Inheritance mutation made thru ‘fictitious will’ annulled
LAHORE: The Lahore High Court has partially allowed a civil revision, setting aside an 80-year-old inheritance mutation on the grounds that Islamic law prohibits making a “will” in favour of legal heirs.
The legal battle originated from a dispute over land owned by the late Din Muhammad in Rahim Yar Khan district. Din died issueless, leaving his estate to be inherited by the descendants of his two brothers, Sama and Jung.
The petitioners alleged that Ghaus (predecessor of respondent Sama) secretly transferred land into his own name in 1945 using a “false and fictitious” will (Mutation No. 436). They further claimed the respondent had transferred the land under a separate allotment.
The petitioners only discovered these transfers after recent consolidation proceedings and subsequently filed a suit for declaration.
LHC sets aside document, rules limitation can’t defeat Muslim succession rights
The core dispute before the LHC centred on whether a Muslim can leave a will in favour of someone who is already a legal heir.
While the respondents initially claimed the land was a gift, they later relied on the 1945 mutation based on a “will”.
Justice Malik Waqar Haider Awan, in his judgement, observed that Islamic law is divine and takes precedence over man-made laws regarding succession.
The judge cited the Holy Quran and the final sermon of Prophet Muhammad (PBUH) at Hajjatul Wida, which established that “there is no will for an heir”.
He noted that while earlier revelations allowed bequests for parents and kin, these were modified by the detailed inheritance system set out in Surah An-Nisa.
The judge found the mutation under the “will” to be not only fictitious and fraudulent but also contrary to the injunctions of Islam.
Justice Awan rejected the respondents’ arguments regarding the statute of limitations. He ruled that no limitation runs against a co-heir enforcing inheritance rights, as the possession of one co-sharer is deemed possession for all.
He held that the limitation could begin from the date of completion of consolidation proceedings, within which the suit had been filed in time. Therefore, the date of knowledge would be considered from the conclusion of those proceedings.
Declaring the judgements cited by the petitioners relevant, the judge observed that in matters of inheritance, limitation would not run, and no limitation applies against orders passed without jurisdiction.
The judge ruled that the succession of a Muslim could not be defeated by the law of limitation.
He partially allowed the revision petition and set aside the 1945 mutation relating to land in Mouza Chak Abbas, decreeing the suit. This land will now be distributed among all legal heirs in accordance with Islamic inheritance law.
With regard to the land in Mouza Kot Qutab, the LHC judge upheld the lower courts’ dismissal of the claim, as the petitioners failed to establish Din Muhammad’s ownership of that property.
The judgement reaffirmed Articles 2 and 2-A of the Constitution, which establish Islam as the state religion and mandate that Muslims be enabled to order their lives in accordance with the Holy Quran and Sunnah.
Published in Dawn, March 28th, 2026
