Islamic Inheritance Law in Pakistan — Faraid
Pakistan applies Islamic inheritance law (Faraid) as the primary framework for distributing a deceased Muslim's estate. The Quran prescribes specific shares for different categories of heirs, and these shares are applied by Pakistani courts through the succession certificate and legal heir certificate processes.
The key principle of Faraid is that inheritance shares are predetermined by the Quran and cannot be overridden by a will (except for up to one-third of the estate, which can be willed to non-heirs). The remaining two-thirds must follow Quranic distribution.
Who Inherits and How Much?
Daughters' Rights — A Critical Issue
One of the most common injustices we encounter is denial of daughters' inheritance rights. Under Islamic law and Pakistani law (Muslim Personal Law Shariat Application Act 1962), daughters are entitled to a defined share:
- If the deceased has both sons and daughters, the son receives twice the share of a daughter (2:1 ratio)
- If the deceased has only daughters and no sons, daughters collectively receive two-thirds of the estate
- If there is only one daughter, she receives half the estate
Denying daughters their inheritance is not only illegal but explicitly contrary to Islamic teaching. The Quran (Surah An-Nisa, 4:7) explicitly states women's right to inheritance.
Spouses
- Widow receives 1/8 of the estate if the deceased has children, or 1/4 if no children
- Widower receives 1/4 of the estate if the deceased wife has children, or 1/2 if no children
Parents
- Father receives 1/6 if the deceased has children
- Mother receives 1/6 if the deceased has children, or 1/3 if no children
The Two Essential Documents
Succession Certificate
A succession certificate is issued by a civil court under the Succession Act 1925. It authorises specific heirs to access and manage the deceased's assets — bank accounts, property, investments. Without this certificate, banks and land registrars will not release assets.
Legal Heir Certificate
A legal heir certificate identifies all legal heirs and their respective shares. It is issued by the revenue authority or court and confirms who has the right to inherit and how much.
Both documents can be obtained remotely through a Power of Attorney.
The Process for Overseas Heirs
- Obtain the death certificate from the Union Council and NADRA
- Identify all legal heirs — this must be comprehensive; missing an heir invalidates the process
- Apply for legal heir certificate from the revenue authority
- File succession certificate petition in the civil court
- Court proceedings — 2–4 months with public notice and hearing
- Claim assets — use the certificate to access bank accounts, transfer property
We manage the entire process from Lahore. All heirs in different countries can sign Powers of Attorney at their respective Pakistan Embassies. We coordinate everything.
Common Inheritance Problems for Overseas Pakistanis
Brother refuses to give sisters their share: We file a suit for partition and can seek a court order for fair distribution. This is unfortunately very common.
Property not transferred to heirs: Many families leave property in the deceased's name for years. We can file for mutation (transfer of revenue records) alongside the succession certificate.
Conflicting claims: When family members dispute the validity of a will or disagree on shares, the matter goes to court. We handle contested inheritance matters across Pakistan.
No death certificate: If the death was not registered, we first obtain the certificate from the Union Council and NADRA.
Inheritance and the Mirpur Connection
For British Pakistanis with property in Mirpur AJK, inheritance matters are complicated by AJK's separate legal jurisdiction. The AJK High Court handles succession matters independently from Pakistan's provincial courts. We have specific expertise in AJK inheritance law.
Contact us via WhatsApp to discuss your inheritance matter. Free initial consultation.