Lahore High Court has partially allowed a civil revision petition, overturning an 80-year-old inheritance mutation after ruling that Islamic law does not permit a will in favour of a legal heir.
Case Background
The dispute involved land owned by the late Din Muhammad in Rahim Yar Khan. After his death without direct heirs, the property was to be inherited by descendants of his brothers.
Petitioners argued that in 1945, one party fraudulently transferred the land into his name using a fabricated will. They claimed they only became aware of the issue during recent land consolidation proceedings and subsequently challenged the transfer in court.
Court’s Key Observations
Justice Malik Waqar Haider Awan ruled that:
- Under Islamic principles, a will cannot be made in favour of a legal heir
- Islamic inheritance law takes precedence over man-made legal provisions
- The disputed mutation based on the will was fraudulent and against Islamic injunctions
The court referenced teachings from the Holy Quran and the Prophet Muhammad’s (PBUH) farewell sermon, emphasizing the principle that “there is no will for an heir.”
Limitation Law Rejected
The judge also dismissed arguments based on the statute of limitations, stating that:
- In inheritance matters, time limits cannot override the rights of legal heirs
- Possession by one co-heir is considered possession for all
- The claim was filed within a valid timeframe after consolidation proceedings
Final Verdict
The court:
- Set aside the 1945 mutation related to land in Mouza Chak Abbas
- Ordered redistribution of the property among rightful heirs under Islamic law
- Upheld lower court decisions regarding land in Mouza Kot Qutab due to lack of ownership proof
Constitutional Reference
The ruling reaffirmed that under Pakistan’s Constitution, Islam is the state religion and laws must align with the Quran and Sunnah in matters concerning Muslims.
