"We gave her dowry." So no share?

No. Dowry is not her share.

Supreme Court of Pakistan, C.P. 284-P of 2012, 30 Sep 2024.

• This novel proposition is completely against the Shariah and the law of Pakistan.

Quoted from the order

The father died in 1988.

His daughters were in the mutation.

• 17 Aug 1988Shah Jehan dies.
• 31 Jul 1997The inheritance mutation is attested. The daughters are in it.
• The brothersSue to cut them out: he gave them cash and dowry in his life.

Three courts said no.

And the brothers kept going.

• 15 Sep 2010Suit dismissed.
• 25 Jan 2011Appeal dismissed.
• 23 Apr 2012Revision dismissed by the High Court.

Then the Supreme Court.

Who held the sisters' land all along? The brothers.

• Leave refusedTheir petition was dismissed.
• CostsRs 500,000, to be shared among those who were deprived.
• Revenue officersTold to make sure every heir gets the Shariah share.

Blocking her share is a crime.

Section 498-A, PPC.

“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, Depriving a woman of inheritance

"It has been too long."

Not for a co-heir, says the Supreme Court.

• LimitationDoes not run against a co-sharer (C.A. 22-L of 2014, 29 Dec 2021).
• PossessionAn heir in possession holds it for all the heirs (C.A. 13-K of 2015, 7 Mar 2016).
• A wrong mutationIs not by itself an ouster (C.A. 1002 of 2015, 11 Jan 2022).

Myth or fact?

What families still say.

• Myth: She took her dowry, so the land is ours.
• Fact: Gifts and dowry in his life do not cancel her share in what he left at death.

One exception.

A real transfer made in his lifetime.

• Sold or gifted in his lifeHeirs who challenge it decades later can face limitation (C.A. 97 of 2003, 1 Sep 2021).
• SoAsk for the records early, and act early.

Her share, in 4 lines.

The slide to keep.

• Fixed by ShariahNot by the family.
• Dowry is not a shareGifts in his life do not cancel it.
• A crimeDepriving her: 5 to 10 years, or Rs 1 million fine, or both.
• TimeDelay alone does not shut out a co-heir.

Your family too?

Ask FAI for the law and the judgments.

• My brothers say my dowry was my share. Is that the law?
• How do I challenge an inheritance mutation that left me out?

Example questions

Sources

• Pakistan Penal Code · Section 498-A
  Depriving a woman of inheritance Pakistan Code