Federal Constitutional Court rejects inheritance claim by children of predeceased brother
ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday rejected a plea seeking inheritance rights in the property of an issueless deceased man, ruling that the children of a predeceased brother cannot invoke Section 4 of the Muslim Family Laws Ordinance, 1961, to claim a share in the property. “Section 4 of the Muslim Family Laws Ordinance, 1961 is attracted only where the predeceased heir…
On Thursday, the Federal Constitutional Court (FCC) refused to grant inheritance rights to the children of a predeceased brother in the property of an issueless man, stating that Section 4 of the Muslim Family Laws Ordinance, 1961, only applies when the predeceased heir is a son or daughter of the propositus, and the claim is made by their children.
Chief Justice Aminuddin Khan, leading a two-judge FCC bench, explained that Section 4 does not extend to the children of a predeceased brother of the propositus. The five-page judgment, authored by Chief Justice Khan, noted that succession is governed by law, and sentiment or perceived hardship cannot create an heir where the governing law does not recognize one.
The dispute centered around property No. 15-L, Model Town Extension, Lahore, owned by deceased Ijaz Ahmed Rana, who died issueless on December 31, 2018. The petitioners, Javed Iqbal Rana's legal heirs, claimed right of inheritance under Muhammadan Law, asserting that they were the children of the predeceased brother of the deceased.
However, the FCC concluded that their relationship as collateral descendants of the propositus did not allow them to invoke Section 4 of the ordinance.
Written by urgent.news from Dawn - Pakistan's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
