Supreme Court sets key rule on property given in mehr
1 min readThe Supreme Court has ruled that no co-owner of a joint property can transfer more than their lawful hereditary share when offering assets as mehr.
In a detailed judgment issued by Justice Shakeel Ahmed, the court clarified that a husband may only gift property as mehr to the extent of his legal ownership in any joint asset, and cannot transfer full ownership if it affects the rights of other heirs.
A husband can only grant property as mehr to the extent of his own share in joint property, it stated.
The ruling stated that claims of gifting an entire house or property as mehr cannot override the legal entitlement of other co-owners or family members.
The court also directed that nikah khawans must ensure proper verification of property ownership mentioned in mehr arrangements to avoid future legal disputes.
It further ordered relevant authorities to add a separate column in marriage registration documents specifying property ownership details, including the share of the person gifting the asset.
The decision came on a civil petition challenging a ruling of the Peshawar High Court, which was upheld by the Supreme Court after dismissal of the appeal.
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