Federal Constitutional Court rejects inheritance claim by brother's children

The Federal Constitutional Court (FCC) has rejected a claim for inheritance brought by the children of a predeceased brother, ruling that Section 4 of the Muslim Family Laws Ordinance, 1961, does not give them a right to share in the estate of a man who died without children.

Dawn reported from Islamabad that the court delivered the ruling on Thursday. The Associated Press of Pakistan also reported the decision.

Section 4 of the ordinance provides inheritance rights to the children of a predeceased son or daughter. In the case before the court, the deceased man had no children of his own. The claim was advanced by the children of his brother, who had died before him, seeking a share in the property.

The court held that the provision is attracted only where the predeceased heir is a son or daughter of the propositus, the person from whom a family line is traced, and the claim is made by the children of that son or daughter. Dawn quoted the Chief Justice of the Federal Constitutional Court as observing: "Section 4 of the Muslim Family Laws Ordinance, 1961 is attracted only where the predeceased heir is a son or daughter of the propositus and the claim is made by the children of such son or daughter."

The Associated Press of Pakistan carried the same finding, stating that the court held Section 4 does not extend to the children of a predeceased brother.

The available reports did not carry the full text of the judgment or the names of the parties. Both outlets said the decision was announced after hearing the plea.

The ruling means that, under the ordinance, statutory inheritance protection for grandchildren operates only through sons and daughters of the deceased, not through collateral relatives such as a brother. The children of a predeceased brother therefore stand outside Section 4.