Inheritance of property in Pakistan is governed by Islamic law (Sharia) as interpreted and applied through Pakistani legislation, primarily the Muslim Personal Law (Shariat) Application Act 1962 and the Succession Act 1925 (for non-Muslims). This guide focuses on Muslim inheritance — explaining the shares for each category of heir and the legal process for dividing inherited property.
Islamic Inheritance Law in Pakistan — The Basics
Under Islamic law, the right of inheritance vests immediately upon death. The deceased's estate passes to legal heirs according to fixed Quranic shares (Fara'id). There is no concept of survivorship in Islamic law — every legal heir receives their share independently.
Before distribution among heirs, the estate must first pay: funeral and burial expenses, the deceased's debts, and any bequests (wasiyat) up to one-third of the estate (bequests beyond one-third require heirs' consent).
Categories of Legal Heirs in Pakistan
Heirs in Islamic law are categorised as:
- Quranic Heirs (Ashab ul Furud): Those with fixed Quranic shares — spouses, parents, and in certain circumstances, siblings
- Residuaries (Asaba): Those who inherit what remains after Quranic shares are distributed — primarily sons and agnatic male relatives
- Distant Kindred (Dhawi ul Arham): Inherit only if no Quranic heirs or residuaries exist
Inheritance Shares — Detailed Breakdown
Husband's Share from Wife's Estate
- If wife had no children: husband receives 1/2
- If wife had children: husband receives 1/4
Wife's Share from Husband's Estate
- If husband had no children: wife receives 1/4 (shared equally among all wives if multiple)
- If husband had children: wife receives 1/8 (shared among all wives if multiple)
Children's Shares
- Son: receives double the share of a daughter (asaba rule — residuaries)
- Daughter alone (no sons): receives 1/2 if one daughter, 2/3 shared if two or more daughters
- When sons and daughters coexist: distributed as residuaries with sons receiving double daughters' shares
Parents' Shares
- Father (when deceased has children): receives 1/6
- Mother (when deceased has children): receives 1/6
- Mother (when deceased has no children or siblings): receives 1/3
A Practical Example of Inheritance Division
Consider a man who dies leaving: one wife, two sons, one daughter, and his mother. Estate value: Rs. 12,000,000.
- Wife: 1/8 = Rs. 1,500,000
- Mother: 1/6 = Rs. 2,000,000
- Remaining: Rs. 8,500,000 divided among sons and daughter (2:2:1 ratio)
- Each son: Rs. 8,500,000 × 2/5 = Rs. 3,400,000
- Daughter: Rs. 8,500,000 × 1/5 = Rs. 1,700,000
The Legal Process for Transferring Inherited Property in Pakistan
Obtaining Succession Certificate
For movable assets (bank accounts, investments, vehicles), heirs obtain a Succession Certificate from the District Court. Apply to the Civil Court with a list of heirs, the deceased's death certificate, and supporting documents.
Mutation of Immovable Property (Intiqal bi Wirasat)
For immovable property (land, houses), heirs apply for inheritance mutation (intiqal bi wirasat) at the local Patwari office. Required documents include: death certificate, Family Registration Certificate (FRC), CNICs of all heirs, and a copy of the existing property record (Fard).
Legal Heirship Certificate
Where required, apply for a Legal Heirship Certificate from the Union Council or NADRA confirming the legal heirs of the deceased.
Disputes Over Inheritance — Your Legal Remedies
Inheritance disputes are unfortunately common in Pakistan. Legal remedies include: filing a partition suit in Civil Court (asking the court to divide the property in accordance with shares), seeking a declaration of heirship, applying for appointment of an administrator for the estate, and in cases of fraud or denial of rights, criminal complaints.
Our property lawyers in Lahore handle inheritance disputes across Pakistan, including complex multi-generational disputes and cases involving overseas Pakistanis.
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📞 Call +92 305 8700060 Book Free ConsultationFrequently Asked Questions
No. Depriving daughters of their inheritance is illegal under Pakistani law (Amendment to MFLO) and is a sin under Islamic law. Daughters have a fixed Quranic right to inherit. Attempting to disinherit daughters — often done through fraudulent gift deeds or wills exceeding one-third — can be challenged in court successfully.
Adopted children do not inherit as legal heirs under Islamic law in Pakistan — adoption does not create the blood relationship required for inheritance. However, the adoptive parents can make a bequest (wasiyat) of up to one-third of their estate to an adopted child. Otherwise, the child has no automatic inheritance right.
No. A wife's Quranic share is fixed and cannot be removed by will, oral instruction, or agreement. Courts in Pakistan regularly set aside attempts to exclude widows from their rightful shares. Any agreement depriving a wife of inheritance is void under Islamic law.
If a person dies with no legal heirs (and no valid will bequeathing the estate), the property escheats to the State under Pakistani law. This is rare in practice — the extended family structure means there are almost always distant heirs who qualify under Islamic law.
No. A Muslim in Pakistan cannot by will deprive other legal heirs of their Quranic shares. A wasiyat (will) is valid only up to one-third of the estate — and only in favour of non-heirs. Attempting to give all property to one son through a will can be challenged and overturned by other heirs in court.
File a partition suit in the Civil Court having jurisdiction over the property. The court will order division according to Islamic law shares. If physical division is not practical, the court can order the property to be valued and sold, with proceeds distributed. Contact our property lawyers for efficient partition proceedings.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws may change; consult a qualified advocate for advice specific to your situation. Contact Naeem & Associates at +92 305 8700060 for professional legal guidance.