Верховный суд Пакистана признал за индийской вдовой право на земельный участок для постоянного проживания

Верховный суд Пакистана отменил решения нижестоящих инстанций и подтвердил право вдовы, переехавшей из Индии, на землю, выделенную ей для постоянного поселения. Суд указал, что противники не могут претендовать на участок, так как он никогда не принадлежал их предку, а вдова имела право на него в личном качестве.

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Supreme Court backs Indian migrant widow’s land right

The Supreme Court has issued an important decision in favour of a widow who migrated from India to Pakistan, recognising her right to land allotted to her for permanent settlement in the country. The court rejected the position of the opposing parties and declared the trial court’s 2000 order and the High Court’s 2014 decision null and void. Justice Jamal Khan Mandokhel issued the written decision, which recognised the widow’s entitlement to the property allotted to her after she migrated from India to Pakistan. The court noted that the property had been allotted to a homeless widow who had migrated to Pakistan and sought permanent settlement in the country. Widow applied for land in personal capacity According to the Supreme Court’s decision, the widow had applied for allotment of the land in her personal capacity with the intention of permanently residing in Pakistan. The court observed that the land over which the opposing parties claimed a share had never been owned by Abdul Karim. The Supreme Court held that it was an accepted fact that Abdul Karim had died before the formation of Pakistan. In view of this fact, the court found that the opposing parties could not establish a right to the land allotted to the widow on the basis of Abdul Karim’s ownership. Opposing parties did not claim migration The court also noted that the opposing parties had not claimed that they themselves migrated from India to Pakistan. According to the ruling, the relatives of late Abdul Karim could only make a claim regarding property to the extent of the land that had been left behind in India. The Supreme Court declared both the trial court’s order issued in 2000 and the high court’s decision of 2014 null and void. The ruling effectively rejected the opposing parties’ claim over the land allotted to the migrant widow and recognised her right to the property in Pakistan. Court protects widow’s settlement rights The decision provides relief to the widow, whose entitlement to the allotted land had been challenged by the opposing parties. The Supreme Court’s ruling makes clear that the land allotted to her for permanent settlement could not be treated as property inherited from Abdul Karim, as the disputed land had never been owned by him.