The Federal Constitutional Court (FCC) has ruled that the children of a brother who died before the deceased cannot claim a share in their uncle’s property under Section 4 of the Muslim Family Laws Ordinance, 1961, 24NewsHD TV reported on Saturday.
A two-member bench comprising Chief Justice Amin-ud-Din Khan and Justice Ali Baqar Najafi dismissed a petition filed by the legal heirs of Javed Iqbal Rana and upheld the Lahore High Court’s March 18, 2026 decision.
The case concerned property in Lahore owned by Ejaz Ahmad Rana, who died childless in December 2018.
The petitioners were the sons of his brother, who had died before him, and they claimed inheritance rights under Section 4 of the Muslim Family Laws Ordinance.
The court clarified that Section 4 applies only when a son or daughter of the deceased dies before succession opens.
In such a case, the children of that predeceased son or daughter can receive the share their parent would have inherited.
The provision does not extend to the children of a predeceased brother.
The court said the provision could not be extended to other relatives through analogy or interpretation.
A blood relationship alone does not automatically create an inheritance right; the claimant's legal status and the applicable rules of succession must also be considered.
The judgment further explained that under the traditional Hanafi law of inheritance, the classification of heirs is important.
Sharers and residuaries have priority over distant relatives, and a predeceased brother does not pass a prospective share in his brother’s estate to his children simply because he would have been an heir had he survived.
The court observed that Section 4 is a specific statutory exception to the general rules of Muslim inheritance and cannot be expanded beyond the relationship expressly covered by the law.
The petition was consequently dismissed, and the Lahore High Court’s decision was maintained.