Inheritance and Succession: Definitions

• Inheritance: The legal process by which the property, rights, and obligations of a deceased person are passed on to their legal heirs or beneficiaries. Inheritance typically involves assets like property, money, and other belongings.

• Succession: A broader legal concept encompassing the transfer of not just property but also rights, titles, or obligations from one person to another. Succession can be testamentary (through a will) or intestate (when no will exists).

Inheritance and Succession Laws in Pakistan

Inheritance and succession laws in Pakistan are primarily governed by Islamic law, statutory laws, and the Personal Laws applicable to different religious communities. Below are the key aspects:

1. Islamic Inheritance Law

For Muslims in Pakistan, inheritance is governed by Shariah principles as outlined in the Quran, Hadith, and Islamic jurisprudence:

• Quranic Shares: Fixed shares are defined for specific heirs such as parents, children, spouses, and siblings. For example:
  • Sons receive twice the share of daughters.
  • A wife inherits one-fourth (if there are no children) or one-eighth (if there are children).
  • A husband inherits one-half (if there are no children) or one-fourth (if there are children).
• Hierarchy of Heirs: Primary heirs (e.g., children, parents) inherit first; distant relatives inherit only if no primary heirs exist.
• Hiba (Gift): A person can gift their property during their lifetime. However, after death, only up to one-third of the estate can be willed to non-heirs.
• Doctrine of Representation: Direct descendants can represent a deceased heir in the inheritance.

2. Succession Act, 1925

This law applies to non-Muslims (e.g., Christians, Hindus, Parsis) in Pakistan and regulates the distribution of inheritance for non-Muslim communities:

• Testamentary Succession: A will determines the distribution of property.
• Intestate Succession: If no will exists, the law specifies the distribution among legal heirs.

3. Women’s Right to Inheritance

Under Islamic law and the Constitution of Pakistan, women have a clear right to inheritance. However, due to societal practices, these rights are often denied or disputed. To address this:

• The Enforcement of Women’s Property Rights Act, 2020 ensures women can claim their rightful inheritance through legal channels.

4. Land and Agricultural Property

The inheritance of land and agricultural property is subject to Islamic law for Muslims. For non-Muslims, provincial laws and the Succession Act govern these matters.

5. Court Jurisdiction

Disputes related to inheritance and succession are addressed in civil courts or family courts (depending on the nature of the case). Succession certificates or letters of administration are required to distribute movable or immovable property.

Key Challenges in Pakistan

1. Discrimination against women: Despite laws, women’s inheritance rights are often denied.
2. Customary Practices: Traditional and tribal customs sometimes override statutory laws.
3. Lack of Awareness: Many heirs are unaware of their legal entitlements.