Imagine this as a Pakistani Grandfather: you’ve lived a long, industrious life, saved a tidy sum, and built a respectable name in your community. You’ve doted on your children, even lavished gifts on the grandchildren. But just when you think retirement means sitting back with a warm cup of tea and recounting your glory days, the Pakistani legal system has a different plan for you—one that might involve funding grandkids’ tuition fees, dower payments, or even courtroom battles over their custody. Welcome to the precarious legal position of grandfathers in Pakistan, where your pocketbook might be drafted into service long after your fathering days are over.
Grandfather’s Custody Dilemma: When Love Isn’t Enough
If you think being a grandfather means automatic visitation rights and the warmth of tiny arms clinging to you, think again. The case of Mst. Neelofer v. Muhammad Khan (2025 CLC 145, Peshawar High Court) demonstrates that grandfathers may have to battle in court even for a role in their grandchildren’s lives. In this case, after the father of the minor passed away, his father (the grandfather) fought to have a say in the guardianship proceedings. However, the court underscored a crucial principle: in the presence of a fit and morally upright mother, the welfare of the child almost always remains with her. Grandfathers attempting to claim custody face an uphill battle unless extraordinary circumstances exist, such as proven negligence on the part of the mother.
The Price of Being a Grandfather: Maintenance Battles
In the old days, a grandfather’s biggest financial obligation might have been slipping a few rupees into tiny hands for sweets. Today, that generosity might be court-mandated. The Supreme Court in Bashir Ahmad v. Additional District Judge, Hafizabad (2024 PLD 67) reaffirmed that while a father is primarily responsible for maintaining his children, if the father lacks the means or has passed away, the financial burden can shift to the grandfather—provided he is ‘in easy circumstances.’ This means that if you’ve got a few properties or a successful business, don’t be surprised if a court decides that those assets should be supporting your grandchildren.
It gets worse. In Hazrat Bilal v. Mst. Asmat Bibi (2024 CLC 1772, Peshawar High Court), the court was crystal clear: if a grandfather is financially well-off, he cannot claim immunity from supporting his grandchildren just because he was not originally responsible for them. The ruling relied on Para 370 of D.F. Mullah’s Principles of Muhammadan Law, which provides that if the father and mother are too poor to maintain their children, the responsibility falls squarely on the grandfather’s shoulders. So, if you’re a wealthy landlord enjoying your golden years, be ready for potential legal entanglements that could see your finances redirected towards school fees, medical bills, and other expenses.
Inheritance: The Grandfather’s Ultimate Legal Quagmire
The inheritance landscape for grandfathers is, to put it mildly, a legal minefield. Under Section 4 of the Muslim Family Laws Ordinance, 1961, the children of a predeceased son or daughter can inherit what their parent would have received had they been alive. The Federal Shariat Court ruled this provision repugnant to Islam, but the decision has been stayed pending appeal before the Supreme Court (Shabana v. Public at Large, 2023 MLD 1484). What does this mean for you, the overseas Pakistani client? If you are an expatriate planning your estate, be prepared for legal uncertainty, as this area of law is currently in limbo.
Even more intriguing is the case of Niaz Muhammad (Nazak Khan) v. Bibi Khatima (2023 PLD 51, Quetta High Court), where the court stressed that while a grandfather isn’t automatically responsible for maintaining his grandchildren, a suit must first determine whether he is ‘in easy circumstances.’ This means that before your assets are used to pay for little Ahmed’s tuition, the court must first assess whether you’re financially well-positioned to do so. The catch? If you’ve built a business empire or own prime real estate, your wealth might be seen as fair game.
The Takeaway: Plan Your Legal Defenses Early
For overseas Pakistani grandfathers, the key takeaway is that you cannot assume that your financial obligations ended when your children reached adulthood. Courts are increasingly interpreting Islamic law and statutory law in ways that impose obligations on grandfathers, especially if they have assets and their sons are either deceased or financially incapable. Here’s what you can do to safeguard your legacy:
- Estate Planning is Essential – Ensure your will is legally sound and, if necessary, structured in a way that clarifies how your wealth should be distributed to avoid unintended obligations.
