Lahore: Justice Shahid Bilal Hassan of Supreme Court (SC) has ordered to give share from inherited property to sisters and mother. Justice Shahid Bilal Hassan of SC has nullified decision for depriving sisters and mother of their lawful share in ancestral property after 71 years.

Justice Shahid Bilal Hassan maintained inheritance is not an act of kindness by male family members but it is Shariah based and legal right. Fake hiba, fraud and family pressure is not acceptable for depriving women of their share in inheritance.

Both of the brothers got transferred inherited property in their name after death of father in 1955 and had deprived mother and sister of property making verbal Hibba base. A two members bench of SC presided over by Justice Shahid Bilal Hassan issued a 14-page judgment on an appeal filed by Noor Muhammad.

The court made it clear inheritance is not a privilege granted by male family members but it is legal and shariah based right of every heir which is shifted automatically after a person's death.

Fake hiba, fraud and family pressure or customs cannot be tolerated. It is incumbent on courts to review carefully every transaction and agreement designed for depriving the women of inheritance.

The decision said the inheritance of women are not symbolic or optional but they are compulsory rights. According to the judgment, following the death of the family patriarch in 1955, two brothers transferred the inherited property into their own names, relying on an alleged oral gift to exclude their mother and sisters from the estate.

The bench observed that courts must carefully scrutinise transactions and agreements that have the effect of depriving women of their inheritance to ensure that their legal rights are protected.

Observing that the findings of the trial court, appellate court and high court were inconsistent with both the facts and the law, the Supreme Court also rejected the argument that the claim was barred by delay, ruling that the burden of proof remained on those who benefited from the disputed transfer despite the passage of time.

The judgment further noted that official records showed the mother and sisters continued to receive a share of the land's income for several years after the alleged oral gift, suggesting they had not been aware of the claimed transfer.

Overturning the earlier judgment, the SC directed the relevant revenue authorities to amend the inheritance record as per law .