Top court strengthens safeguards for women’s inheritance rights

ISLAMABAD: The Federal Constitutional Court has issued a ruling that significantly strengthens legal protections for women’s inheritance rights, setting aside a Balochistan High Court decision that had upheld a compromise under which two sisters were effectively deprived of their share.

According to a 33-page judgement authored by Chief Justice Aminuddin Khan, the court laid down broader safeguards for courts and revenue authorities in dealing with any transaction that affects the lawful inheritance share of a female heir. The ruling addresses practices through which women are denied inheritance through coercive or deceptive means.

The judgement stated that courts must treat with extreme caution any arrangement that results in a woman losing her lawful inheritance share unless there is strict proof that her consent was free, informed and independent. It said such cases should face the highest level of judicial scrutiny.

“without strict proof of free, informed, and independent consent, is liable to be viewed with the gravest suspicion and subjected to the most exacting judicial scrutiny”, it stated.

The court also made clear that a woman’s right to inheritance is not a state concession but a God-given entitlement. It held that neither the state nor private individuals can challenge that right, except the woman concerned herself. The judgement further said that regional customs, family traditions and social practices cannot be used to deny women their lawful share in inheritance.

The ruling places a heavy burden of proof on those benefiting from any inheritance-related transaction that excludes a female heir. In practical terms, that means brothers or other beneficiaries would be required to establish through strong and credible evidence that the woman gave up her share knowingly, voluntarily and with full understanding.

The decision also targets the use of affidavits or stamp papers that are often relied upon to exclude women from inheritance, including in cases where such documents may be forged or signed under pressure. By requiring proof before a court that a woman willingly surrendered her share, the judgement creates a stricter legal standard for validating such arrangements.

The decision marks a major shift in how women’s inheritance claims are to be handled by the judicial system and revenue authorities, with the court framing inheritance as a protected right that cannot be overridden through social pressure, manipulation or fraudulent devices.