In a landmark ruling, the Supreme Court has delivered a significant verdict concerning the deprivation of women of their rightful inheritance through the practice of gifting property, known as Hiba. The case revolved around Sehat Bibi, the appellant, and her brother Bihar Khan, who had inherited agricultural land from their late father, Daulat Khan.
The dispute arose when Bihar Khan, utilizing a will, took control of all their father’s assets without Sehat Bibi’s knowledge. Subsequently, he sold the property to Muhammad Zakaria. Sehat Bibi filed a civil suit against her brother and Muhammad Zakaria, contesting the sale and asserting her right to inheritance. While the trial and appellate courts dismissed her claims, the High Court ruled in her favor, ordering Bihar Khan to pay her one-third of the inheritance value as per Islamic law.
The crux of the matter before the court was whether Sehat Bibi was entitled to one-third of the property’s value or one-third of the proceeds from its sale. The petitioner argued for her rightful share in the property, emphasizing that the sale price allocation contradicted legal principles. Conversely, Bihar Khan’s counsel contended that the property had been rightfully bequeathed to him during their father’s lifetime.
In its verdict, the court underscored the fundamental principle that heirs inherit their rightful share of a parent’s estate upon their demise. It noted that Bihar Khan’s acquisition of the property through mutation was obtained fraudulently and with the intention to deprive Sehat Bibi of her rightful share. Moreover, the lack of witness testimony to validate the alleged gift to Bihar Khan rendered the mutation illegal.
Citing Islamic law, which mandates daughters receive one-third of their father’s estate, the court upheld Sehat Bibi’s claim and annulled the previous court rulings. It ordered the redistribution of Daulat Khan’s property among his legal heirs, including the land previously sold by Bihar Khan.
This significant judgment, authored by Justice Musrat Hilali, dated December 1, 2023, under Civil Appeal No. 26Q of 2017, sets a precedent for safeguarding women’s inheritance rights and upholding justice in property disputes.
