When it comes to inheriting property in Pakistan, the rules depend on religion. However, confusion often arises due to the varying provisions of different sects and sub-sects. In the context of Muslim law of inheritance in Pakistan, legal heirs are defined as blood relatives entitled to a share in the deceased's property.
As a predominantly Muslim nation with Islamic law governing the legal framework, Pakistan follows the Islamic inheritance laws outlined in the constitution. In the absence of a dedicated inheritance code, the courts apply traditional Islamic rules, accommodating the diverse practices of various Muslim sects. This blog post will discuss the important details you should know about the inheritance laws in Pakistan for guidance and clarity.
Laws Governing Property Inheritance in Pakistan
In Pakistan, the Sharia law is followed for distributing property. The following are the two laws that are adhered to as the inheritance laws in Pakistan:
1- Muslim Family Law Ordinance, 1961
2- The West Pakistan Muslim Personal Law, 1962
Who is Eligible for Property Inheritance in Pakistan?
In Pakistan, there are clear laws governing property inheritance. Typically, the primary or first-in-priority inheritor is a direct family member such as a son or daughter. If the deceased didn't have children, their siblings step in, and even cousins can be eligible.
If you're uncertain about the rightful inheritor, consulting with a lawyer is the right move. They can provide precise details on the applicable laws and guide you through the necessary steps to ensure the property goes to the rightful owner.
Types of Property that Can be Inherited
There are two main kinds of property or assets that can be distributed among the eligible inheritors. One is immovable property and the other is movable property.
Movable Property
As the name suggests, the movable property includes things that can be moved from one place to another. For example, vehicles, gold, cash, stocks, etc are assets that can be moved.
Immovable Property
Things like land, property, and real estate fall in the category of immovable property. Such assets are not easy to transfer.
Direct and Indirect Inheritance
Another important thing you should know is the two types of inheritance i.e., direct and indirect inheritance.
Direct inheritance is when a person’s estate is passed on to the descendants, without the involvement of an entity, such as a trust.
Whereas, indirect inheritance occurs when the owner’s estate is passed on to a third party, such as a trust or charity - which is responsible for transferring inheritance to the inheritors.
Clearing Debts and Funeral Expenses First
Prioritize Payment of Funeral Expenses
In the Islamic law for property distribution in Pakistan, the topmost priority is settling the funeral expenses of the deceased using their wealth before distributing it among heirs. Funeral costs cover various aspects, including cultural duties like providing food for those attending the burial. Scholars unanimously agree that necessary activities to be covered include washing, shrouding, and burying the deceased.
Clear the Debt Before Anything Else
Prior to dividing the deceased person's assets, it is crucial to settle all their debts. This encompasses the dower amount (Haq Meher) of the deceased’s wife. It's essential to clear any outstanding dower amount from the time of marriage. Distributing the wealth before settling all debts and obligations is against the law and must be avoided by the rightful heirs.
Essential Documents for the Property Inheritance Process
To claim their inheritance following the property owner's passing, legal heirs need an inheritance certificate. This certificate is commonly referred to locally as ‘wirasatnama’. Wirasatnama is issued by the court. Below is a list of essential documents needed for the property inheritance process in Pakistan:
- National identity card of departed
- National identity cards of inheritors
- 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
Domicile of the Deceased
When it comes to distributing property, where the inheritor lives really matters. In Pakistan, the rules say that the court should look at where the person who passed away was living, to make sure the property gets divided fairly. If there's confusion about where they lived or that information is unavailable, the court checks where the property is.
For properties in Pakistan, it's the Civil District Court or the High Court that handles these kinds of cases. It's worth noting that a person's nationality or current residence matters. Pakistani Muslims living abroad must adhere to inheritance laws in Pakistan when distributing their property.
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 lac 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
To inherit property after someone passes away, the country's laws are followed. In Pakistan, the Succession Act of 1925 and a provincial law called the Letters of Administration and Succession Certificates Act of 2020 are used.
The Letters of Administration and Succession Certificates Act is there to give out certificates for inheritance quickly. It sets up a unit in NADRA offices to handle applications and keep records online.
When applying for letters of administration, the death certificate of the deceased, a list of legal heirs with their ID cards, authorization from the heirs, and details of the property are required. If there are no objections, NADRA issues the certificates. If there are objections, the matter goes to the District Judge or High Court.
The same goes for probate and succession certificates. The Court checks everything, calls for evidence, and, if satisfied, issues the certificates. District Judges can also handle applications for succession certificates. They check details like the time of death, residence, family, and debts. After a hearing, they issue the succession certificate.
Essential Points to Keep in Mind About Inheritance in Pakistan
- Know Your Inheritance Laws: Everyone should understand the basic rules of inheritance in Pakistan.
- Gender Doesn't Determine Shares: Sons getting more than daughters is a common belief, but it varies.
- Follow Religious Laws: Different sects have their rules for inheritance in the Muslim community.
- Blood Relations Matter: The number of kids, siblings, and relatives determines how property gets shared.
- No Last Will Influence: Intentions beyond one-third of the property can be challenged if legal heirs are not involved.
- Gifted Property Stays Secure: If a property was gifted before the donor's death, it's safe from challenges.
- Afterlife Property Transfer: If an heir dies after getting their share, it goes to their kids.
- Heirs Get Priority: Heirs have rights even before property distribution, and if one dies, their share goes to their heirs.
Now that we have covered inheritance laws in Pakistan from different angles, let us answer some of the most asked questions about the topic of inheritance.
FAQs
Is there an inheritance tax in Pakistan?
In Pakistan, there is no inheritance tax levied on anyone.
What are the court fees for property distribution in Pakistan?
The courts authorized to manage property transfers in Pakistan typically levy a fee of around 7% for the entire process.
Is there any Quranic Ayat on Inheritance distribution?
Yes, the Quran contains specific Ayat (verses) regarding the distribution of inheritance. One such important Ayat can be found in Surah An-Nisa (4:11-12). The verses provide guidance on how the inheritance should be distributed among heirs. Here is the translation:
"Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two-thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one-third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise."
This Ayat outlines the inheritance shares for various family members, emphasizing fairness and justice in the distribution.
How to make an inheritance claim in Pakistan?
To assert your right to inheritance in Pakistan, you need to send a written request to the local authorities. This involves presenting documents that establish your connection to the deceased and evidence confirming your ownership claim to the property.
