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Inheritance Law in Pakistan A Complete Guidebook

Dec 18,2021

The property inheritance law in Pakistan directly coincides with the religious mindset and thus holds great importance for all the general masses. These types of documents, regardless of how important they are, always successfully initiate confusion because they are not properly documented to the wider audience.

But one thing that is highlighted in the inheritance law in Pakistan is that all individuals who have a sound mind are able or entitled to inherit property that is either moveable or immovable.

What is Muslim Inheritance Law in Pakistan?

So according to the Muslim inheritance law that is in works in Pakistan, blood relatives are the legal and only heirs to any sort of property that is left to them by their ancestors. All the blood relatives that are direct descendants can receive their share once the owner of the property has died.

But the value of these shares or assets fluctuates with each sect or sub-sect.

Property Distribution Law in Pakistan

As Pakistan is the Islamic Republic of Pakistan that is why we tend to follow Shariah Law for the sake of transfer of property after death of father in Pakistan. For the proper and smooth property transfer procedure in Pakistan the following two laws are used.

  • Muslim family law ordinance. 1961

  • The West Pakistan Muslim Personal Law, 1962

Types of Property for Inheritance Law in Pakistan

The procedure of property distribution in Pakistan commences with two types of properties.

  • Movable Assets

The assets that include cash, gold, vehicles, and stock are the type of property that is considered to be movable assets.

  • Immovable Assets

Real estate, land, buildings, or types of property that are not privy to transfer are known as immovable assets.

Required Documents

The law of property distribution in Pakistan requires certain documents from the legal claimants or the heirs. Wirasatnama is one such document that is oftentimes issued by the local court to make sure that these situations are handled in a formal demeanour.

Some of the documents that are required are as follows:

  • National identity card of the deceased

  • National identity cards of the heirs

  • Statement of heirs

  • Death certificate issued by the municipality

  • Receipt issued by the local graveyard

  • An independent witness

  • Public advertisement and issued legal notices

  • Mutation or registry of immovable property

Update Your Information About Inheritance Law in Pakistan

It is important and pretty much the need of the hour for the general masses to have a profound understanding of basic information about what is inheritance property law in Pakistan and what are some primary factors that should be mainstream.

After paying off all the loans, mortgages, or other sorts of financial balances the legal heir is allowed to distribute the inherited property or do anything financial with it.

Most sons or the male in the direct bloodline is eligible to receive twice the amount of shares as compared to the daughters. But because of several sectors and religious affinities, this is not a concrete formula for inheritance distribution. This type of division of inherited property in Pakistan also extends to the number of offspring the deceased had in his life along with the direct blood lineage such as all the brothers, sisters, mother, father, and other relatives in the closed heritage group.

An interesting aspect of the law of property distribution in Pakistan is that there is no room for last will in succession. Thus any will that has one-third of the property exceeding mentioned in it has the room that it is worthy of a challenge in court in Pakistan if the legal heirs didn’t have any say in the will regarding property distribution.

If a native has a property in Pakistan and has given it to someone as a gift during his or her lifetime, then no one can challenge that property even after the donor’s death.

If a legal heir was alive at the time of property distribution or division but passed away after acquiring his or her part in the property then that chunk or property will now belong to the direct heirs of that first heir.

In order to avoid any confusion or to beat complications, legal advice and on-time legal consultation are properly advertised and are often stressed about. Otherwise, the wife or the children as well as the siblings will gather in the court fighting over their rights with another and that is something that no one wishes for their family.

The mother property distribution in Pakistan is often neglected because women tend to pass on their fair share of property that they have received to the males in the family. This instance is highly recorded in the laid-back areas of Pakistan such as rural ones where the information regarding legal property rights of women in Pakistan.

If we were to enlighten you properly regarding the rights of women for division of property in Pakistan, the section 498A of the Pakistan Penal Code states that if anyone is ever suspected of forcing or is proved to be or found to be forcing a woman to give up or surrender her rightful share in the property at the time or after the succession will be held accountable or shall be punished with the imprisonment for either description for a term that may extend to a time period of ten years but will not be less than five years or with a fine of one million rupees or both depending upon the context of severity.

Court Fees for Pakistan Law for Property Distribution

Courts that are eligible for handling the procedure of transfer of property in Pakistan, charge almost 7% for the whole case. They may also charge an amount of 25,000 rupees only but no more than this.

The Inheritance Transfer of Property in Pakistan

After the decision regarding who will get the shares or how much the legal heirs are required to sign up for a formal application in the local court alongside their CNIC and the death certificate of the deceased.

The court then commences a verification process which has to be attended by all the claimed and or legal heirs. The next step is that a new ad regarding the property is then sent out in the local print media so that if one else is opting to claim the property, they are encouraged to make an appearance.

After sorting the whole deal, the court then allows the normal property distribution to the rightful heirs.

Islamic Surah on Distribution of Inheritance

For all of those who are wondering about the Islamic guideline regarding the inheritance law or the one that is in practice in Pakistan, Surah Nissa’s Ayat numbers 11 and 12 directly explains the deliberate way of Islam's stance on the whole property division agenda. This is a direct route to the proper and righteous division of property.

Conclusion

Property division is a matter that should be handled in a professional manner. That is why never ever misunderstand the power of legal consultation and update your knowledge spectrum about inheritance law in Pakistan.

Moreover, if you are facing issues because of disputed property and don’t have an idea what to do? Make sure you take help from reliable, professional and registered companies, such as Arkaa Consultants. We are here to help you in every manner!

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