Inheritance law refers to the legal rules and regulations that determine how a person acquires assets from the estate of a deceased family member.
The framework of inheritance law recognizes a person’s right to inherit assets even in the absence of a will or where a will does not cover the entire estate of the deceased. The term succession refers to the transfer of a deceased person’s assets and liabilities after death. In this process, after settling any outstanding debts and obligations, the remaining estate and property are distributed among the legal heirs in accordance with applicable law.
Our experienced lawyers at Asad Law Associates provide complete assistance in inheritance and property matters to ensure your legal rights are fully protected. For consultation, you may contact us at 03016566633 or 03332276633, or visit our offices in Islamabad, Rawalpindi, Lahore, Faisalabad, Gujrat, or Multan.
Pakistan is a Muslim country; therefore, Islamic inheritance law is applied in matters of succession. In the absence of specific legislation, courts follow traditional Islamic principles of inheritance in accordance with the respective school of thought of the parties involved. The Succession Act, 1925 and Section 4 of the Muslim Family Laws Ordinance, 1961 recognize and support the legal framework governing inheritance and succession in Pakistan.
According to Sunni inheritance law, legal heirs are generally categorized into three main groups:
Sharers
Residuaries
Distant Kindred
Sharers, also known as Quranic heirs, are entitled to fixed shares in the estate as prescribed under Islamic law. Residuaries inherit the remaining portion of the estate after the sharers have received their shares. In cases where neither sharers nor residuaries are present, the inheritance is passed on to distant kindred according to the rules of succession.
Under Shia inheritance law, heirs are generally classified into two main categories:
Sabab (special relationship)
Nasab (blood relationship)
The Nasab category (blood relatives) is further divided into three classes:
Parents, children, and lineal descendants
Grandparents, brothers, sisters, and their descendants
Paternal and maternal uncles and aunts
In Shia law of inheritance, the system primarily recognizes sharers and residuaries in the distribution of the estate.
In Pakistan, the transfer of assets and property from a deceased person to their legal heirs is carried out under the Succession Act, 1925, the Succession Certificate Act, 2020, and relevant provincial laws regarding letters of administration.
Our experienced legal team is available 24/7 to protect and advocate for your rights in all legal matters. For consultation, you may contact us at 03016566633.
