Majority of women oblivious to inheritance laws

Many believe that if they don’t file a claim within a certain period, they forfeit their rights

KARACHI/MULTAN:  

Syeda Nasreen still remembers the day her father died. Not only did she lose a parent, in her mind she also lost any claim to her inheritance.

“My father was a government servant. He had saved his money and his property in order to provide for his children. However, he died before my wedding could happen,” she recounts.

“After his death, my older brother refused to give me a share of the property which amounted to roughly Rs100 million. He even refused to give my dowry. Whenever I asked him about it he would threaten me,” she says.

Now a 65-year-old woman living in Multan, Nasreen no longer clings to any hope of receiving what is rightfully hers. “What is the point? I don’t even know if my case will stand in a court of law. I have given up hope,” she says with an air of resignation.

Nasreen is one of many women in Punjab who have given up on their inheritance. Countless women have had to let go of their legal right because they are under the impression that their cases will not be solved within their lifetime.

“This is a common misconception among women. Many believe that if they don’t file a claim for their inheritance within a certain time period, they forfeit any rights they may have,” revealed Pakistan Commission on the Status of Women (PCSW) Chairperson Fauzia Viqar.

Viqar agrees that once the case goes to court, it can take a very long time to resolve it. There is an acute need to speed up the judicial process by increasing the number of judges. However, this does not mean that a woman should forfeit her legal right, she maintains.

“There is no time limit. A woman can file an inherited property claim at any age,” she emphasises.

In September, the Ministry of Human Rights launched an awareness campaign to educate citizens on women’s rights to inheritance as outlined by Islamic jurisprudence and the Constitution. According to Article 23 of the 1973 Constitution, “Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

Through this drive, the ministry aimed to educate people about the religious and legal protection provided to women in the country.

Commenting on the effectiveness of such campaigns, Viqar says that drives like these help in creating awareness.

“When amendments were made to inheritance laws in 2012 and 2015, we conducted a study in 2016 to gauge the impact. Our findings revealed that the amendments made a difference,” she reveals.

Since the government launched this campaign, PCSW is receiving more calls about inheritance rights, she adds. “Most women ask two questions; what are my rights and how can I claim them.”

As a result, Viqar took up the initiative to set up a helpline for protecting and promoting women’s inheritance rights in the province.

PCSW Senior Legal Adviser Imran Javed Qureshi says the commission receives most of the calls from areas where there is a higher literacy rate among women; most of the calls are from Lahore, followed by Rawalpindi and then Faisalabad.

“We also receive calls from far-flung areas such as Rajanpur, Layyah and Bhakkar,” he adds.

PCSW data shows that 2,296 calls regarding property matters were received in 2015. In 2016, the number plummeted with the commission receiving only 1,948 calls. In 2017, the number rose to 2,293 calls. However, data collected up to November, 2018 shows that the commission received a total of 3,323 calls illustrating the fact that there is a steady increase in the number of women curious about their inheritance rights.

“Women can ring up the helpline and share their cases with legal advisors deputed round-the-clock from the comfort of their home,” he maintains.

After the person informs us of the intricacies of the case, we register it and send the information to the authorities concerned, he adds. “The helpline works as a bridge between the women and official authorities,” he says.

Despite the progress that has been made, some, like Multan resident 66-year-old Mukhtar Elahi, are reluctant to take a stand. At the time of her wedding, her father gave her approximately an acre of land in Mauza Pahore Wala in Shujabad tehsil.

“My share of the property was 12 kanals. However, I had to give my brothers money to receive eight kanals of the land my father gave to me,” she says.

“Three of my seven brothers have died. As a result, their property has been inherited by my nephews. When I ask them to give me my remaining share, they laugh in my face and tell me to take them court; they know that property cases take years to resolve,” she states.

“I have no choice but to forget about my inheritance,” she laments.