- Guardianship Arrangements – If you anticipate disputes over custody, legally define guardianship roles in advance.
- Financial Planning – If you have significant wealth, consider structuring it in trusts or other financial instruments that protect it from unpredictable court rulings.
- Legal Representation Matters – If you are an overseas Pakistani with family in Pakistan, stay ahead of these legal risks by consulting with a firm that understands both local and international legal frameworks.You can contact us directly for a free one-time consultation at [email protected]
Final Thoughts: The Grandfather’s Legal Burden
In the end, being a grandfather in Pakistan is not just about storytelling and spoiling grandchildren. It can be a legally intricate and financially taxing role. Whether you’re grappling with custody battles, maintenance claims, or inheritance disputes, the courts have demonstrated a willingness to scrutinize a grandfather’s assets and capabilities closely. As the cases above show, it’s a role that comes with its fair share of responsibilities—some voluntary, others imposed by law.
So, if you’re a well-off grandfather, don’t be surprised if your loving embrace of a grandchild is soon followed by a court summons! Plan wisely, because in Pakistan’s legal system, being a grandfather is more than just a title—it’s an obligation.
Q & A What Being a Grandfather Can Cost You in Pakistan’s Family and Inheritance Legal Proceedings
(Some lighthearted Legal Insights by the Josh and Mak International Team)
1. Can I automatically get custody of my grandkids if my son dies?
No, Grandpapa. The law loves mothers. In Mst. Neelofar v. Muhammad Khan (2025 CLC 145, Peshawar High Court), the court said kids feel safest with their mothers, and a granddad, no matter how wise, doesn’t replace her.
2. If my son dies, am I legally bound to feed my grandkids?
If you’re rich, yes. If you’re broke, maybe not. In Hazrat Bilal v. Mst. Asmat Bibi (2024 CLC 1772, Peshawar High Court), a grandfather had to pay because he had land, money, and a big fat wallet. If you have none of those, you might escape.
3. Can my grandkids drag me to court for maintenance?
Absolutely! Courts love hungry kids. In Mst. Farida Bibi v. Judge Family Court (2024 MLD 145, Lahore High Court), the court made a grandfather pay up because the father wasn’t able to. Grandkids today are financially savvy—they’ll sue you.
4. What happens if I refuse to pay maintenance?
In Bashir Masih v. Suneela Nadeem (2024 CLC 863, Lahore High Court), the grandfather ignored court orders. Result? His defense was thrown out, and the judge wasn’t pleased. Want to lose in court? Ignore your legal bills.
5. My son died, his wife is suing me for money. Do I have to pay?
Only if the judge thinks you have money. In Almir v. Mst. Banglow Bibi (2023 YLR 2003, Peshawar High Court), the court ruled that a grandfather’s ability to pay must be assessed first. No money, no problem (hopefully).
6. Can my grandkids inherit my property if my son dies before me?
Yes! Shabana v. Public at Large (2023 MLD 1484, Quetta High Court) ruled that under Section 4 of the Muslim Family Laws Ordinance, 1961, your deceased son’s kids still get his share. Dead or alive, their claim on your wealth is secure.
7. But wasn’t Section 4 declared un-Islamic?
True, but it’s still in effect. 2023 CLC 355 (Lahore High Court) says until the Supreme Court finalizes the decision, your grandkids can still claim their inheritance. No escape yet, Grandpapa.
8. Can my grandson’s mother waive my grandkids’ right to maintenance?
Nope. A mother cannot sign away her child’s maintenance rights, per Mst. Farida Bibi v. Judge Family Court (2024 MLD 145, Lahore High Court). A kid’s stomach doesn’t care about “agreements.”
9. My son promised gold to his wife as dower. Can she sue me?
Yes, if you signed up for it. Mahnoor Shabbir v. Additional District Judge (2024 CLC 513, Lahore High Court) shows a grandfather was dragged in because he was part of the wedding deal. Signed up? Time to pay up.
