The Muslim Laws of Inheritance in Pakistan

According to the Pakistan inheritance laws, all citizens are entitled to inherit the movable and immovable property of the deceased relative. The provisions of property inheritance laws in Pakistan vary with religious kinships. The Muslim inheritance law in Pakistan defines legal heirs are blood relatives who are eligible to receive a share in a property after the owner’s death. The value of these shares differs with each sect and sub-sects.

LAWS GUARANTEEING INHERITANCE RIGHTS IN PAKISTAN

Pakistan follows the Sharia rule for the division of property. There are two main laws that protect the rights of inheritance in the country:

1- The Constitution of Pakistan, 1973;

2- Muslim Family Law Ordinance, 1961;

3- The West Pakistan Muslim Personal Law, 1962

PLACE OF RESIDENCE

The property inheritance laws in Pakistan dictate that the judiciary handling inheritance issues must depend on the last residency of the deceased. The Civil Court of the district where the deceased resided or the High Court generally decides such succession cases in Pakistan. According to the Muslim inheritance laws, Muslims residing outside the country can get their Sharia share from the deceased relative. The respective national and personal laws may apply to the estate of non-Muslims domiciled outside of Pakistan. Islamic property inheritance laws will be applied to the estate of Muslim citizens even if they were domiciled in a foreign country.

TYPES OF PROPERTY

1- Movable property

cash, gold, vehicles, and stock among other items.

 2- Immovable property includes real estate.

 REQUIRED DOCUMENTS

 To receive their share in a property following a person’s death, the legal heirs need an inheritance certificate to complete the transfer of property ownership. The inheritance Certificate of the court is also known as wirasatnama.

 The following documents are required to obtain an inheritance certificate in Pakistan.

1- National identity card of the deceased

2- National identity cards of the heirs

3- Family Registration Certificate of NADRA

4- Statement of heirs

5- Death certificate issued by the Union Council

6- Receipt issued by the local graveyard

7- An independent witness

8- Public advertisement and issued legal notices

9- Entitlement/Mutation/Registry of immovable property

INHERITANCE FEE & TAX IN PAKISTAN

The transfer fee is applicable on regular basis and there is no inheritance tax in Pakistan.

Legal heirs can only distribute the assets once the loans, mortgages, and other balances of the deceased have been properly settled. In Islam, sons receive twice the share received by daughters. However, this formula is not constant as the distribution of wealth depends on religious affinities and other conditions. These include the total number of children the deceased had along with their genders as well as the number of brothers, sisters, mother, father, and other blood relatives.

 Will in Islam

There is no concept of last will in succession laws in Pakistan and any will exceeding 1/3rd of the total property can be challenged in court if it was executed without the consent of all legal heirs.

 Gift in Islam

A person can gift their personal property to anyone during their lifetime and no one can challenge this following the donor’s death. As per the property inheritance laws, if an heir was alive at the property owner’s death but passed away before the distribution, their share in the inheritance will be passed on to their heirs. For more complicated cases, it is advised to contact Rabia Saghar Advocate High Court to resolve the succession issue in a timely manner.

Mostly, women in Pakistan end up giving away their fair share of their deceased father or husband’s property to other male relatives. This is a common occurrence in rural areas owing to a lack of information about the legal property rights of women in Pakistan. According to Section 498A of the Pakistan Penal Code, anyone who forces a woman to surrender her rightful share at the time of succession ‘shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.’

Rabia Saghar Advocate High Court & Federal Shariat Court, is a leading lawyer based in Islamabad.

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