# "We gave her dowry." So no share?

> The father died in 1988. The brothers kept the daughters' land and fought three courts to cut them out. On 30 Sep 2024 the Supreme Court threw out their case with Rs 500,000 in costs for the sisters. Depriving a woman of her inheritance is also a crime under section 498-A PPC.

- Topic: Property and inheritance
- For: Citizens
- A 12-slide carousel: https://failegal.site/media/we-gave-her-dowry-so-no-share
- Published by FAI Legal on 2026-11-08

## 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.**

## The father died in 1988.

His daughters were in the mutation.

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

## Three courts said no.

And the brothers kept going.

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

## Then the Supreme Court.

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

- **Leave refused** Their petition was dismissed.
- **Costs** Rs 500,000, to be shared among those who were deprived.
- **Revenue officers** Told 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)

## "It has been too long."

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

- **Limitation** Does not run against a co-sharer (C.A. 22-L of 2014, 29 Dec 2021).
- **Possession** An heir in possession holds it for all the heirs (C.A. 13-K of 2015, 7 Mar 2016).
- **A wrong mutation** Is 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 life** Heirs who challenge it decades later can face limitation (C.A. 97 of 2003, 1 Sep 2021).
- **So** Ask for the records early, and act early.

## Her share, in 4 lines.

The slide to keep.

- **Fixed by Shariah** Not by the family.
- **Dowry is not a share** Gifts in his life do not cancel it.
- **A crime** Depriving her: 5 to 10 years, or Rs 1 million fine, or both.
- **Time** Delay 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?**

## Sources

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

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