Property is something that is owned through the life savings of a man. And once that man passes away, the property is to be passed down to the successors. But how is it passed down? Who gets what share? This often becomes a dispute and a source of confusion. This is the leading cause of many inheritance disputes among families, which consumes years of legal battles.
In Pakistan, the process of inheriting a property is governed by certain laws which describes necessary terms and conditions. This article will take you through the property inheritance laws of Pakistan and provide a general understanding of the legal framework for how a property is passed down to its heirs.
The Legal Framework For Property Inheritance
In Pakistan, there is no single law that applies to everyone for the inheritance of property. Since Pakistan is a country with multiple religions, the succession of property is mainly governed by a set of property inheritance laws where, for every religion, a specific law exists.
Property Inheritance Laws for Muslims
For Muslims, two main laws are implemented in Pakistan, which are purely based on Islamic Shariah, which gives Islamic Shariah a legal status in property succession. It binds the courts to give decisions and rulings in accordance with Islamic Shariah instead of giving orders according to families’ will or local customs.
These laws are:
- Muslim Family Laws Ordinance, 1961
- West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
Property Inheritance Laws for Non-Muslims
Non-Muslim communities, including Christians, Hindus, and Parsis, follow their own personal laws. There are two main laws for the non-Muslim community, which are:
- Succession Act, 1925 for Christians and Parsis
- Hindu Succession Act, 1956 for Hindus
Share Distribution among Muslims
In Islam, the property is distributed according to the shares defined in the Shariah and takes effect automatically the moment a person dies. The blood relatives who are eligible according to Islamic Law get a claim once the debts and funeral expenses have been settled from the property of the deceased.
Surah An-Nisa of the Holy Quran lays out fixed shares for specific categories of heirs:
- Sons and daughters: Sons typically receive twice the share of daughters.
- Spouses: A widow receives one-eighth of the estate if there are children, or one-fourth if there are none. A widower's share is one-fourth with children, or one-half without.
- Parents: A mother generally receives one-third if there are no children; the remainder typically passes to the father, with adjustments depending on other surviving relatives.
- Grandchildren: A notable reform under the 1961 Ordinance allows children of a predeceased son or daughter to inherit their parent's share, correcting a gap that could otherwise leave orphaned grandchildren with nothing.
Will In Inheritance Laws
A person can also write a will, but Islamic rules do not give full freedom, as the person can decide about only one-third of their property. Any portion greater than that can be given to non-heirs only through the consent of the legal heirs. This ensures that close family members cannot be entirely disinherited by a will alone.
The Property Inheritance Procedure In Pakistan
The heirs who want to claim property have to go through a process that usually starts with obtaining a death certificate, followed by either a succession certificate (for movable and immovable property, governed by the Succession Act, 1925) or a legal heir certificate (used for benefits like provident funds and gratuity). This required visiting civil courts, a process that could take anywhere from two to seven years.
In 2021, NADRA introduced a digital process through its Succession Facilitation Units, which allows applicants to obtain succession certificates and letters of administration in a very short time, such as 15 days, using biometric verification of heirs rather than lengthy court hearings. This has been especially useful for overseas Pakistanis, who previously had to appear in person before a Pakistani court.
The property inheritance laws of Pakistan are mainly governed by religious concepts with a little cultural blend. Each religious community, such as Muslims, Hindus, Christians, and Parsis, have their own religious laws which have been given legal protection in Pakistan’s legal framework.