied through bogus gift mutations and Razi Nama
An attempt to deprive the widows of the deceased from their inheritance was made through two gift mutations purportedly made by their husband
Petitioners (alleged donees) made an attempt to show that the respondent (one of the widows) had given up her claim/right to inheritance by preparing an undated Razi Nama (agreement), which commenced by stating that it was being executed on behalf of the other widow through her special attorney, namely, "MF", but the same was not signed by him
A fingerprint or thumb impression purporting to be that of respondent (widow) was affixed on it
However, no consideration was given to respondent or received by her for executing the Razi Nama and giving up the claim to her inheritance
For the sake of argument, if it be assumed that respondent had executed the Razi Nama it was wholly without consideration which would make it inconsequential
However, it was tendered to the Court and the Judge without ensuring that respondent had executed it with knowledge of its contents assumed that all of a sudden she had surrendered her rights for which she had filed a suit
On its part the High Court did not attend to the main issue, which was the denial of inheritance, and instead concerned itself with peripheral matters
It was now the twenty-fifth year since respondent, a widow, had been struggling to get her inheritance
Bogus gift mutations were made and dated just before the death of her husband and then the bogus Razi Nama emerged
Unfortunately, and all too often, females continue to be deprived of their inheritance by employing various nefarious tactics, bogus documentation, fraudulent statements with the facilitation of Revenue department officials and some advocates
Courts too at times are not vigilant enough to protect inheritance rights, particularly of females and other vulnerable members of society
And, simple cases such as the present one are not expeditiously decided, and when they do get decided the decision is assailed
Practice of depriving females of their inheritance must be put a stop to, and those who do so must be made to pay substantial costs and not be permitted to benefit from procedural technicalities
Petition was converted into appeal and allowed, impugned judgment and the orders passed by the High Court were set aside, and judgment and decree passed by First Appellate Court was restored with the direction that petitioners (alleged donees) shall pay five hundred thousand rupees as costs to the respondent within three months, failing which the said amount shall be recovered from them as arrears of land revenue.
Judgment & Decree
Qazi Faez Isa, CJ. This petition for leave to appeal assails order dated 3 October 2023 of the High Court passed on a civil miscellaneous application submitted in Civil Revision No. 100 of 2010.
2. A simple matter of inheritance has been unduly complicated. The dispute between the parties was with regard to the inheritance of a Muslim man of the sunni sect, namely, Meherban, who died on 26 June 1998, leaving behind two widows, namely, Mst. Aksar Jan (petitioner No. 1) and Mst. Shamim Akhtar (respondent No. 1) (collectively referred to as 'the widows'). An attempt to deprive the widows from their inheritance was made through two gift mutations purportedly made by their husband Meherban. He is supposed to have gifted his entire land holding just a few days before his death to the petitioners Nos. 2 to 6 who are the nephews of Mst. Aksar Jan.
3. Mst. Shamim Akhtar filed a suit in 1999 seeking to obtain her inheritance, which the Appellate Court decreed on 16 January 2010. Civil Revision No. 100 of 2010 was filed challenging the decree. The petitioners made an attempt to show that Mst. Shamim Akhtar had given up her claim/right to inheritance by preparing an undated Razi Nama (agreement), which commenced by stating that it was being executed on behalf of Mst. Aksar Jan through her special attorney, namely, Muhammad Farooq son of Ch. Sultan Khan, but the same was not signed by him. A fingerprint or thumb impression purporting to be that of Mst. Shamim Akhtar was affixed on it. However, no consideration was given to Mst. Shamim Akhtar or received by her for executing the Razi Nama and giving up the claim to her inheritance. For the sake of argument, if it be assumed that Mst. Shamim Akhtar had executed the Razi Nama it was wholly without consideration which would make it inconsequential. However, it was tendered to the Court and the learned Judge without ensuring that Mst. Shamim Akhtar had executed it with knowledge of its contents assumed that all of a sudden she had surrendered her rights for which she had filed a suit.
4. On its part the High Court did not attend to the main issue, which was the denial of inheritance, and instead concerned itself with peripheral matters. It is now the twenty-fifth year since Mst. Shamim Akhtar, a widow, has been struggling to get her inheritance. Bogus gift mutations were made and dated just before the passing of her husband and then the bogus Razi Nama emerged. There is yet another serious aspect of the case, which is that Mst. Aksar Jan joined hands with her nephews, the petitioners Nos. 2 to 6, even though she stood deprived of her own share in the inheritance of her husband; this constituted a clear conflict of interest which regretfully the petitioners' counsel did not consider.
5. The inheritance shares in the estate left by a Muslim is stipulated in the Holy Qur'an and a deceased's legal heirs become owners on his/her death. Unfortunately, and all too often, females continue to be deprived of their inheritance by employing various nefarious tactics, bogus documentation, fraudulent statements with the facilitation of Revenue department officials and some advocates. The courts too at times are not vigilant enough to protect inheritance rights, particularly of females and other vulnerable members of society. And, simple cases such as this one are not expeditiously decided, and when they do get decided the decision is assailed. The practice of depriving females of their inheritance must be put a stop to, and those who do so must be made to pay substantial costs and not be permitted to benefit from procedural technicalities.
6. A simple matter has been dragged out for twenty-five years on account of fake documents prepared and fraudulent tactics employed by the petitioners and their advocates. They fear not shariah nor the law. The impugned judgment overlooked the merits of the case and on a technicality again remanded the case, which in the circumstances of the case was wholly unjustified.
7. Therefore, we set aside the impugned judgment and the orders passed by the High Court in Civil Revision No. 100 of 2010 and restore the judgment and decree dated 16 January 2010 passed by the Additional District Judge, Rawalpindi in Civil Appeal No. 87 of 2007. The petitioners Nos. 2 to 6 (Muhammad Mumraiz, Muhammad Farooq, Parvez Akhtar, Javaid Akhtar and Abid Zaheer) are directed to pay five hundred thousand rupees as costs to Mst. Shamim Akhtar (respondent No. 1) within three months from today, failing which the said amount shall be recovered from them as arrears of land revenue. Copy of this order be sent to the concerned revenue authorities who are directed to implement judgment of the Additional District Judge, Rawalpindi dated 16 January 2010 and this order, and they should ensure that the estate of Meherban is distributed amongst his legal heirs in accordance with Islamic shariah immediately, and to submit compliance report to the Senior Member Board of Revenue.
8. This petition is converted into an appeal and allowed in the aforesaid terms. MWA/A-40/SC Appeal allowed.