Islamabad: Supreme Court (SC) has maintained property of any third person cannot be made part of dower without the willingness of the owner.

Justice Musarrat Hilali of SC has issued written decision on the dispute of inclusion of property of father in law in dower.

Responding to this legal question can property of the father in law be given to daughter in law in dower Justice Musarrat Hilali has maintained the property of any third person cannot be made part of the dower without willingness of owner.

The SC cancelled the degree of one kanal plot in favor of the plaintiff.

According to case record the plot was owned by the petitioner (father in law). The plot mentioned in dower was not held in the name of plaintiff. The subordinate courts did not read the evidence in correct way and ignored the important aspect of the property. The decisions of the subordinate courts were based on legal error. High court should have interfered.

The SC accepted appeal against Peshawar High Court (PHC) March 22. 2024 decision partly.

The SC declared null and void the decisions of high court, family court and appellate court to the extent of inclusion of one kanal plot in dower. The previous decisions regarding inclusion of other things plus Rs 5 lac and gold jewelry have been upheld.

As per case one kanal plot located on Ring road Peshawar was included in dower.

According to petitioner Sher Alam Khan, the plot is owned by him and he has not given his willingness to give it as dower.

The bay nama (sale deed) worked out after Nikkah could not be proved legally. The witnesses failed in proving their presence at the time of preparation of documents and signatures during cross examination.