The inheritance law in Pakistan is aligned with the Islamic religion. Property distribution law in Pakistan has significant importance for every citizen of Pakistan. The regulations for inheritance in Islamic law can be distinctive in accordance with departed religious beliefs.
Pakistan inheritance laws are governed by Islamic Shariah as follows:
- Muslim Family Laws Ordinance 1961
- West Pakistan Muslim Personal Law Shariat Application Act 1962
These inheritance laws apply to everyone in the country in the presence of the Succession Act 1925.
Types of Property for Inheritance Law in Pakistan
Their process for distributing the properties is valid for two properties in Pakistan.
- Movable Properties: The movable assets include stock, vehicles, gold, and cash.
- Immovable Properties: The immovable assets are real estate properties like land and buildings.
Muslim Inheritance Law in Pakistan
Islamic law has no recognition for the intestacy concept under Shariah. Property is always inherited from blood relatives with the legal rights of inheritance from ancestors. The shares of blood relatives in inheritance depend upon their sector in Islam.
Information About Inheritance Law
- You must have basic knowledge about the inheritance law for property with all important factors.
- The legal heirs are allowed for property distribution after paying the mortgages or loans.
- The sons get twice the daughters’ shares, a complex formula due to the culture and religion.
- The distribution of property varies based on each Islamic sector. The distribution is always based on the intestate succession.
- Property distribution depends upon the total number of relatives, including siblings and children.
- There is no value for the last will in the property distribution. Demanding more than one-third of the property will create challenges for every heir.
- Nobody can challenge a property in Pakistan gifted to anyone by the property donors in their lifetimes.
- If an heir dies after getting his share, that property will be shared with his first bloodline relatives.
- The female heirs get half of the property compared to the male heirs. Wives get 1/8 share of their husband’s property.
- The property will be inherited by the heirs automatically after the death of their ancestors.
Similar Female Shares in Shariah and Sunni Inheritance Laws
- The wife will get 1/4 share if she has no child or child of her son.
- Mother will get 1/3 share on having no child or child of her son; otherwise, she gets 1/6 share in property.
- A daughter will get 1/2 share as compared to a son.
- The daughters will get 2/3 of the share if they are two or more.
Mother Property Distribution and Shariah Act
The property inheritance law in Pakistan also describes that mothers also get an unequal share, and they give their properties to the first bloodline males. This usually happens in rural areas where women need to learn about their legal rights in property distribution.
The distribution of property between women and men always follows the Pakistan Penal Code. Anyone who forces a woman to grab her property will get a 5-10-year punishment with a fine of one million rupees under Section 498A.
Shariat Act reveals that Personal Muslim Law will guide each Muslim family.
Succession Act 1925 and its Application
Succession law, also known as inheritance law in Pakistan, ensures the lawful distribution of people after death. It reveals the inheritance of property. Succession Act 1925 governs the succession law for inheriting non-Muslims and Muslims.
This Act also outlines the inheritance order with the rights of property distribution. Property distribution is based on Shariah for Muslims. It also provides the outline for the distribution of non-Muslims’ properties under their religion and law.
Succession Act 1925 for inheritance law in Pakistan also urges the court to give orders on the distribution of property of a dead person.
In January 2021, NADRA provided a 5 steps procedure to enable the applicants to get the Succession Certificate or Letter of Administration without visiting the court. Therefore, you can easily get the important documents from NADRA efficiently.
Inheritance Transfer of Property in Pakistan
The legal heirs must sign a formal application after deciding on a share in the local court. They must bring their CNIC and the deceased property owner’s death certificate. A date will be finalized by the court to order the distribution of property.
How do you transfer property after the death of a parent in Pakistan? You need to submit your parent’s death certificate to the court. The bank statements, CNIC, and death certificate must be forwarded after completing a formal application.
The court will verify all submitted documents and give full access to the heirs.
Required Documents
- Departed’s CNIC
- Inheritors’ CNIC
- Heirs’ statements
- Death certificate by the municipality
- Local graveyard receipt
- An independent witness
- Legal notices and public advertisement
- Registry for the immovable property
These documents are necessary to transfer property with the presence of a Wirasatnama. You also remember the zakat on property and tax on property in Pakistan when proceeding with the property inheritance.
Court Fees for Property Distribution in Pakistan
The courts charge up to 7% for transferring properties in Pakistan.
Quranic Ayat on Distribution of Property
The Holy Quran also provides guidelines for property distribution. Verses 11 and 12 of Surah Nissa describe the details of property distribution. Therefore, you can easily get the comprehensive knowledge about the property inheritance.
Can Son Claim Father’s Property When Father is Alive in Pakistan?
A son can not claim his parent’s property during his life because inheritance law in Pakistan does not allow him. Therefore, a son doesn’t go against his father to acquire his share of the inherited property.
Final Words
Father’s death is a fundamental standard for the distribution of property in Pakistan. Therefore, you must study Shariah to know your share in the inherited property. You must improve your Islamic knowledge about Pakistan’s property distribution and inheritance law.
What is the New Inheritance Law in Pakistan?
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