The Best Lawyer for Inheritance Disputes At Lahore, Pakistan

Law of succession and inheritance – Pakistan

Family members

Inheritance laws are the laws and rules that determine how individuals obtain assets from the estate of a deceased family member. These laws ensure that beneficiaries can receive an inheritance in some form if a will was never made or if the will does not cover the deceased’s entire estate. In probate proceedings, the deceased person’s estate is settled and, after payment of debts, the assets are distributed among the heirs. The term Lawyer for Inheritance Disputes can also refer to the assets left by a person after his or her death.

The Inheritance Act was enacted in part to remedy the unfair treatment of the deceased’s dependents who were not included in the deceased’s will.

Pakistan is a Muslim-majority country, and the Constitution provides that Islamic law governs all laws in the country and establishes Islamic succession law in the country. In the absence of a comprehensive code/law on succession law, the courts apply the traditional Islamic rules of succession according to the various Muslim sects. Currently, only the Succession Act of 1925 and the Muslim Family Law Ordinance of 1961 have provisions on inheritance and succession according to Pakistani law in Section 4.

Islamic inheritance law varies according to the Muslim sect. The two main classifications are Sunni inheritance law and Shiite inheritance law.

Sunni Inheritance Law

According to Sunni law, legal heirs are of three types: sharecroppers, residuary heirs, and distant relatives. Sharecroppers or Qur’anic heirs are entitled to a certain share of the inheritance. Residuary heirs are those who do not receive a share of the inheritance, but inherit what remains after the claims of partial heirs have been satisfied. Distant relatives inherit if there are neither joint-heirs nor other heirs.

Coheirs Or Crown Heirs

Once funeral expenses, debts and inheritance are settled, the estate, called the “net estate,” is divided among the co-heirs according to the following table. Column I indicates the rate applicable to the division of the estate if the partner is still alive. Column III shows the case where the partner is excluded from another heir. Column IV shows the result if the partner is not completely excluded from the estate, and the result from the partial exclusion is shown in column V.

Residence

If there are no joint heirs or if there are joint-heirs but there is a residue after the satisfaction of the joint-heirs, the whole or the residue passes to the remaining heir in that order:

Distant Relatives

If there are no joint or surviving heirs, the property will be distributed among the distant relatives. If the spouse is the sole shareholder and there is no residue, the residue goes to the distant relatives after the spouse’s share has been satisfied.

Distant relatives, as well as survivors, fall into four categories, listed below in order of importance:

Descendants of the deceased

Descendants of the deceased

Descendants of the parents of the deceased

Descendants of grandparents (true or false), so that the descendants of the closest grandparents exclude the descendants of the most distant grandparents.

Shiite Inheritance Law

Shiite law divides heirs into two main categories, namely sabab or special clause and nasab or consanguinity, which is further divided into heirs by legal relationship and heirs by marriage, including spouses. Kinship is further divided into three categories: parents, children and lineal descendants, grandparents, siblings and their descendants, and paternal and maternal uncles.

Compared to Sunni Inheritance Law, Shia law only recognizes Sharers and Residuaries. Under Shia law, only 9 sharers are recognized. The descendants of sharers are also classified as sharers. Anyone who is not a sharer is then considered a resident. The table below shows the distribution of assets among the sharers.

Law Of Succession

To obtain the inherited property of the purpose, the national laws of the country come into play. Such transfer of movable and immovable property from the deceased to the successors is done according to the federal Succession Act, 1925 and the provincial legislation Letters of Administration and Succession Certificates Act, 2020.

The main purpose of the Letters of Administration and Succession Certificates Act is to ensure the prompt issuance of certificates of succession and letters of administration. The Act also establishes a Succession Facilitation Unit in NADRA offices under Section 3, which is authorized to receive applications for granting letters of administration and succession certificates; process and evaluate these applications to deny or accept them; and maintain an online portal for record-keeping.

Under Section 6, the application for granting letters of administration must be accompanied by the death certificate of the deceased; a list of legal heirs and copies of their national identity cards; an authorization from the legal heirs in favor of the applicant; and details of immovable and movable property. Such an application is subject to receiving an objection claim. Where such a claim is not received, NADRA issues the letter of administration or certificate of succession equivalent to those issued under the Succession Act 1925 by the District Judge or the High Court.

However, if an objection is received to the granting of a letter of administration or certificate of succession, such objection is resolved by applying the Succession Act of 1925, where an application must be made to the District Judge or the High Court under its concurrent jurisdiction.

An application for the grant of a letter of administration is made under Sec. 278, while an application for the grant of probate is made under Sec. 276. Any caveat against such an application must also be filed and submitted to the Court as well. The Court also has the power to personally examine the applicant, demand further evidence, and issue summonses to all persons having an interest in the property. Upon satisfaction, the Court will issue the letter of administration or power of attorney under the seal of the Court as per Sec. 289 and 290 of the Act.

Similarly, District Judges have the authority to entertain applications made to issue certificates of succession under the same Act, pursuant to Sec. 371. According to Sec. 372, the application must state the time of the deceased’s death, the common residence of the deceased, the family or other close relatives of the deceased, the right in which the applicant claims, the absence of any impediments, and the debts and securities in respect of which the certificate of succession is to be issued.

Upon receipt of such application, the Court, after satisfying itself that there are grounds for entertaining the application, will set a date for a hearing and issue notices thereon. Upon the conclusion of such hearing, the Court will issue a certificate of succession.

Admin
My name is Arslan Shah and I am founder of Tokei 123 blog. Have years of experience in digital marketing, My best hobby is blogging and feel awesome to spend time in it.

Stay in Touch

To follow the best weight loss journeys, success stories and inspirational interviews with the industry's top coaches and specialists. Start changing your life today!

Related Articles