Apr 10,2023
The inheritance law in Pakistan is directly in line with religion because of the Islamic Republic State. It holds great importance to all citizens. However, these laws often need clarification because they need to be adequately documented for the public.
Regarding inheritance, the rules and regulations may differ depending on the deceased’s religious beliefs.
For Muslims, for example, inheritance is governed by Islamic Shariah as outlined in the following:
These laws serve to consolidate and amend the various Muslim laws surrounding inheritance. Succession Act 1925 is also one of them.
The procedure of property distribution in Pakistan commences with two types of properties.
The assets that include cash, gold, vehicles, and stock are the type of property considered to be movable assets.
Real estate, land, buildings, or property types that are not private or easy to transfer are immovable assets.
According to Muslim Inheritance Law (Shari’ah), Islamic law does not recognize the concept of intestacy. Blood relatives are the legal and only heirs to any property 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.
When determining who the heirs are and what their respective shares will be? This depends on which sector or sub-sect of Islam they belong to, such as Memon, Khoja, Sunni, or Shia.
If there is no child or child of a son, the wife or wives gets 1/4 of the share; otherwise, she gets 1/8 of the property.
If there is no child or child of a son, the mother gets 1/3; otherwise, 1/6.
A daughter gets half the share of the son.
Without a son, the daughter gets 1/2 of the inheritance. If there is more than one daughter, they collectively get 2/3 of the share.
The distribution of the property of mothers in Pakistan is often unequal because they often give their share of the property to the males in their families. This is particularly valid in rustic places, where women need more access to information about their legal rights.
The Pakistan Penal Code governs the division of property rights between men and women in Pakistan. Section 498A of the Code states that anyone who forces a woman to give up her rightful share of the property will be punished with imprisonment.
For either description for a term that may extend to 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.
In case of any complication, consult an expert lawyer and resolve the matter professionally. Otherwise, wife or children and siblings will gather in court, fighting over their rights with one another, which no one wishes for their family.
The Shariat Act presents that during a case wherein each family is Muslim, the guideline of thumb for choice will be Personal Muslim Law.
Succession law, also known as inheritance law, is the body of law that governs the distribution of a person's property after their death.
It determines who is entitled to inherit the deceased person's assets and how they will be distributed among the heirs.
In Pakistan, succession law is primarily governed by the Succession Act 1925, which outlines the inheritance rules for Muslims and non-Muslims.
The Act provides guidance on the distribution of property among heirs, the order of inheritance, and the rights and responsibilities of heirs.
For Muslims, property distribution is based on Islamic law principles, Shariah as discussed above.
The Act outlines the order of precedence for heirs, prioritizing the closest family members over more distant relatives.
The Act also provides for distributing the deceased's property among heirs based on their respective shares under Islamic law.
For non-Muslims, the Succession Act provides for the distribution of property according to their laws, which may be based on their religion or cultural background.
The Act also provides for the appointment of an executor or court to manage the deceased's estate and distribute the assets among the heirs.
NADRA introduced a streamlined five-step process in January 2021, enabling applicants to obtain Letters of Administration or Succession Certificates without the need to go through the traditional court route.
This quick and efficient process simplifies the procedure and allows applicants to receive the necessary legal documents through NADRA directly.
After deciding who will get the shares or how much, the legal heirs must sign up for a formal application in the local court alongside their CNIC and the deceased’s death certificate.
Once the legally qualified heirs are known, a court date is arranged to finalize the matter.
If a formal application is completed, documentation (death certificate, CNIC, and bank statements) has been submitted.
And all the claimed heirs are in court to sign their names, CNICs and bank statements. The court will then issue an order allowing them full access to the property.
The property transfer procedure in Pakistan requires certain documents from the legal claimants or the heirs. Wirasatnama is one such document often issued by the local court to ensure that these situations are handled formally.
Tax on property in Pakistan and zakat on the property should also be kept in mind to fulfill all duties of a wise citizen.
Some of the documents that are required are as follows:
Courts that are eligible to handle the property transfer procedure in Pakistan charge almost 7% for the whole case.
For all those wondering about Islamic guidelines regarding the inheritance law or one in Pakistan.
Surah Nissa’s Ayat numbers 11 and 12 directly explain 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.
The distribution of property after the father's death has been standard since humanity’s evolution. It is wise to read about Shariat and its laws without falling into the wrong ways or killing the right of anyone.
This blog fulfills all the knowledge required regarding property distribution law in Pakistan. Therefore, always understand the power of legal advice and level up your religious knowledge about inheritance law in Pakistan.
