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property inheritance laws in Pakistan

Laws of Property Inheritance in Pakistan

Laws and government regulations regarding property inheritance are guided by the Shariah law as Pakistan is a predominantly Muslim country. However, due to different Islamic sects and sub-sects, there is a lot of confusion that make property inheritance a sensitive matter. According to Islam, the legal heirs of a property are defined as blood relatives in the event of a family member’s death.

The laws of property inheritance are outlined according to Islam in the constitution which is why, in the absence of a dedicated inheritance code, the courts apply traditional Islamic rules, accommodating diverse practices of various Muslim sects. This blog post will discuss the important details regarding inheritance laws in Pakistan that people should be made aware of to avoid any confusion and/or loss.

Laws Governing Property Inheritance In Pakistan

According to Muslim Inheritance Law, Islam does not recognise the concept of intestacy. Typically, the primary or first-in-priority inheritor is a direct family member such as their son or daughter. If the deceased does not have children, their siblings (and even cousins) become eligible. The higher authorities of Pakistan that are in charge of laws and regulations as well as maintenance have designed two laws that are in direct alignment with the Sharia Law:

  • Muslim Family Law Ordinance, 1961
  • The West Pakistan Muslim Personal Law, 1962

Both of these property inheritance laws are necessary to keep the transfer of property as smooth of a process as possible.

What Are the Required Documents for Property Inheritance Laws in Pakistan 2023?

Key legal aspects of property inheritance

In Pakistan, the document that contains all the information and is an absolute necessity for heirs to claim is known as Wirasatnama. It is a document that is often issued by the local courts of the areas. This is to ensure that the whole process of property transfer is made public to avoid errors and issues.

Some of the most common documents that are required are as follows:

  • NIC of the Departed or Deceased
  • NIC of the Inheritors
  • Statement of the Heirs
  • Official Death Certificate by the Authorities
  • Official Receipt by the Local Graveyard
  • An Independent Witness to the Situation
  • Legal Issued Notice and Public Advertisement Regarding the Deceased (Time of Death or Funeral Details)
  • Mutation or Registry of Immovable Property

What Is Property Inheritance Law in Pakistan?

There are some things that are important to understand in the context of property inheritance law in Pakistan.

  • In Pakistan, there is no such thing as an inheritance tax. It means that the property holders do not have to pay for any withholding of property
  • The last domicile of the deceased plays a very crucial role in signifying the division of the inherited property
  • If there is a part of the property that the deceased has gifted to someone, no one can claim that property after the death of the person who commenced the property transfer
  • Any legal heir will only be eligible for property usage when all the debts of the deceased have been settled
  • In case the legal heir passes before the distribution of the property then the property will be divided among the other people equally
  • Make sure to hire a competent lawyer to commence the whole process of property transfer in Pakistan

Inheritance Rights Of Women Regarding Property In Pakistan

Regrettably, many women in Pakistan often end up not getting a fair share of their late father or husband’s property, with it going to other male relatives. This tends to happen a lot in rural areas because there’s not enough awareness about the legal property rights of women in Pakistan.

Provision Of Section 498A Of The Pakistan Penal Code

According to the Pakistan Penal Code’s section 498A, if any individual forces a woman to give up her right to rightful share of property, that individual is punishable under the law. The punishment is 5 to 10 years imprisonment or a fine of 10 lakh rupees. Also, the court can impose both penalties i.e., the fine and imprisonment.

Distribution Of Inheritance For Women In Sharia And Sunni 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, the mother will get 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.

The Law Of Succession 1925

Islamic inheritance rules for real estate
  • 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, the mother will get 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.

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