Based on the details provided, here is a legal opinion regarding the transfer of property promised as Haq Mehr (dower) in your Nikahnama (marriage contract)
As you mentioned that your husband has passed away, and other family members are trying to evict you from the house, and that you are resident of Khyber Pakhtunkhwa. Here’s the legal guidance as per Pakistani law:
- Dower as a Right: Under Islamic law, mehr is a mandatory payment or property promised by the husband to the wife at the time of marriage. If a house was specified as mehr in your Nikahnama, it is your right to claim it. Fawad Ishaq and others Versus Mst. Mehreen Mansoor and others, PLD 2020 Supreme Court 269, reinforces that a woman’s property rights are protected under Islamic law and the Constitution of Pakistan. Women have been granted ownership rights within Shariah that are unassailable.
- Enforcement of Dower: As the Nikahnama includes a house as part of your dower, you have a valid claim against your deceased husband’s estate for the property. Fawad Ishaq and others Versus Mst. Mehreen Mansoor and others, PLD 2020 Supreme Court 269, observed that you can claim the property from your husband.
- Legal Action: You can file a suit in the Family Court to claim the house promised as dower. You should array all legal heirs of your deceased husband as parties to the suit.
- Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019 This law specifically protects women’s property rights.
- Delivery of Possession: The Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019, Section 5 (1) states that if a woman has been illegally deprived of ownership or possession of her property, the Ombudsperson can direct the Deputy Commissioner or a state functionary to restore the property to her, including taking measures to perfect her title.
- Assistance from Police: The Ombudsperson may direct the officer-in-charge of a police station for assistance in implementing the orders. The Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019, Section 5 (2).
- Compliance Report: The Deputy Commissioner must submit a compliance report within seven days to the Ombudsperson regarding the implementation of orders. The Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019, Section 5 (3).
- Definition of Ownership: According to THE KHYBER PAKHTUNKHWA ENFORCEMENT OF WOMEN OWNERSHIP RIGHTS ACT, 2012, Section 2 (a) “Ownership” means the right of ownership in the property both movable and immovable which is devolved upon and vested in women by way of inheritance, gift, purchase, mehr or acquired by her by way of any other legal and Shari means; and
- Mst. ROSHAN ARA Versus Mst. BADRI KAMALA, 1989 SCMR 1981, reinforces the importance of acknowledgment deeds (such as a Nikahnama) in matters of dower under Muhammadan Law. It clarifies that a husband’s written acknowledgment of a previous property transfer in lieu of dower carries significant legal weight.
Conclusion:
Given that the house was specified in your Nikahnama as part of your dower, you have a strong legal claim to it. You should promptly file a suit in the Family Court, arraying all legal heirs of your deceased husband as parties. Additionally, considering that other family members are creating issue for you, it would be strategic to seek assistance under The Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019 through the Ombudsperson to ensure your rights are protected and the property is transferred to your name.