10. My grandson’s wife is suing me for dower. Am I liable?
If you vouched for it, yes. Muhammad Muzamal Riaz v. Additional District Judge (2020 CLC 970, Lahore High Court) says if a grandfather stood surety for dower, he’s just as responsible as the groom.
11. My grandson is broke, and his wife is suing me. Can I fight it?
Maybe. Mst. Sadia Akbar v. Hammad Ali Khan (2024 MLD 1445, Lahore High Court) says if the father is broke, the grandfather has to pay—but if you’re also broke, you might be off the hook.
12. My son-in-law won’t support my grandkids. Do I owe them money?
No, maternal grandfathers are free! Only the paternal grandfather gets targeted (Hazrat Bilal v. Mst. Asmat Bibi, 2024 CLC 1772). Be thankful for small mercies.
13. My grandkids’ father is in jail. Do I have to pay?
Maybe. If their father can’t provide, Mst. Farida Bibi v. Judge Family Court (2024 MLD 145, Lahore High Court) says the grandfather gets the bill.
14. My grandkids live with their mother, who remarried. Am I still responsible?
Yes! In Bashir Ahmad v. Additional District Judge Hafizabad (2024 PLD 67, Supreme Court), the court said remarriage does not erase a child’s right to support.
15. My grandson wants to live with me. Can I claim custody?
Not easily. In Mst. Neelofar v. Muhammad Khan (2025 CLC 145, Peshawar High Court), the court ruled that uprooting a child from their mother isn’t good unless there’s a very strong reason.
16. My grandson is suing me for inheritance. Can I kick him out?
No. If your son passed away, Fazeelat Jan v. Sikandar (2003 PLD 475, Supreme Court) says the grandson still inherits. You can’t escape.
17. Can my son sign away his kids’ maintenance rights?
No! The law and religion don’t allow it, as seen in Mst. Farida Bibi v. Judge Family Court (2024 MLD 145, Lahore High Court).
18. Can my daughter-in-law sue me for child support?
Yes, if the father is unable to provide (Almir v. Mst. Banglow Bibi, 2023 YLR 2003). Courts don’t leave kids hungry.
19. My son died, and my grandson wants my house. Can he claim it?
Yes. Section 4 of the Muslim Family Laws Ordinance, 1961 lets grandkids inherit from their father’s share (2023 PLD 51, Quetta High Court).
20. My grandson is suing me for maintenance, but I have no money. What now?
The court will check your finances before forcing you to pay (2023 YLR 2003, Peshawar High Court). No money, no problem… hopefully.
If you’re an overseas Pakistani grandparent—or just a worried one—contact us at Josh and Mak International. We specialize in keeping grandfathers safe from sudden financial disasters.
Contact us today for strategic legal solutions before your grandkids’ lawyer does!
[email protected] +92-304-8734889
21. My grandkids’ father disappeared. Can their mother sue me for maintenance?
Yes! If the father is missing and the mother can’t afford to support them, you’re next in line. In Mst. Farida Bibi v. Judge Family Court (2024 MLD 145, Lahore High Court), the court confirmed that grandfathers step in when fathers vanish.
22. What if I live abroad? Do I still have to pay?
If you own property or assets in Pakistan, you might still be liable. Courts look at your financial status, as seen in Almir v. Mst. Banglow Bibi (2023 YLR 2003, Peshawar High Court). Living in Dubai won’t save you if you have land back home.
23. My grandkids live with their rich uncle. Do I still owe maintenance?
Yes! The law doesn’t care who else is willing to feed them. If the father is gone and you can afford it, you have to pay (Hazrat Bilal v. Mst. Asmat Bibi, 2024 CLC 1772).
24. Can the court order me to pay maintenance without asking if I can afford it?
It shouldn’t, but it happens. In Niaz Muhammad v. Bibi Khatima (2023 PLD 51, Quetta High Court), the court ruled that a grandfather cannot be forced to pay unless it’s proven he can afford it. If you get hit with an order, challenge it!
25. I refused to pay maintenance, and now the court has frozen my assets. Is that legal?
Yes, it can happen! If you don’t comply, courts can seize property, as seen in Bashir Masih v. Suneela Nadeem (2024 CLC 863, Lahore High Court). Want to keep your house? Don’t ignore court orders.
