Pakistan Inheritance Law

Pakistan Inheritance law is based on Islamic Principles, and as per exhaustive research of Sharia Law we would like you to note following points as per Pakistan Inheritance law ;

 

1. Women cannot be excluded from Inheritance as per Law.

 

2. Single Women (with no brother) or only daughter’s property cannot be in any circumstances be passed onto the other relatives.

 

4. All the member of the family of the deceased will get the share of inheritance as per the West Pakistan Muslim Personal Law (Shariat) Act, 1962, which distributes the inheritance share as per the  Chapter 4, Surah Nisah, Verse No. 11 (Quran-Al-Kareem).

 

5. Even the Will of any national of Pakistan, for the property situated in Pakistan, cannot exclude any family member to whom the Sorah Nisah, Verse No. 11 provide the valid share, that is Allah Subhana-Tala's and his Prophet Muhammad (SAW) orders will prevail over any Pakistani personal wishes. If you think you been deprived of your inheritance by a Will, than order of Court (Federal Shariat Court) can provide you such inheritance share. Dr. Zaki Law Associate can help you in this legal process.

 

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 Legal Standing of the Pakistan Inheritance Law ;

 

The West Pakistan Muslim Personal Law (Shariat) Act, 1962, this Act is now a valid source for the Inheritance law still prevalent in Pakistan and all the Inheritance of Muslims have to be governed by this Act of 1962 to be in for corners of law and Islam.

 

Lately In 2009 the Honorable Supreme of Pakistan has held that the West Pakistan Muslim Personal Law (Shariat) Application act (V of 1962) will apply in case of Muslim Inheritance. Bashir Ahmed Vs. Abdul Aziz 2009 SCMR 1014

 

 

That to determine the Inheritance of female Muslim in Pakistan the applicable law is West Pakistan Muslim personal Law (Shariat) Application Act, 1962, which entails in Section 2 as;

 

                          ‘’ Notwithstanding any custom or usage, in all question regarding succession (whether testate or intestate), special property of female………… shall be the Muslim Personal Law (Shariat) in case where parties are Muslims’’.

 

It is clearly stated in above law that in case of female inheritance or any other inheritance in-between the Muslims, the Shariat will be applicable, and the source of Shariat is Holly Quran. The Relevant verses of the Quran are as follows ;

 

 

Chapter 4, Sorah Nisah, Verse No. 11 (Arabic Translation to URDU has been gained from the Dr Mufti Ghulam Sarwar Qadri, Advisor to Federal Shariat Court), according to the Urdu translation of the said verse;

 

‘’One man share is equal to two women, and if women are two or more they are entitled to 2/3 share in property, and if the women is alone than she gets half of the property’’

 

According to the Holly Quran if daughters are left from deceased they will get 2/3 of the property equally after leaving the share for their mother, and,

 

If the Daughter is alone she will get ½ of the property after leaving the share for the property for her mother and funeral expense/debt serving. And after the death of the mother the said only daughter or daughters will get the mother share, therefore, eventually the daughters/daughter get the whole property of the mother and the father as well according to their respective share.

 

In Holly Quran it has not be written that the share transfer to the Father’s brother or nephew in case of daughters/daughter left by deceased neither it is written in any law in Pakistan.

 

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RELAINCE ON CASE LAW

 

 The Relevant Case laws is as follows;

 

Mst. Sarwar Bibi Vs. Mst. Anwar Bibi, Before Justice Muhammad Sair Ali (Lahore High Court Lahore), 2004 MLD 1136.

 

‘’Inheritance—Original owner of the property died leaving behind only on daughter and two daughters of his deceased brother---Inheritance mutation was sanctioned in favor of only daughter of the deceased wherein one half share out of estate of deceased was granted to her as sharer and remaining one half was granted to her on return of the residue in absence of any residuaries—Daughters of the deceased brother of original owner, claimed residue one half after satisfaction of the share of daughter of original owner as the sharer---Validity—In the present case, there being no residuaries, only daughter of deceased owner was held entitled by the Board of revenue to one half as sharer and residue one half on the right or reverter or Return---Only Daughter of deceased owner under hanafi Law of Inheritance was entitled to inherit from the estate of her deceased father one half share as the sharer and the remaining one half share as the residue in absence of residuaries---Daughters of the deceased brother of deceased original owner being distant kindreds, were not entitled to claim share in presence of sharer/only daughter of original owner---Inheritance mutation was validly sanctioned in favor of only daughter of original owner’’.

 

 

The same above has been held in Supreme Court in case of Ibrahim and four others Vs. Rehmat Ali and six ohers PLD 2002 SC 471.

                                                                                    

On the Reliance of above, we can conclude that the Female Muslim Inheritance will be governed by the West Pakistan Muslim Personal Law (shariat) Application Act, 1962, and according to said Act the shariat will be followed to decide inheritance which is the Holly Quran.

 

The Holly Quran have expressed in clear words that daughters left by a deceased will get 2/3 of the property after leaving share for their mother. The only daughter in such case will get half of the property after leaving share for her mother and funeral/debt serving expense.

 

The Superior Courts in Pakistan have consensus on it that, in case of daughters/daughter left by deceased, such female get all the property without passing any share to any other relative except their mother, the mother share will eventually be transferred to the same females at last, the Court have said ‘Only Daughter (daughters) of deceased owner ------ was entitled to inherit from the estate of her deceased father one half share as the sharer and the remaining one half share as the residue in absence of residuaries’’ (2004  MLD 1136), wherein the Courts in Pakistan transferring the all share to a female as the mother share has at last to come to her.

 

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Quran-al- Kareem ;

 

 

Chapter 4, Surah Nisah, Verse No. 11

 

 

​Statutes ;

 

 

The West Pakistan Muslim Personal Law (Shariat) Act, 1962

 

AND OTHER STATUTES....

 

 



Cases ;

 

 

Mst. Sarwar Bibi Vs. Mst. Anwar Bibi, Before Justice Muhammad Sair Ali (Lahore High Court Lahore), 2004 MLD 1136.

 

Ibrahim and four others Vs. Rehmat Ali and six ohers PLD 2002 SC 471.

 

Bashir Ahmed Vs. Abdul Aziz 2009 SCMR 1014

 

 

AND OTHER LATEST AND FUNDAMENTAL CASE LAWS.....

 

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