SC rules partial partition of inherited property not maintainable, remands case for fresh decision

ISLAMABAD, (UrduPoint / Pakistan Point News - 27th Feb, 2026) The Supreme Court of Pakistan has ruled that no co-sharer in inherited property can demand partition of only a specific valuable portion while ignoring the entire estate, holding that a claim for partial partition is not legally maintainable.

In a significant judgment concerning the distribution of inherited property, the apex court set aside the decision of the Peshawar High Court and remanded the case to the trial court with directions to decide the matter afresh in accordance with the law.

The written judgment was authored by Justice Shahid Waheed. The court observed that in a suit for partition, every inch of the property is jointly owned by all legal heirs, and the purpose of partition is to ensure that each heir receives his or her lawful share without discrimination.

The court made it clear that maintaining a claim for partial partition amounts to injustice towards other co-owners.

It held that all properties must be placed in a common pool and fairly divided after assessing their value and location.

The Supreme Court further noted that the trial court, while issuing the preliminary decree, had failed to determine the respective shares of the parties, which was contrary to legal requirements.

According to the facts of the case, the dispute arose among three brothers over the division of four houses left behind by their father. One of the brothers filed a suit seeking partition of only one house — which was in the possession of another brother — instead of seeking division of the entire estate. The trial court ordered partition of only the disputed house, a decision that was later upheld by the Peshawar High Court.

Setting aside the judgments of both courts, the Supreme Court directed the trial court to reconsider the matter and decide it afresh in accordance with the law, taking into account the entire estate.