Inheritance laws for property in Pakistan have varying provisions in regard to affinities on religious scales. On the other hand, there remains great perplexity in regard to the problem at hand. The Pakistan inheritance laws state that every individual having normal mental capacity deserves to inherit a property whether it is moveable or not.
Legal heirs, according to the Muslim inheritance law, are blood relatives that stand eligible for receiving property shares in properties after the termination of the owner. The values of the shares are varying with sects and sub-sects.
NATIONAL LAWS FOR PROTECTING INHERITANCE IN PAKISTAN
The inheritance law in Pakistan states the blood relatives to be the lawful heirs
Sharia rule applies in Pakistan for the property division matters. Two main laws that apply for the protection of the rights of Pakistani citizens when it comes to inheritance are the following:
1961 – Muslim Family Law Ordinance
1962 – The West Pakistan Muslim Personal Law
Domicile of the one that has passed away has a critical role to play in the property division matter in inheritance. The property laws for inheritance in Pakistan state that the judicial system responsible for solving different inheritance state matters ought to depend on the latest domicile of the dead.
If in any case the heirs of the property contest the domicile or there is an unavailability of the domicile, the judicial system ought to depend on the locality where the property is present. The civil district court or the High Court of Pakistan usually takes care of these issues when assets are present in Pakistan.
Moreover, it is highly essential for mentioning that whatever the nationality or the location of the domicile, the Muslims that are domiciled in our out of Pakistan have to follow the inheritance laws if it comes for property division in the country.
It leads to the fact that the national laws stated above might be applicable to the Muslim citizens even on the condition they had domicile from another country.
There are two categories of assets or properties legal heirs might inherit. Moveable assets encompass cash, vehicles, gold, and stock with other stuff. Whereas, immovable assets generally include the real estate sector.
WHAT DOCUMENTS DO YOU REQUIRE?
In the succession law, there is no room for the last will concept.
For receiving a share in the property of a deceased person, the heirs would have to get an inheritance certificate for the completion of the transferral process to own the property. The wirasatnama is a document that plays this role in this regard.
Some of the documents needed for getting inheritance certificate in the country are stated as:
- NIC of the deceased
- NIC of the heir
- Heir statements regarding the property
- The municipality death certificate of the deceased
- Local graveyard receipt issued by the services
- Independent witness
- Legal notices and public advertisement
- Registry of the immovable property
- Pakistan issues no taxation system on inheritance
PROPERTY INHERITANCE LAWS IN PAKISTAN – SOME FACTS
A lawyer can also be hired to resolve any issues related to the process. Some important points you need to consider are the following:
Legal heirs might distribute the complete assets after the settlement of any pending loans, balances, and other financial issues of the deceased.
In most of the cases, male members – sons receive twice the total share as of that of the female heirs – daughters. On the contrary, the formula keeps changing as the wealth distribution depends on the religious sectoral systems and priorities. It includes total children of the deceased with a specification of the genders and the numbers of the blood relatives.
Pakistan does not apply any last will concept to these laws and in the case if any will exceed more than one-third of the total property, it might need a court hearing if there was no prior consent of the heirs.
The personal property can be gifted to anyone during the owner’s life and it cannot be challenged when the owner has died.
According to the property inheritance laws, if the heir dies before the inheritance distribution, their share in the total inheritance would be automatically transferred to their heirs.
However, more complicated issues might arise and for that reason, it is important to consult a professional lawyer so the succession matter is resolved in time.
On the other end, sadly, most of the female heirs end up losing their share to the male members of the family. This malpractice has been exceedingly going on in the rural areas for a number of years. It occurs commonly in rural areas because of a lack of awareness regarding the fundamental inheritance laws of Pakistani women.
The Section 498A of Pakistan Penal Code penalizes the individuals who deliberately push a female to give up her lawful inherited share for a term that can be extended to a decade and at least 5 years, and/or with a monetary fine of one million PKR.