ISLAMABAD, May 11 (APP):The Supreme Court of Pakistan on Monday has ruled that a co-owner of jointly owned property cannot transfer more property as Haq Mehr than his lawful and inherited share. The apex court further directed Nikah Registrars and Nikah Khawans to ensure verification of ownership of property mentioned as Haq Mehr and ordered the inclusion of a separate column in the Nikahnama regarding ownership details of the property. …
SC rules co-owner cannot transfer more than legal share as Haq Mehr
ISLAMABAD, May 11 (APP):The Supreme Court of Pakistan on Monday has ruled that a co-owner of jointly owned property cannot transfer more property as Haq Mehr than his lawful and inherited share.
The apex court further directed Nikah Registrars and Nikah Khawans to ensure verification of ownership of property mentioned as Haq Mehr and ordered the inclusion of a separate column in the Nikahnama regarding ownership details of the property.
In its detailed written judgment approved for reporting, the Supreme Court clarified that a husband can offer only his share in jointly owned property as Haq Mehr, while any claim to transfer an entire house or complete property as dower cannot affect the rights of other legal heirs.
The court observed that verification of ownership of property mentioned in the Nikahnama was necessary to avoid future legal disputes and unnecessary litigation.
To prevent avoidable legal complications, the court ordered the inclusion of a separate column in the Nikahnama specifying ownership details of the property being given as Haq Mehr.
The Supreme Court also directed that copies of the judgment be sent to the Chief Secretaries of all provinces for necessary action and implementation, asking the relevant authorities to take appropriate administrative measures in this regard.
The written judgment was authored by Justice Shakeel Ahmad.
The Supreme Court issued the ruling while dismissing a civil petition filed against a judgment of the Peshawar High Court and upheld the high court’s decision.
