Woman gets rightful share in inheritance after 46 years

SC rejects brothers' claims that sister relinquished their share, 'gifted it away' to them

ISLAMABAD:

A woman scored a major legal victory on Tuesday after the Supreme Court recognised her rightful share in inheritance after 46 years of battle, ruling in the favour of the woman deprived of a share in her father’s property by her brothers.

Zaitoon Bibi, a resident of Dera Ismail Khan, now may inherit the share which, her brothers had contended, had been “relinquished” by the sisters and “gifted away" to them decades ago.

That decision followed a years-long legal battle she launched after her father’s death. Two previous judgements, including one from Peshawar High Court, had already ruled in her favour.

A bench headed by Justice Ijazul Ahsan heard a petition against the high court’s ruling in Zaitoon Bibi’s favour.

During the hearing, the lawyer of the petitioner took the stance that the sisters had “gifted” their share to the brothers 46 years ago.

However, Justice Ijazul Ahsan observed that the sisters were underage when they had gifted away their share in the property, as argued by her brothers, and asked how can a younger sister gift the property to the brothers.

He inquired that the sisters were young at the time when the gift was given, and how can a younger sister gift the property to the brothers.

“Have the brothers ever gifted their share in the property to the sister? Why must it always be the sister who is made to ‘gift’ her share?” Justice Ahsan asked and remarked that the contention was bereft of any legal status as there was no record.

Justice Muneeb Akhtar also echoed Justice Ahsan and questioned the legal status of a minor girl gifting away her property to the brothers.

During the hearing, the buyers of the respective land property supported the stance taken by the brothers and told the court that they were assured during the transaction that the share of the sisters was not included in it.

At this, Justice Ijaz-ul-Ahsan observed that the case record did not establish that the purchaser had obtained concrete proof as the brothers were in possession of the property of the sisters since 1976 after the death of the father.

The SC observed that the deal was not transparent and accepted Zaitoon Bibi’s inheritance right from her father’s property.

It may be noted that Zaitoon Bibi had moved a civil court in 2005 against his brothers for occupying her inheritance right in her father’s property.

In 2012 the session court and in 2017, the Peshawar High Court ruled in favour of Zaiton Bibi.