Strange decision of Pakistan court, non-Muslim son’s right to father’s inheritance rejected – Pakistan Lahore High Court Verdict Over Property Distribution To Ahmadi Son NTC

Lahore High Court in Pakistan has given a strange decision. Here a person from the Ahmadi Muslim community did not get a share in his father’s property just because he is an Ahmadi. The man’s father was a Muslim, and after his death the property was divided among his three sons and two daughters.

Now the matter reached such a stage that one of his grandsons went to court against one of his uncles, who he claimed was an Ahmadi and not a Muslim – hence he had no right to his father’s property. Lahore High Court also accepted this and gave its verdict in favor of the grandson.

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Property distributed among sons and daughters after death

Chaudhary Muhammad Iqbal of Lahore High Court gave this decision in a case in which the issue of inheritance of 83 kanals of land in Gojra tehsil of Toba Tek Singh district was involved. This land belonged to a Muslim, after whose death the property was divided among his three sons and two daughters.

However, a Muslim grandson of the deceased challenged this partition, as he claimed that one of his uncles (in whose favor the partition was made) was an Ahmadi, due to which he could not inherit the property of a Muslim father. The court ruled in favor of the grandson, thereby annulling the partition. During cross-examination, an heir of a non-Muslim heir also testified that his father was an Ahmadi.

Non-Muslim heirs cannot inherit!

Justice Iqbal said it was an accepted fact that the man was an Ahmadi, but he did not explain this fact in light of his Muslim father’s heritage. The Justice said that according to Sharia, the property of a deceased Muslim cannot be inherited by a non-Muslim heir.

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The Justice pointed out that during the British rule, personal laws of various communities were implemented in India and were also implemented on Muslims through the Muslim Personal Law Act of 1937. Suggesting that the principles of Quran and Sunnah apply to inheritance of property of a deceased Muslim, where the property of a Muslim cannot be inherited by a non-Muslim.