Inheritance provisions in Pakistan are intricately tied to religious affiliations, with different laws governing the distribution of assets for Muslims, Christians, and Hindus. Understanding these provisions is essential to ensure the rightful distribution of assets per legal requirements. Let us take you through the right path according to the law of inheritance and learn what is Islamic law of inheritance in Pakistan!
Sect-Based Distribution
In the Muslim inheritance law in Pakistan, the determination of heirs and the distributions of their shares are influenced by their specific sects and sub-sects, such as Cutchi Memon, Khoja, Sunni, or Shia. The jurisdiction for these matters is based on the domicile of the deceased individual.
Jurisdiction and Competent Judges
Judges responsible for addressing property and inheritance matters are typically those situated in the last known domicile of the deceased individual. In cases where the domicile is in question or not known, jurisdiction is determined based on the location of the property. In Pakistan, property-related inheritance disputes are typically handled by the Civil District Court or the High Court.
Application of National Laws
National laws may be applicable to non-Muslims residing outside of Pakistan. If a deceased foreigner, who is not a Muslim, is subject to national laws that dictate the applicable inheritance law based on their domicile or the location of their property, then the laws of that specific country will be enforced in Pakistan.
In practical terms, Pakistani courts would normally distribute assets in line with the inheritance laws of the deceased person’s home country if a Hindu or Christian citizen with assets in Pakistan died while living abroad.
Muslim Law Compliance
Muslims, whether residing within or outside Pakistan, are obligated to adhere to Muslim Law. Regardless of the deceased’s place of residence or nationality, Pakistani courts are required to exclusively follow Muslim inheritance law when handling cases involving the succession to a Muslim individual’s estate.
Even if a Muslim citizen of Pakistan passes away while living abroad, the laws of their foreign domicile cannot govern the distribution of their estate in Pakistan. The Muslim Law of inheritance in Pakistan is guided by the following principles:
Key Features of Muslim Inheritance Law
- In Muslim inheritance law, the concept of a will deed in Pakistan does not exist. All shares of the estate are distributed among legal heirs through intestate succession.
- The allocation of inheritance shares depends on the proximity of the relationship between the legal heirs and the deceased. The distribution varies depending on factors such as the number of children, siblings, parents, and other relatives of the deceased. It is a case-by-case determination.
- Typically, a man’s share of the inheritance is double that of a woman’s share. Any gifts given to a woman are considered her personal property, and her husband has no legal claim to it, even after marriage. Upon marriage, she is entitled to receive a marriage gift known as “Mehr,” which becomes her property.
- Muslim heirs hold an absolute interest in specific shares of the ancestor’s estate, even before distribution. The timing of distribution is not significant. The succession process begins at the moment of the ancestor’s death. In cases of ‘vested inheritance,’ if an heir dies before distribution but was alive at the ancestor’s death, the share of their vested inheritance passes on to their heirs.
- Muslim individuals can donate their property during their lifetime. A Pakistani Muslim has the liberty to gift personal property before death. Following the donor’s death, no one, including legitimate heirs, can contest or challenge this decision.
Legal Assistance from Zahid Law Associates
At Zahid Law Associates, we offer comprehensive legal assistance for matters related to inheritance provisions in Pakistan. Mr. Zahid Akhtar Advocate and his capable team of experienced succession lawyers provides personalized guidance and representation to ensure the lawful distribution of assets according to relevant legal frameworks. Whether you require assistance with estate planning, succession disputes, online Nikah, or obtaining a NADRA marriage certificate, we are here to help. Just click on contact us or Whatsapp now!