Overview
One of the most important and delicate legal issues in Pakistani families is property inheritance. Islamic principles and Pakistani inheritance laws govern the proper distribution of a deceased person’s property, whether it be urban real estate, agricultural land, or ancestral homes.
However, it is frequently difficult for legitimate heirs to assert their share due to family conflicts, legal issues, and a lack of documentation. Hiring a knowledgeable legal advisor or inheritance lawyer and being aware of the procedure can have a significant impact.
What Does Inheritance Mean?
When a deceased person’s property, assets, or estate are transferred to their legal heirs, this is referred to as inheritance. This procedure is governed in Pakistan by:
Shariah law in Islam (for Muslims)
Minority-specific personal laws, such as Hindu and Christian laws
The 1925 Succession Act
Procedures for Civil Courts and Family Courts
Land, homes, bank accounts, jewelry, and any other movable or immovable asset that belonged to the deceased can all be considered property.
Who Is Eligible for Inheritance?
The following are considered legal heirs:
Spouse (wife or husband)
Offspring (daughters and sons)
Parents
Siblings (if no spouse or children are present)
Grandchildren (in certain situations)
According to Islamic law, each category has a set share. For instance:
If there are children, a wife receives 1/8th; if not, 1/4
If there are children, the husband receives 1/4; if not, he receives 1/2.
The remainder is divided 2:1 between sons and daughters, meaning that the son receives twice as much as the daughter.
Additionally, parents have particular shares.
Pakistan’s Legal Process for Property Inheritance
In Pakistan, the inheritance process entails both legal procedures and documentation. This is how it operates:
Step 1: Certificate of Death
It is necessary to have the deceased’s current NADRA death certificate.
Step 2: Certificate of Heirship
Request a Legal Heirs Certificate (Warasatnama) from NADRA or the appropriate court. It consists of:
All legal heirs’ names
Heirs’ CNICs
Relationship with the deceased and family tree
Step 3: Certificate of Succession (If Shares, Bank Accounts, etc.)
If the departed had
Accounts at banks
Shares or bonds
Moveable assets
You must apply to the Civil Court for a Succession Certificate.
Step 4: Property Partition and Mutation
If there was property owned by the deceased:
Submit a partition and mutation file to the Land Revenue Office.
Put each heir’s portion in their own name.
If you own commercial property, pay any taxes that are owed.
Problems with Undisclosed Properties in Inheritance Cases
One family member may conceal the existence of assets or land.
Absence of legal documentation
missing title documents, an outdated “katchi registry,” or no registry.
Fake transfers or forgeries
illegal transfers made using forged signatures or fictitious power of attorney.
Shares Denied to Women
Women are frequently denied their Islamic right to inherit in rural areas.
Foreign-Based Heirs
It becomes difficult to remotely manage court proceedings and documents.
Due to these difficulties, legal assistance from an experienced inheritance attorney is required.
Reasons to Consult a Lawyer About Inheritance
A qualified attorney assists you:
Draft applications for heirship or succession certificates
Check land records and safeguard your portion.
In court, contest unlawful transfers
Start partition lawsuits or negotiate family settlements.
Prevent third-party fraud and forgery.
File and monitor court cases for a legitimate claim.
Records Needed for the Inheritance Procedure
Death certificates serve as proof that a person has passed away.
Legal Heirs’ CNICsFRC (Family Registration Certificate), issued by NADRA, is necessary for legal heirship.
Title Deed and Property RecordsEvidence of ownership
Court Petition & AffidavitsLegal documentation
Form for Land Revenue Office Mutation
Tools for Property Distribution Warasatnama (Heirship Certificate)
Partition Deed (for property division)
Certificate of Succession (for financial or bank assets)
Application for Mutation (to transfer land ownership)
Pakistani Women’s Inheritance Rights
Mothers, wives, and daughters are all entitled to inheritance under Pakistani law and Islamic Shariah. However, frequently:
Women are under pressure to cede their rights.
Only male heirs’ names are used on documents.
Sisters are not allowed during the division.
With the assistance of an attorney, these unlawful practices may be contested in court.
Laws Regarding Inheritance for Pakistanis Abroad
Many Pakistanis living abroad deal with problems like:
Family not telling them about their inheritance
Unauthorized sale of property
Attending court proceedings is difficult.
Among the solutions are:
Giving a lawyer a Power of Attorney
Verification of documents online
Remotely filing partition suits
Using foreign e-court and NADRA services
Court Authority for Inheritance Cases: Family Court: For women’s rights, heirship, and custody
Civil Court: For property changes and division
High Court: For major disputes and appeals
For online heirship certification (in certain situations), use NADRA.
Process Task Duration Timeline
Certificate of Heirship (15–30 days)
30- to 60-day succession certificate
30 to 90 days for partition and mutation (if no objections)
Six months to more than two years of legal dispute in court
In conclusion
In Pakistan, particularly under Islamic law, the right to inherit property is a fundamental one. However, prompt action, appropriate documentation, and legal awareness are crucial. Don’t put off making a claim if you are the surviving legal heir.
You can protect your rightful portion, prevent fraud, and guarantee a peaceful, lawful distribution of family assets with the assistance of a property and inheritance attorney.
Take immediate action because a legal delay could result in the loss of your rightful legacy.
