The Federal Constitutional Court of Pakistan, headed by Honourable Chief Justice Justice Amin-ud-Din Khan, alongside Honourable Justice Ali Baqar Najafi, has passed a significant order in CPLA No. 3378 of 2022 concerning inheritance rights arising from land consolidation proceedings in Mouza Dhaunkal, Tehsil Wazirabad.
The case addressed the longstanding omission of a pre-deceased daughter, Sardar Begum, from official inheritance records, which resulted in the denial of her lawful share and consequential deprivation to her legal heirs for several decades. During the course of proceedings, her status as the biological daughter of the deceased was duly conceded by the other legal heirs.
In its order, the Court unequivocally held that the legal heirs of a pre-deceased daughter are entitled to inherit the share that would have accrued to their deceased mother, strictly in accordance with the applicable law. Upholding this principle, the Court directed that the heirs of Sardar Begum be impleaded as parties in the proceedings.
Furthermore, the Court ordered a comprehensive re-examination of the property previously distributed under various consolidation schemes, with a view to ensuring redistribution in a manner that duly incorporates the lawful share of the omitted heirs.
To facilitate effective implementation of its directives, the Court has summoned the concerned Consolidation Officer, Patwari, and Tehsildar to appear on the next date of hearing and assist in ensuring compliance.
This order is widely regarded as a significant step toward safeguarding inheritance rights and addressing historical injustices in succession matters. It reinforces the constitutional commitment to equity and justice, particularly in protecting the rights of women and their descendants in matters of inheritance.
