2025 PLP 98 (SCMR)
TANVIR SARFRAZ KHAN — Petitioner Versus FEDERATION OF PAKISTAN through Director Legal, Islamabad and others — Respondents
| Citation | 2025 PLP 98 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Faez Isa, C.J., Naeem Akhtar Afghan and Shahid Bilal Hassan, JJ |
| Parties | TANVIR SARFRAZ KHAN — Petitioner Versus FEDERATION OF PAKISTAN through Director Legal, Islamabad and others — Respondents |
| Primary Law | Islamic law |
Q1: What are the key laws and sections cited in 2025 PLP 98 (SCMR)?
This judgment primarily cites: Islamic law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 98 (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 98 (SCMR) (TANVIR SARFRAZ KHAN — Petitioner Versus FEDERATION OF PAKISTAN through Director Legal, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Muhammad Ali Khan, Advocate Supreme Court along with petitioner and Syed Rafaqat Hussain Shah, Advocate-on-Record for Petitioner.
Headnotes / Summary
(Against the order dated 26.06.2024 of the Islamabad High Court, Islamabad, passed in W.P. No. 138 of 2023).
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. In person (Respondents Nos. 3, 4, 6 to 9).
Judgment & Decree
Qazi Faez Isa, CJ. We had issued notices to the private respondents expecting that the petitioner may become reasonable and amicably resolve his dispute with his siblings, but unfortunately this has not happened.
2. The case pertains to the estate of Sarfraz Ahmad Khan who passed away in the year 2010, leaving behind five sons, five daughters and a widow, and his estate included a house constructed on 12 marlas and 218 square feet in the city of Rawalpindi ('the Property'). When the petitioner's sisters claimed their inheritance he agreed that the Property be evaluated and had agreed to pay the legal heirs of Sarfraz Ahmad Khan their respective shares as per shariah. The Property, as agreed, was evaluated but the petitioner resiled from his own commitment, and challenged his signed 'Consent/Joint Statement' before the High Court.
3. The impugned judgment refers to said 'Consent/Joint Statement' and noted that, 'When confronted, the learned counsel [for the petitioner] states that his client did not understand what he was signing. He, however, also conceded that his counsel was present on the occasion'.
4. We asked the petitioner what he does and he stated that he retired a year back from the position of Assistant in the Education Department. He also confirmed that he can read and write. Therefore, the ground taken by him to assail the 'Consent/Joint Statement' was unjustified.
5. The learned counsel then referred to the 'Suit for Partition, Declaration, Specific Performance and Permanent Injunction' filed by the petitioner on 15 December 2021. Sarfraz Ahmad Khan died about eleven years ago and when the sisters sought their share in his inheritance on 11 October 2021 only then did the petitioner file the said suit two months thereafter. The pendency of the said suit has no effect on the estate of Sarfraz Ahmad Khan nor can exclude the legal heirs from their inheritance. The property of a deceased Muslim vests in his legal heirs immediately upon his death. We have repeatedly held that the 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.
6. The filing of this frivolous petition and the dishonest tactics employed by the petitioner justifies the dismissal of this petition with costs in the sum of three hundred thousand rupees, which the petitioner is directed to pay equally to the respondents who have been deprived of their legal shares. The said respondents will also be justified to claim mesne profits for all the days that the petitioner does not abide by the said 'Consent/Joint Statement'. MWA/T-10/SC Petition dismissed.