Author: Sadia Javed, Advocate High Court
CEO of SJ Law Experts, Islamabad
Email: SJLawExperts@gmail.com
Email: SadiaJaved.Lawyer@gmail.com
WhatsApp. +92 335 411 2288
Introduction:
Inheritance law in Pakistan, particularly in Islamabad, is a critical area that governs the distribution of a deceased person’s estate among their legal heirs. Rooted in Islamic principles, the law ensures a fair division of property while addressing the specific needs and rights of beneficiaries /legal heirs.
This article of Inheritance Property provides an in-depth look at the inheritance property laws in Islamabad, detailing the legal framework, processes, and key considerations.
The Legal Framework of Inheritance Property Laws:
Inheritance laws in Islamabad are primarily governed by:
1. The Muslim Personal Law (Shariat) Application Act, 1937: This act mandates the application of Sharia law for inheritance matters among Muslims.
2. The West Pakistan Muslim Personal Law (Shariat) Act, 1962: Further solidifies the application of Sharia law.
3. The Succession Act, 1925: This governs inheritance for non-Muslims in Pakistan.
4. The Enforcement of Shari’ah Act, 1991: Reiterates the application of Islamic principles to inheritance matters.
Following is the Principles of Islamic Inheritance Law:
Islamic inheritance law, known as “Faraid”, is based on specific Quranic injunctions. In this regard, the key principles include:
1. Fixed Shares: Certain relatives are entitled to fixed shares of the deceased’s estate. These include spouses, parents, children, and siblings.
2. Residuary Beneficiaries: After the fixed shares are distributed, the remaining estate (residue) is divided among residuary heirs.
3. Exclusion and Inclusion: Some heirs can exclude others from inheritance or reduce their shares based on their relationship to the deceased.
4. Gender Considerations: Sons generally receive double the share of daughters, reflecting the financial responsibilities expected of men in Islamic culture.
Legal Steps for Inheritance Distribution:
1. Initiating the Process: Upon a person’s death, the legal heirs must file a case for inheritance in the relevant civil court or obtain a succession certificate by hiring an expert property lawyer.
2. Identification of Legal Heirs: The court identifies all legal heirs, ensuring everyone entitled to a share is accounted for.
3. Settlement of Debts: Before distribution, any debts and obligations of the deceased must be settled from the estate.
4. Distribution of Shares: The court oversees the distribution of the estate according to Islamic law or, for non-Muslims, under the Succession Act.
5. Transfer of Property: Once shares are determined, the property is transferred to the heirs’ names through appropriate legal documentation.
Key Considerations:
1. Will (Wasiyyah): Under the Islamic law, a person can bequeath up to one-third of their estate through a will, provided it does not infringe upon the fixed shares of the legal heirs.
2. Gift (Hibah): During their lifetime, individuals can gift property to anyone, including non-heirs, without affecting the inheritance distribution.
3. Legal Guardianship: If minors (under the age of 18) are among the heirs, the Court appoints a legal guardian to manage their inheritance until they reach maturity.
4. Dispute Resolution: Inheritance disputes can arise over property valuation, identification of heirs, or share allocation. Such disputes are resolved through the civil courts.
Further Importance:
1. Complex Family Structures: Extended families and multiple marriages can complicate inheritance distribution.
2. Property Valuation: Accurately valuing the deceased’s property is essential but can be contentious.
3. Legal Awareness: Many people lack awareness of their inheritance rights and the legal processes involved, leading to potential exploitation.
4. Fraud and Forgery: Inheritance cases sometimes involve fraudulent claims or forged documents, necessitating stringent legal scrutiny.
Inheritance property laws in Islamabad are designed to ensure a fair and just distribution of a deceased person’s estate among their legal heirs. Embedded in the Islamic principles and supported by local statutes, these laws aim to uphold the rights of all beneficiaries while addressing the unique challenges that arise in inheritance matters. By understanding the legal framework and processes, individuals can better navigate the complexities of inheritance and ensure their estate is distributed according to their wishes and the law.
SJ Law Experts is a law firm in Islamabad and has been providing the complete legal assistance for inheritance law, property law and its property shares distribution. Our expert civil and property lawyers in Islamabad and Rawalpindi are available to guide you with complexity of the inheritance laws.
