The Property Inheritance Principles You Should Know

The provisions of Pakistan's property inheritance laws vary according on religious affinity. However, there has always been some ambiguity around this matter. All people of sound mind are eligible to inherit both movable and immovable property, following Pakistan's inheritance laws.

The provisions of Pakistan's property inheritance laws vary according on religious affinity. However, there has always been some ambiguity around this matter. All people of sound mind are eligible to inherit both movable and immovable property, following Pakistan's inheritance laws.

Legal heirs, as defined under Muslim inheritance law in Pakistan, are blood relatives who are entitled to a share of a property following the owner's passing. Each sect and its subsects have a different value for these shares.

What a legal heir certificate is for

Only the successors are qualified to apply for a legal heir certificate once the deceased's death certificate has been acquired. The legal heir certificate is a record needed to identify a deceased person's legitimate heirs. It can be applied in the following ways:

• To make an insurance claim
• Processing the deceased employee's family pension
• To obtain government obligations such as provident fund, gratuities, etc
• To obtain the deceased's unpaid wages

Domicile of a deceased

The division of inherited property is significantly influenced by the deceased's residence. According to Pakistan's property inheritance rules, the judiciary's treatment of inheritance disputes must be based on the decedent's last known address.

The judiciary is based on the location of the property in the event that the heirs contest the domicile or if it is unavailable. If the assets are in Pakistan, civil district court or high court often handles such succession difficulties.

What a succession certificate is for and how to get one

A succession certificate, on the other hand, is given to the deceased's lawful heirs in order to transfer both their moveable and immovable property. The authority to manage a decedent's estate is granted through a letter of administration.

Any of the legitimate heirs may submit a succession certificate application. In Pakistan, all processes pertaining to succession certificates are governed under the Succession Act 1925. If there are many legal heirs, the court may grant the succession certificate to each party in accordance with their percentage interest in the estate.

The National Database Restoration Authority (NADRA Succession) Facilitation Units created this with the intention of minimizing unnecessary difficulty and delays during the process.

For Pakistanis living abroad, who would no longer need to appear in court to acquire the succession certificate, this is extremely advantageous.

Real-time verification is one of the security measures included in the digital certificate. It may be acquired by following a few straightforward steps:

Initiating an application

The deceased's death certificate and the successor's national identification number must be provided.

Recognition of legal heirs and assets

The petitioner must include pertinent information about the legal heir(s) as well as facts about the deceased's personal property, both tangible and intangible.

Verification of legal heir

For biometric verification, each of the legal heirs listed in the application must go to the NADRA registration centre.

Advertising

To make sure no one has objections to that specific application, NADRA will publish a notice in newspapers.

Printing and Delivery

The applicant will be given the letter of administration/succession certificate if there is no opposition within 14 days after publication.

Laws of inheritance in Pakistan

In Pakistan, there are two laws that guard heirs' legal inheritance rights:

• Certain suggestions of the panel on marriage and family laws are implemented by the Muslim Family Laws Ordinance (1961).
• The West Pakistan Muslim Personal Law of 1962, which codifies and updates the guidelines for its application (Shariat).

Documents required for inheritance

The legal heirs require an inheritance certificate to finalize the transfer of property ownership before they may claim their portion of a property after a person's passing. Locally, this court-issued document is referred to as a Wirasatnama.

The paperwork needed to obtain an inheritance certificate in Pakistan are listed below.

• The deceased's national identification card
• The heirs' national identification cards
• A statement of heirs
• Municipality-issued death certificate
• Receipt from the neighbourhood cemetery
• An independent witness
• Legal notices and public ad campaigns

 

 

 

Women’s rights of inheritance in Pakistan

There are many instances where male family members receive the inheritance in preference to female heirs, particularly in Pakistan's rural areas. This is mostly a result of their ignorance of the legal property rights of women. In order to protect their legitimate inheritance, the Enforcement of Women's Property Rights Bill was passed in 2020.

It is also prohibited to deprive women of their inheritance in any way, as stated in Section 498A of the Prevention of Anti-Women Practices Act (2011). Any infringement of this law is punishable by 5–10 years in prison, a fine of 1 million rupees, or both.

Following is a list of women's inheritance rights:

• If the deceased's widow has children, she will be entitled to 1/8 of the inherited property. She will hold a quarter of the estate if she is childless.
• One-sixth of her son's estate will go to his mother. But if the deceased didn't have parents or kids, the mother will get two-thirds.
• When their father dies, a female who has one or more brothers will inherit half of their share.

Additional points to be aware of are:

• In Pakistan, there is no inheritance tax.
• The split of inherited property is also determined by the deceased's final residence.
• A property donation made by the deceased during their lifetime cannot be challenged in court after their passing.
• Legal heirs are only permitted to distribute assets when the decedent's outstanding debts have been paid in full.
• A legal heir's part of the inheritance will be split among the remaining heirs if they pass away before it is distributed.
• A lawyer should be retained to handle the distribution of inherited property.

The Pakistan Penal Code's Section 498A states that anyone who coerces a woman into giving up her legal inheritance at the time of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.