The Supreme Court has laid down an important legal principle on the transfer of property given as haq mehr (dowry), ruling that no co-owner in a joint property can transfer more than their inherited legal share.
In a written judgment issued by Justice Shakeel Ahmad, the court said a husband can only give property in dowry to the extent of his lawful share in jointly owned property. It ruled that any claim to give away an entire house or full property as dowry cannot override the rights of other legal heirs.
The court said the rights of co-sharers and other heirs must remain protected in such cases, making it clear that one stakeholder in shared property cannot unilaterally transfer ownership beyond their entitlement.
The Supreme Court also issued important directions for nikah registrars, saying they must properly verify the ownership status of any property entered in the marriage contract as dowry to avoid future legal disputes.
It further directed the federal government and relevant authorities to add a separate column in the nikahnama for property ownership details.
The column should clearly state who owns the property being given as dowry and what share of it belongs to the person offering it.
The ruling was issued in a civil petition filed against a Peshawar High Court judgment. The Supreme Court dismissed the petition and upheld the high court’s decision.