LHC Sets Aside 80-Year-Old Land Mutation, Rules Will in Favour of Legal Heir Invalid Under Islamic Law
By Zeeshan Naseem :
The Lahore High Court (LHC) has partially allowed a civil revision petition, setting aside an 80-year-old inheritance mutation after ruling that Islamic law does not permit a will in favour of a legal heir.
The dispute concerned land owned by the late Din Muhammad in Rahim Yar Khan district, who died without children. His estate was therefore to be inherited by the descendants of his two brothers, Sama and Jung.
Dispute Over 1945 Mutation
The petitioners argued that Ghaus, the predecessor of respondent Sama, secretly transferred the land into his own name in 1945 through Mutation No. 436, allegedly based on a “false and fictitious” will. They further claimed the respondent had later transferred the land through a separate allotment.
According to the petitioners, the transfers only came to light during recent consolidation proceedings, prompting them to file a suit for declaration.
Court’s Interpretation of Islamic Law
The central legal question before the court was whether a Muslim can leave a will in favour of someone who is already a legal heir.
During the proceedings, the respondents initially argued that the land had been transferred as a gift, but later relied on the 1945 mutation based on a will.
In his judgement, Justice Malik Waqar Haider Awan observed that Islamic law is divine and takes precedence over man-made legislation in matters of succession.
The judge cited the Holy Quran and the Farewell Sermon of Prophet Muhammad (PBUH) at Hajjatul Wida, which states that “there is no will for an heir.”
He noted that while earlier guidance allowed bequests to relatives, the detailed inheritance framework outlined in Surah An-Nisa later established a structured system for distributing a Muslim’s estate.
Mutation Declared Fraudulent
Justice Awan concluded that the mutation based on the alleged will was fictitious, fraudulent and contrary to Islamic injunctions.
He also rejected the respondents’ argument that the claim was barred by limitation laws, ruling that no limitation period applies when a co-heir seeks to enforce inheritance rights. According to the judgement, the possession of one co-sharer is legally considered possession for all heirs.
The court further held that the limitation period could begin only after the completion of consolidation proceedings, and the petitioners had filed their claim within that timeframe.
Court’s Final Decision
The LHC partially allowed the revision petition and set aside the 1945 mutation concerning land in Mouza Chak Abbas, directing that the property be distributed among all lawful heirs according to Islamic inheritance law.
However, the court upheld the lower courts’ decision regarding land in Mouza Kot Qutab, ruling that the petitioners had failed to prove that Din Muhammad owned that property.
The judgement also reaffirmed Articles 2 and 2-A of Pakistan’s Constitution, which declare Islam as the state religion and require that Muslims be enabled to organise their lives in accordance with the Holy Quran and Sunnah.
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