PHC sets aside 80 ombudsperson rulings under women's inheritance law

PHC sets aside 80 ombudsperson rulings under women's inheritance law

Pakistan

Court ruled that the Women Property Rights Act 2019 does not empower the provincial ombudsperson to order the distribution of disputed property.

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PESHAWAR (Dunya News) – The Peshawar High Court (PHC) on Monday declared null and void 80 decisions issued by the provincial ombudsperson under the Women’s Inheritance Protection Law.

In its verdict, the court ruled that the Women Property Rights Act 2019 does not empower the provincial ombudsperson to order the distribution of disputed property. Justice Muhammad Naeem Anwar issued a detailed 90-page written judgment.

The court observed that complex property disputes fall within the jurisdiction of civil courts and that all decisions issued by the ombudsperson were in conflict with the Land Revenue Act 1967. It further ruled that the ombudsperson cannot interfere in pending civil or family cases.

The judgment stated that the ombudsperson has no authority to halt judicial proceedings or determine ownership rights. The advocate general of Khyber Pakhtunkhwa informed the court that certain provisions of the law contain flaws and require legislative amendments.

The PHC concluded that under the law, the ombudsperson may examine pending cases but does not have the authority to decide them.