SAS Legal Partners

SAS Legal Partners SAS Legal Partners is a law firm led by Adv Sadia Ahmed Soomro, providing legal services

17/09/2025

Legal Principle Highlight

In PLD 1990 SC 632 (Khadim Hussain v. Additional District Judge), the Hon’ble Supreme Court of Pakistan held that:

The words “and” and “or” are interchangeable. The word “and” can be construed as “or” and vice versa if such a change is necessary to effectuate the obvious intention of the lawmaker or the statutory rule framer.

This judgment reflects the importance of interpreting statutes in line with legislative intent rather than rigidly adhering to literal meanings.

DO YOU KNOW YOUR RIGHT TO INHERITANCE AS A DAUGHTER?As per Pakistani law and Islamic Sharia, a daughter is a legal heir ...
28/07/2025

DO YOU KNOW YOUR RIGHT TO INHERITANCE AS A DAUGHTER?

As per Pakistani law and Islamic Sharia, a daughter is a legal heir and cannot be deprived of her share in the property of her parents or close relatives.

Legal Provisions Protecting Daughters' Right to Inheritance:

📜 1. Quranic Law (Sharia Law)

Surah An-Nisa (4:11) –
"Allah commands you regarding your children: the share of the male will be twice that of the female..."

A daughter inherits half the share of a son if both are surviving.
If she is the only child, she may inherit up to half or two-thirds of the estate depending on the presence of other heirs.

2. Constitution of Pakistan, 1973

Article 23: Every citizen has the right to acquire, hold, and dispose of property.

Article 25(2): No discrimination shall be made on the basis of s*x alone.
✅ Therefore, denying inheritance to a daughter is unconstitutional.

3. West Pakistan Muslim Personal Law (Shariat) Application Act, 1962

Section 2:
Muslim inheritance matters are governed by Shariah, and female heirs have equal status in law.

4. Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011

Section 498A – Penal Code Amendment:
Depriving women from inheriting property is a criminal offense.

🟥 Punishment:
– Up to 10 years imprisonment
– With or without fine

5. Case Law (Judgments):

PLD 2017 SC 28 – Ghulam Ali vs. Ghulam Sarwar
Supreme Court held: "Right of inheritance of daughters cannot be extinguished by delay, family customs, or lack of possession."
2021 SCMR 146 – Even if a daughter is not in physical possession, she is still a legal heir.

Important:
✅ Married, divorced, or widowed – a daughter’s right to inheritance is valid.

❌ Any oral denial, pressure, or family arrangement without her written consent is illegal.

📞 Need legal help in claiming your inheritance as a daughter?
We specialize in Women’s Property Rights, Civil Suits & Succession Matters.

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