Lahore: The Lahore High Court has partially allowed a civil revision petition, overturning an 80-year-old inheritance mutation after ruling that it was based on a fictitious will and violated established principles of Islamic inheritance law. The court held that a Muslim cannot bequeath property through a will to individuals who are already legal heirs, reaffirming the primacy of religious injunctions in matters of succession.
The case arose from a long-standing dispute over agricultural land in Rahim Yar Khan, originally owned by the late Din Muhammad, who died without direct heirs. His estate was to pass to the descendants of his two brothers, Sama and Jung. However, the petitioners alleged that in 1945, a predecessor of the respondent fraudulently transferred the land into his own name through a fabricated will, recorded as Mutation No. 436, without the knowledge of other rightful heirs.
According to the petitioners, the disputed transfers only came to light during recent land consolidation proceedings, prompting them to file a suit for declaration. The central legal question before the court was whether Islamic law permits a will in favour of an existing heir. While the respondents initially argued that the land had been transferred as a gift, they later relied on the contested mutation based on the alleged will to justify their claim.
In his detailed judgement, Justice Malik Waqar Haider Awan emphasised that Islamic law governing inheritance is of divine origin and takes precedence over statutory provisions. He cited principles derived from the Holy Quran and the farewell sermon of Prophet Muhammad, which clearly establish that “there is no will for an heir.” The court further noted that earlier permissions for bequests were superseded by the comprehensive inheritance framework outlined in Surah An-Nisa.
The judge declared the 1945 mutation not only fictitious and fraudulent but also contrary to Islamic injunctions, thereby rendering it legally invalid. He also dismissed the respondents’ reliance on limitation laws, ruling that no statutory limitation applies against a co-heir seeking enforcement of inheritance rights. The court held that possession by one co-sharer is deemed possession on behalf of all, and that the limitation period, if any, would begin only after the conclusion of consolidation proceedings—making the petition timely.
Consequently, the court set aside the mutation relating to land in Mouza Chak Abbas and decreed that the property be redistributed among all lawful heirs in accordance with Islamic principles of succession. However, with regard to land in Mouza Kot Qutab, the court upheld the decisions of lower courts, noting that the petitioners had failed to establish the deceased’s ownership of that property.
The judgement also reaffirmed the constitutional framework under Articles 2 and 2-A, which declare Islam as the state religion and require that Muslims be enabled to live in accordance with the Quran and Sunnah. The ruling is being seen as a significant reaffirmation of Islamic inheritance law in Pakistan’s judicial system, particularly in cases involving disputed wills and longstanding property claims.