Who Are the Legal Heirs of a Deceased Person in Pakistan
The distribution of maternal property in Pakistan is often overlooked as women tend to pass on their fair share of the goods they have received to the men in the family. This case is located in the laid-back areas of Pakistan as well as in rural areas, where information about women`s legal property rights in Pakistan is well documented. If a legal heir was alive at the time of the distribution or division of the property, but died after acquiring his or her share of the property, that part or property now belongs to the direct heirs of that first heir. The Muslim Personal Law of West Pakistan, also known as the Sharia Act of 1962, and the Muslim Family Law Ordinance of 1961 protect the rights of legal heirs. However, there is no specific law in the constitution that serves strictly to prevent the denial of inheritance rights for women.  Under Section 498-A of the Prevention of Misogynistic Practices (Criminal Law Amendment) Act 2011, depriving women of fraudulently or illegally inheriting property is punishable by imprisonment, which can be up to ten years but not less than five years. The convicted person may be fined one million rupees and imprisoned at the same time.  Pakistan has also ratified several international conventions aimed at promoting gender equality, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the International Labour Organization`s ILO Core Convention 100 on Equal Pay for Women.  Our experienced estate lawyers have extensive experience in obtaining a legal declaration of heir in court. We understand the uncertainty of our clients and treat their case with absolute professionalism. The lawyers of Hamza and Hamza Law Associates are absolutely reliable and extremely professional, who receive the Certificate of Inheritance or the Decree on the Declaration of Legal Heirs from the Civil Court in a maximum of 3-4 hearings. After sorting the entire transaction, the court then authorizes the normal distribution of assets to the legitimate heirs.
President Dr. Arif Alvi quoted in December 2018: “There can be no empowerment of women without giving them economic independence and their right to inherit. “By giving women their fair share of inheritance according to the decrees of Islam, we can make them economically independent, and it will be an important step towards their empowerment,” he told a delegation of the Khyber Pakhtunkhwa Commission on the Status of Women led by its chairperson Neelum Toru.  The Estates Act was partially enacted to correct any unfair treatment of persons who depended on the deceased and that were not provided for in the testator`s will. Once all loans, mortgages or other financial balances have been repaid, the legal heir can distribute the inherited assets or make something financial out of it. At the end of the entire procedure, the court distributes the shares among the heirs. The procedure requires that a professional lawyer be appointed to file a complaint in the civil court. The lawyer, having understood in detail the facts and circumstances of the case, files the application for declaration in the civil court, indicating the shares of each legal heir, to what extent each legal heir is entitled to property. The civil court, after informing the housing authority or the tax authority, registers the oral and written evidence of the legal heirs, after which the civil court has issued the decree declaring the heirs legal.
To avoid confusion or complication, timely legal advice and legal advice is properly advertised and often highlighted. Otherwise, the woman, children and siblings will come together in court and fight with another for their rights, and no one wants that for their family. Personal property can be given to anyone during the owner`s lifetime, and no one can dispute that. The case had dragged on for about a quarter of a century, but was eventually settled by a two-judge panel consisting of Judge Ejaz Afzal Khan and Judge Qazi Faez Isa.  In its final decision, the Chamber stated: “One sister, in order to claim her legitimate inheritance, was forced to go to court and endured long years of torment. However, before she could get what rightfully belonged to her, she too left this world. A quarter of a century has passed since the death of Haji Sahraney (the late father). Such a state of affairs is, to say the least, very regrettable.  Article 23 of the Constitution of Pakistan 1973 states: “Every citizen has the right to acquire, own and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restriction imposed by law in the public interest.  Pakistan as an Islamic country tends to follow Islamic jurisprudence on inheritance, especially with regard to inheritance issues. According to Sharia law, legal heirs who are blood relatives have the right to inherit property from the ancestor or a relative after their death. Chapter four of the Qur`an, called Surah An-Nisa, speaks of the proper method to be followed to determine the share of inheritance.
 However, the practice of acquiring property rights for women in Pakistan is not easy, although constitutional law claims otherwise.  According to a 2017 survey, 80% of women said they did not receive their legal share of the inheritance According to Muslim inheritance law, legal heirs are blood relatives who receive shares of property after the death of the owner.