The property inheritance laws in Pakistan are an area that offers clearance regarding all objections and issues. The Islamic Republic Of Pakistan is dominated by the proceedings of Islam and Sharia Law. According to the Sharia Law, the main rightful heir to the property is the legal heir.
A legal heir is someone who is a direct and blood descendant of the deceased owner of the property. But the property inheritance law in Pakistan 2023 comes with a lot of baggage. Here is an in-depth guide about the main things that you need to know about that law.
What Are the Laws That Protect Inheritance in Islam?
Pakistan is an Islamic Republic State that follows the very basics and complexities of Sharia Rule. The higher authorities of Pakistan – the ones that are in charge of rules and laws regulation as well as maintenance have designed two laws that are in direct alignment with the Sharia Law.
- Muslim Family Law Ordinance, 1961
- The West Pakistan Muslim Personal Law, 1962
Both of these property inheritance laws in Pakistan are necessary to keep the transfer of property process as smooth and free of resistance as possible.
What are the Types of Property for Property Inheritance Laws in Pakistan 2023?
There are two types of properties that fall under the jurisdiction of property inheritance laws in Pakistan 2023:
Movable Assets
Assets that can be transferred from one place to another place or which can be subjected to movements are known as movable assets. These movable assets are or can be:
- Cash
- Gold
- Vehicles
- Stocks
- Shares
- Valuable Antique Pieces
Immovable Assets
Those assets which cannot be removed from one place to another are known as immovable assets. These assets are:
- Real Estate
- Land
- Commercial Buildings
- Properties That Are Not Privately Owned
What Are the Required Documents for Property Inheritance Laws in Pakistan 2023?
It is not a hidden fact that property transfers do not happen over every possible thing. There is a list of documents that the authorities require to finalize the process. In Pakistan, the document that contains all the information and is an absolute necessity for heirs to claim is known as Wirasatnama.
It is a document that is often issued by the local courts of the areas. This is to ensure that the whole process of property transfer is made public to avoid errors and issues.
Some of the most common documents that are required are as follows:
- NIC of the Departed or Deceased
- NIC of the Inheritors
- Statement of the Heirs
- Official Death Certificate by the Authorities
- Official Receipt by the Local Graveyard
- An Independent Witness to the Situation
- Legal Issued Notice and Public Advertisement Regarding the Deceased (Time of Death or Funeral Details)
- Mutation or Registry of Immovable Property
Which Court in Pakistan Is Responsible for Handling the Succession Cases in Pakistan?
If the assets are located in Pakistan, then the Civil District Court or High Court of Pakistan is responsible for handling the inheritance cases.
What Are the Court Fees for the Property Transfer Process in Pakistan?
The courts which handle such cases in Pakistan claim almost 7% of the charges of the entire case.
What Is Property Inheritance Law in Pakistan?
There are some things that people need to understand in the context of property inheritance law in Pakistan.
- In Pakistan, there is no such thing as an inheritance tax. It means that the property holders do not have to pay for any withholding of property
- The last domicile of the deceased plays a very crucial role in signifying the division of the inherited property
- If there is a part of the property that the deceased has gifted to someone, no one can claim that property after the death of the person who commenced the property transfer
- Any legal heir will only be eligible for property usage when all the debts of the deceased have been settled
- In case the legal heir passes before the distribution of the property then the property will be divided among the other people equally
- Make sure to hire a competent lawyer to commence the whole process of property transfer in Pakistan
What are the Women’s Rights of Inheritance in Pakistan?
Islam is a fair religion that offers a quality share for women in the property both from the ends of their husbands and their fathers. But negligence, illiteracy, and little to no information are the main culprits here. All of this is what leads to women losing their shares in the property even when they are the sole legal heirs of the property. Therefore education and knowing rights are the most important things to keep in mind here.
In 2022, the Enforcement of Women’s Property Rights Bill was passed to ensure that women are able to enjoy their right to property inheritance.
According to Section 498 A of the Prevention of Anti-Women Practices Act (2011), no one is allowed to deprive women of their legal rights in the property. Any person who either engages or initiates this practice of snatching the right of women will be subjected to a felony. Any violence of this act is subject to a fine of Rs. 1 million or imprisonment of 5 to 10 years.
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Some of the most notable aspects of women’s rights of inheritance in Pakistan are as follows:
- In the case of children, the wife of the deceased is eligible for 1/8th of the property. In the absence of any children, the wife will receive 1/4th of the property of her deceased husband.
- If the female has male siblings she will receive half of the property share after the death of her father.
- In the case of a deceased son, the mother is the rightful heir to 1/6th of the property. And if the deceased son does not have any legal heir, the mother will receive 2/3rd.
What Is the Process to Obtain the Succession Certificate in Pakistan?
Given below are some easy steps to obtain the succession certificate in Pakistan.
- Visit the website and initiate the application process by entering the NIC number as well as the death certificate details of the deceased.
- Insert the right information such as the legal heir’s time of birth and other sorts of details. Also, make sure to provide information about the movable and immovable assets.
- The legal heirs who are a part of the whole application have to pay a visit to NADRA’s office to ensure the legality and truthfulness of the matter.
- NADRA will proceed with a print media advertisement ensuring that no one has objections regarding this property transfer. The time limit to raise any issue is a fortnight or 14 days or two weeks.
- If there is no record of any objection in the meantime, the succession certificate will be forwarded by NADRA.
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Note:
Every province can have its own set of guidelines regarding the success certificate generation and forwarding it to the masses.
A Final Word of Wisdom!
Property matters if not handled wisely, can convert happy homes into blood baths. That is why educating your children about their legal rights on time is an absolute necessity. Make sure to teach your children about Sharia Law on time and if you have time get professional advice as well.
Remember that it is better to stay updated, knowledgeable, and resourceful than to regret matters lately. We are hopeful that this above-provided guide regarding Property Inheritance Law in Pakistan 2023 is helpful in some regards. For further content and updates about property trends, visit The property street.
Reference: https://themrl.com/lahore-smart-city/