26. Can I be arrested for not paying my grandkids’ maintenance?
It depends. In Muhammad Muzamal Riaz v. Additional District Judge (2020 CLC 970, Lahore High Court), a grandfather was held accountable, but arrest only happens in extreme cases. Still, courts will make your life difficult if you ignore maintenance orders.
27. Can my grandson claim maintenance and inheritance at the same time?
Yes! Shabana v. Public at Large (2023 MLD 1484, Quetta High Court) confirms that inheritance and maintenance are two separate rights. You don’t get out of paying for their food just because they’ll inherit later.
28. My grandson turned 18. Do I still have to pay for him?
Not unless he’s disabled or studying full-time. Most courts stop maintenance at adulthood unless there’s a special reason. But be warned—some cases extend payments for university tuition.
29. Can my grandson’s mother make me pay for her maintenance too?
No, unless she’s your daughter-in-law and legally entitled (Mst. Farida Bibi v. Judge Family Court, 2024 MLD 145). Grandkids? Yes. Widowed daughter-in-law? Maybe. Her shopping bills? No.
30. My grandson sued me for maintenance, but he drives a better car than me! Can I fight this?
Absolutely! Courts will check financial conditions. In Almir v. Mst. Banglow Bibi (2023 YLR 2003, Peshawar High Court), a grandfather was let off the hook because he wasn’t as wealthy as his grandkids made it seem.
31. My grandson inherited money from his late father. Do I still have to pay?
It depends. If the inheritance is enough to support him, you might be off the hook (2023 YLR 2594, Lahore High Court). But if the kid blows it all on an iPhone, courts might still come after you.
32. My grandkids’ mother remarried and her new husband is rich. Am I off the hook?
No. Bashir Ahmad v. Additional District Judge Hafizabad (2024 PLD 67, Supreme Court) says remarriage of the mother does not erase a child’s right to maintenance from the paternal family.
33. My grandson’s father is in hiding because of a criminal case. Do I have to pay?
If the father is unavailable, courts might make you responsible (Mst. Farida Bibi v. Judge Family Court, 2024 MLD 145). If your son is dodging the police, his problems might become yours.
34. My grandson’s mother abandoned him. Can I claim custody?
Yes! If the mother disappears, the grandfather can apply for custody (2025 CLC 145, Peshawar High Court). But don’t expect the court to give you an easy win—you’ll have to prove it’s best for the child.
35. Can my grandson inherit from me even if I disinherit him?
If your son (his father) dies before you, he still gets a share under Section 4 of the Muslim Family Laws Ordinance, 1961 (2023 PLD 51, Quetta High Court). No loopholes, Grandpapa.
36. My grandson is trying to claim inheritance before I’m dead. Can he do that?
No! Courts don’t allow “early inheritance claims” unless it’s part of a trust (2023 YLR 2594, Lahore High Court). Tell him to wait.
37. My grandson’s father left Pakistan to avoid paying child support. Can the court still make me pay?
Yes. Courts don’t let children go hungry just because Dad is missing (2024 PLD 67, Supreme Court). If he fled, you might be next in line.
38. My grandson sued me for maintenance, but his mother is a millionaire. Can I fight it?
Yes! Courts will assess her finances too (2023 YLR 2003, Peshawar High Court). If she can pay, you might be off the hook.
39. Can my grandson demand my house as part of his inheritance?
Not while you’re alive. But the moment you die, your property is up for grabs (2023 PLD 51, Quetta High Court). Better write a will.
40. I never met my grandkids, but now they’re suing me for money. Is that legal?
Yes, unfortunately. You don’t need to be on hugging terms for legal obligations to exist (2024 CLC 1772, Peshawar High Court).
Pakistan’s family and inheritance laws can cost you big time if you’re not careful. Whether you live abroad or in Pakistan, your wallet is at risk when family disputes arise.
