SC limits Haq Mehar property rights in inheritance judgement
Top court says co-owner cannot transfer more property than their legal share: Nikah registrars directed to verify ownership before writing property as dower: Separate column for property ownership to be added to marriage contracts
The Supreme Court of Pakistan (SC) has ruled that no co-owner of a shared property can transfer more than their legal share, declaring that a husband may only offer his lawful portion of jointly owned property as Haq Mehr (dower) in a marriage contract.
According to the 24NewsHD TV channel, in a significant judgement concerning property transferred as dowry on Monday, the court observed that claims involving the transfer of an entire house as Haq Mehr could affect the rights of other legal heirs.
The ruling stressed that property listed in a nikahnama must be legally owned by the person offering it.
The SC also directed nikah registrars and officiating clerics to verify the ownership status of any property entered as Haq Mehr in marriage documents.
To prevent unnecessary litigation in future, the court further ordered the inclusion of a separate column in the Nikah Nama specifically related to ownership details of the property being offered.
The SC dismissed a civil petition challenging a decision of the Peshawar High Court (PHC). The court also ordered that copies of the judgement be sent to the chief secretaries of all provinces for necessary action and implementation.
The case was filed by a Peshawar resident, Nighat Miandad, against her former husband and mother-in-law for the recovery of Haq Mehr. SC judge Justice Shakeel Ahmed issued the written verdict on Monday.
The trial court had earlier ruled in favour of the petitioner and ordered that possession of the house mentioned in the nikahnama be handed over to her.
After the husband’s appeal was dismissed, other legal heirs approached the PHC instead of the trial court, despite not being parties to the original proceedings before the PHC.
The SC ultimately dismissed the heirs’ petition challenging the high court’s ruling, bringing the long-running dispute to a close.
It is worth mentioning that Haq Mehr is a mandatory gift, payment, or security, often in cash, gold, or property, given by the groom to the bride upon marriage in Islam.
It is the bride's absolute right, symbolising respect, commitment, and financial security, and is legally documented in the Nikah Nama.
Reporter: Amanat Gishkori