The Federal Constitutional Court (FCC) has issued new guidelines to strengthen the protection of children’s property and inheritance rights in Pakistan, directing courts to ensure that the interests of minors are fully safeguarded during legal proceedings involving property disputes.
According to the ruling, all civil and revenue courts must first determine whether any party involved in a property case is a minor before proceeding with important legal decisions. If a child is involved, judges are required to strictly follow the provisions of Order XXXII of the Code of Civil Procedure (CPC), 1908, which outlines the legal framework for protecting the rights of minors during litigation.
The judgment was delivered while hearing a long-running family property dispute from Bahawalnagar, where a compromise over inherited land allegedly affected the rights of minor children and a female family member. The FCC set aside an earlier Lahore High Court ruling and restored the revisional court’s decision, which had cancelled the disputed settlement and ordered a fresh trial.
The court further clarified that a guardian for a minor may only be appointed after confirming that no conflict of interest exists. It also ruled that any compromise or settlement involving a child’s property or inheritance rights cannot be approved unless the court is satisfied that it is lawful and clearly serves the best interests of the minor.
Where applicable, courts must also comply with the provisions of the Guardians and Wards Act, 1890, before validating any agreement related to a child’s property.
Chief Justice Aminuddin Khan, who headed the three-member bench, emphasized that courts must exercise greater caution in cases involving minors. He stated that judges should independently assess every matter to ensure their decisions genuinely protect the welfare and legal rights of children, adding that courts cannot endorse agreements that fail to meet legal requirements.
Legal experts have welcomed the ruling, saying it reinforces safeguards against the misuse of property and inheritance belonging to minors while promoting a more consistent judicial approach to such cases across Pakistan.
The decision is expected to strengthen legal protections for children in property disputes and encourage courts to place greater emphasis on transparency, due process, and the best interests of minors when deciding inheritance and property-related matters.