Josh and Mak International helps overseas clients protect their rights in Pakistani courts. Don’t wait until a court order lands in your lap—contact us today at [email protected]
Advice for Grandfathers:
✅ Want to keep your wealth? Plan ahead.
✅ Write a will.
✅ If your son is irresponsible, don’t let him mess up your finances.
✅ If you’re wealthy, expect lawsuits.
✅ And most importantly, consult a lawyer before your grandkids do!
41. My grandson was adopted by his mother’s new husband. Am I still liable for maintenance?
No! If the child is legally adopted, the adoptive father takes over financial responsibility. However, Pakistan does not officially recognize adoption the way Western countries do, so if it’s just an informal arrangement, you might still be on the hook (Hazrat Bilal v. Mst. Asmat Bibi, 2024 CLC 1772).
42. Can my grandkids claim inheritance from me while I’m alive?
No, but that doesn’t mean they won’t try! Under Pakistani law, inheritance only kicks in after your death (2023 PLD 51, Quetta High Court). However, if they’re clever, they might file a partition suit and cause you headaches while you’re still breathing.
43. My grandson’s mother has remarried a foreigner. Am I still responsible for maintenance?
Yes, you might be. Courts prioritize the child’s needs over who the mother marries (2024 PLD 67, Supreme Court). If the child lives in Pakistan, the courts will come after you first.
44. My grandkids live in the UK but are suing me in Pakistan for maintenance. Can they do that?
Yes! If you have assets in Pakistan, the courts can force you to pay up (2023 YLR 2003, Peshawar High Court). If they are British citizens, consult an international family law expert immediately.
45. My grandson’s father has no job, so my grandson is suing me. Can I make my son work instead?
No, but wouldn’t that be nice? Courts won’t force your son to get a job (Bashir Ahmad v. Additional District Judge Hafizabad, 2024 PLD 67), but they will come after you if you have money.
46. My grandkids’ father is a criminal and disappeared. Am I now responsible for their finances?
Most likely, yes. Courts don’t leave kids without financial support (Mst. Farida Bibi v. Judge Family Court, 2024 MLD 145). If their father is gone, courts look to you.
47. My grandson inherited money but still wants maintenance. Do I have to pay?
Only if the inheritance is not enough to cover their needs. Courts will check if the amount is reasonable (2023 YLR 2594, Lahore High Court). If they squander the inheritance, it’s not your problem.
48. My son left a massive debt before he died. Am I responsible?
No! Inheritance includes assets, not liabilities (2023 PLD 51, Quetta High Court). Your grandkids can inherit his estate, but they can’t pass his debts onto you.
49. My grandson forged my signature to claim inheritance. What can I do?
File a fraud case immediately! This is criminal, and courts take forgery seriously (2007 MLD 1089, Lahore High Court). If you ignore it, you might lose your property.
50. Can I put my property in someone else’s name to avoid inheritance issues?
Yes, but be careful. Courts may still investigate if they believe you’re hiding assets (2020 CLC 970, Lahore High Court). Get proper legal advice before making any moves.
Being a grandfather in Pakistan is expensive—especially if your son is absent, broke, or irresponsible. Here’s your survival guide:
✅ Plan your estate wisely.
✅ Keep your assets secure.
✅ Never ignore court notices.
✅ If you’re wealthy, expect family disputes.
✅ Consult a lawyer before your grandkids do!
Overseas Pakistanis: Need legal protection against inheritance claims or family court cases? Josh and Mak International specializes in helping expats protect their assets in Pakistan.
Contact us today before your grandkids’ lawyer does! +92-304-873-4889 [email protected]
At Josh and Mak International, we approach the law with the gravitas it deserves, understanding that every legal matter carries profound personal and ethical weight. Guided by principles of justice, fairness, and unwavering integrity, we see our role as more than advocates—we are stewards of our clients’ rights and aspirations. Our work is shaped by a commitment to excellence, meticulous attention to detail, and a deep respect for the dignity inherent in every legal challenge. With a steadfast focus on achieving equitable outcomes, we bring clarity to complexity and champion your cause with the insight and care it merits. Let us stand as your devoted partners in the pursuit of justice and peace.
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