Dowry is not her share. The Supreme Court said so.

Father dies. Brothers keep the land.

“She already got her dowry.”

• 1988The father dies.
• 1997The inheritance mutation names his daughters too.
• ThenThe brothers sue to cut them out: he gave them dowry and cash in his life.

Every court said no.

Suit, appeal and revision, all dismissed.

• 2010Suit dismissed.
• 2011Appeal dismissed.
• 2012Civil revision dismissed.

Then the Supreme Court.

Civil Petition 284-P of 2012, 30 Sep 2024.

• “This novel proposition is completely against the Shariah and the law of Pakistan.”
• “Yet another classic case of brothers’ depriving their sisters of their inheritance, and did so for decades.”

Quoted from the Supreme Court’s order.

Rs. 500,000 in costs.

And the money goes to those deprived.

• Who paysThe brothers, within three months, to the revenue authority.
• Who gets itShared among those who were deprived.
• AndRevenue officials must see the estate is shared as Shariah prescribes.

“Dowry and gifts settle her share.”

Not in law, not in Shariah.

• Myth: He gave her dowry and gifts in his life, so she gets nothing from his estate.
• Fact: She still inherits. The Supreme Court rejected exactly this claim on 30 Sep 2024.

“He gifted it to the sons.”

Then the sons must prove the gift.

• The claimAn oral gift of land to the sons, from a father of about 80.
• The proofNo date, time or place; one witness; no revenue official called.
• The resultGift not proved. Supreme Court, Civil Petition 157-L, 15 May 2020.

Keeping her out is a crime.

Section 498-A, Pakistan Penal Code.

“Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.”

Pakistan Penal Code · Section 498-A, Prohibition of depriving woman from inheriting property

In Punjab: the Ombudsperson.

Enforcement of Women’s Property Rights Act 2021.

• ComplainEven if a court case is already pending (ss.4 and 7).
• OrdersPossession or title restored, with police help if needed (s.5).
• Lost rentThe one who kept her out can be made to pay market rent for the whole time (s.8).

Quick quiz. Who is right?

Guess first, then swipe for the answer.

• A. The brothers: dowry was her share
• B. She still gets her full share
• C. Only if the brothers agree

Answer: B. Her full share.

Dowry does not replace her inheritance.

• Check the inheritance mutation: is her name on it?
• A gift to the sons must be proved by them
• Punjab: the Ombudsperson can restore it, with lost rent
• Keeping her out by deceit: 5 to 10 years (PPC 498-A)

Sources

• Pakistan Penal Code · Section 498-A
  Prohibition of depriving woman from inheriting property Pakistan Code