Law: Contract, Act, 1872

Section: IX,25

Law: Specific Relief Act, 1877

Section: I,39,42,54

(a)    Contract Act (IX of 1872)-------S.25---Specific Relief Act (I of 1877), Ss. 39, 42 & 54--Release/Relinquishment deed, authenticity of---Fraud and misrepresentation by brothers to deprive their sister (Pardanashin lady) from her share in legacy--Private settlement of dispute qua partition of inherited land in a Jirga--Participation of brother and husband of respondent (sister) without any permission or authority of respondent---Effect---Execution of deed by husband of respondent without her authorization for relinquishment of her share in the remaining legacy--Effect---Inheritance is a compulsory right---No one has right to refuse from being an inheritor of his/her immediate ancestor---Due to cultural practices women and in some situations vulnerable poor amongst familial relations, are compelled on one pretext or another to relinquish their due Shari shares, or a portion thereof, when inheritance of a propositus opens for distribution---In the present case alleged Takharuj/relinquishment was not reduced into writing and even in its oral form it had not been proved---Petitioner failed to produce even a shred of evidence that proper partition had taken place amongst all the legal heirs and that the respondent had demonstrably exercised her choice to relinquish her remaining share in the legacy---Revision petition was dismissed and the judgment of the Appellate Court was upheld accordingly.Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 and Mst. Parveen (deceased) through LRs. v. Muhammad Pervaiz and others 2022 SCMR 64 rel.(b)    Islamic Law-------Inheritance---Takharuj, concept of---Meanings---Literal meaning of takharuj is to exclude; to abort---Given the obligatory nature of the right of inheritance which carves out no room for refusal, inheritors may distribute their respective shares in an amicable manner---In the process, an inheritor may agree to take a specific portion or kind of the inherited property and give a part or other kind to other inheritors---Having stepped down, such an inheritor stands excluded---This is called takharuj---In this perspective, the exclusion amounts to…