father transfers property to sons

Aslam-o-alaikum, My name is perveen I found this website through Google Search, My question, My father gave his all inheritance land to his 2 sons and I’m a daughter , can I have the right to get my share from my Brothers but my father is still alive, Kindly give me any advice according laws, Thanks Again.

ANSWER:

1. **During the Father’s Lifetime**

Under Pakistani law, **no child—son or daughter—has a legal “inheritance right” while the father is alive**, because inheritance only opens **after the death** of the owner.

However:

* If your father has **transferred the land to his two sons during his lifetime** through **gift (Hiba), sale, or transfer**, then:

* He was legally entitled to do so **only if the transfer was valid and genuine**.
* But **Islamic law and Pakistani courts strongly discourage discrimination** between children without a valid reason.

2. **When Such Transfers Can Be Challenged**

You **can challenge** the transfer even during your father’s lifetime if:

* The transfer was **not a genuine gift** (only on paper, possession not given).
* It was obtained through **fraud, pressure, misrepresentation, or undue influence**.
* Your father lacked **free consent or mental capacity** at the time of transfer.
* The transfer was actually made to **deprive you of your lawful share**, while your father retained control.

Courts have held that a **fake or colorable transaction** can be set aside.

3. **After the Death of Your Father**

If the land:

* Was **never validly transferred**, or
* The gift was **incomplete under Islamic law** (no possession delivered),

then after your father’s death:

* The property will be treated as **inheritance**, and
* You, as a daughter, will have a **fixed legal share** under Islamic law and the Muslim Family Laws Ordinance.

4. **Important Legal Position**

* A **daughter cannot be permanently deprived** of her inheritance through sham or fraudulent transfers.
* Courts protect women’s inheritance rights and scrutinize transfers made **to defeat future inheritance**.

5. **Practical Advice**

* First, **check the mode of transfer** (gift deed, mutation, sale deed).
* Verify whether **possession was delivered** to your brothers.
* If the transfer appears suspicious, you may **file a civil suit** for declaration and cancellation of the transfer.
* If your father is alive and capable, courts usually prefer **amicable settlement** within the family.

**Conclusion**

✔ While your father is alive, you do not have an inheritance right as such.
✔ But **you are not without remedy** if the transfer to your brothers is illegal, fraudulent, or incomplete.
✔ If the transfer is valid and complete, it can only be challenged on strong legal grounds.