(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)
INHERITANCE / DISTRIBUTION OF FAMILY PROPERTY LAWS:
INHERITANCE / DISTRIBUTION OF FAMILY PROPERTY LAWS:
Law of
inheritance in Pakistan is different for Muslims, Hindus, and Christians
etc., keeping in view their respective religious background. In case of
legal heirs of a Muslim deceased person, all shares of the estate or
property are distributed according to Islamic laws. There is no concept
of will, one cannot transfer or bequeath whole of property to any one
legal heir through Will but consent of the other legal heirs are
required. The share of every legal heir will depend upon the closeness
of his/her relationship with the deceased. There is no universal formula
to adopt but every case is different from other case. Share of property
to respective legal heir depends upon the fact that how many children,
wives, sisters, brothers and other relatives deceased had.
Inheritance
law governs the rights of a decedent’s survivors to inherit property.
This statutory right of a surviving spouse hinges on whether a state
follows the community property or common law approach to spousal
inheritance. Children and sometimes grandchildren, also have a right to
claim an inheritance when a parent or grandparent dies. Community
property is generally property acquired by either spouse during the
marriage. This includes income received from work, property bought
during the marriage with income from employment, and separate property
that a spouse gives to the community. A spouse retains a separate
interest in property acquired through the following methods:
- Inheritance or a gift.
- Acquisition of the property prior to the marriage.
- An agreement between the spouses to keep the property separate from the marriage community.
Succession Certificate:
When a
person dies, Succession Certificate is required to be taken from the
Court of Law in order to transfer the assets / property of the deceased
person among his legal heirs. All the procedure for Succession
Certificate has to be followed in accordance with the Succession Act
1925.
How to obtain Succession Certificate:
Legally, the application for obtaining Succession Certificate can be filed by the legal heirs of the deceased person in the competent Court in two ways:
Firstly,
one legal heir can file petition with the consent of all the other legal
heirs. During proceedings, all the legal heirs record their statements
rendering No Objection for the issuance of succession certificate in
favor of the Petitioner i.e. the legal heir who filed this petition. In
such circumstances, Court would grant the Succession Certificate to one
legal heir who would make himself responsible to distribute the property
among other heirs after wards.
By the second way to obtain succession
certificate, all legal heirs collectively apply for Succession
Certificate and upon satisfaction, Court issue Certificate to all of
them according to their respective shares.
The
Succession Certificate could be obtained by the widow of the deceased by
filing petition in the competent court. In case if the legal heirs of
the deceased include minor children, his widow would be entitled to
obtain the Succession Certificate on behalf of the minor children as
their natural guardian. The Law stipulates that no one should be
deprived of his / her legal rights. Keeping in view the same principle,
when any application for granting Succession Certificate filed before
the Court, first of all Court issues orders to publish the case in
newspapers to see if there are any other claimant of the deceased
property. If no other claimant appears before the Court after such
publication, then the Court grants the Succession Certificate to the
Petitioner applied. In case, someone appears before Court and claim to
be one of the legal heirs of deceased, then the Court would have to
decide the matter after going through the evidence regarding the claim.
Inheritance of Property During the Lifetime:
A Muslim
has an absolute right over his property during his lifetime and he can
donate the same if he desires to do so before his death. After the death
of such donor, no one has a right to claim the same, even his
legitimate heirs, cannot challenge his decision. When a Muslim citizen
dies, the issues of Inheritance are to be adjudicated by those where the
deceased is lastly domiciled. If this issue is challenging, or unknown,
then such adjudication depends upon the location of the property. If a
deceased foreigner is a non-Muslim, and the National Laws of his country
permits the applicability of Inheritance Laws of that country where he
is domiciled, or of that country where the deceased’s property is
located, in that case the laws of that foreign country will be
applicable in Pakistan.
We as law
firm, deals cases in Trial Courts, High Courts and Supreme Court. We
also provide complete legal directions and pathways on the subject in
accordance with applicable laws. We are also providing complete
consultancy to Pakistan and overseas clients. Our lawyers are having
exclusive expertise to register a public limited company in Pakistan and
providing full support after registration a public limited.
BEST INHERITANCE LAW FIRM / LAWYERS KARACHI PAKISTAN
For
more information, please contact,
A. NAWAZ OSMANI LAW
ASSOCIATES.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
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