Supreme Court Delivers Landmark Judgement on Inheritence Cases

CHITRAL: The Supreme Court of Pakistan has clarified that a legal heir’s right to inherited property does not expire merely because many years have passed. When a person dies, their property immediately passes to their legal heirs under Islamic inheritance law. Therefore, an heir’s share cannot be taken away simply because they remained silent, did not demand their share, or did not take legal action for a long time.

However, the Court has also upheld the six-year limitation period for filing an inheritance claim. This period does not begin from the date of the property owner’s death, nor from the date an heir’s name is missing from a mutation or revenue record. It begins only when the heir clearly learns that their inheritance right has been denied or that they have been deprived of their share.

The Court explained that there must be a clear and open denial of the heir’s ownership right, and the heir must actually know about it. Only then will the six-year period start. If an heir discovers that their share has been excluded, sold, transferred, or otherwise denied, they should approach the court within six years of gaining that knowledge. If they delay beyond that period, their claim may become time-barred.

The five-member larger bench, headed by Justice Shahid Waheed, also held that one heir’s possession of inherited property does not end the rights of other heirs. A mere oral claim that an heir gave up their share is not enough; any waiver must be voluntary, conscious and legally valid. The judgment protects heirs—especially women, children and other vulnerable family members—while also safeguarding bona fide purchasers who bought property in good faith without knowledge of an inheritance dispute. .. CN report, 14 Nov 2026