Succession and Inheritance
There are two laws that protect the rights of inheritance in Pakistan:
- The Muslim Family Laws Ordinance (1961) gives effect to certain recommendations of the commission on marriage and family laws.
- The West Pakistan Muslim Personal Law (1962), consolidates and amends the provisions of the application of Muslim Personal Law (Shariat).
Pakistan being an Islamic country tends to follow Islamic Inheritance Jurisprudence particularly with regards to the matters of inheritance. According to Sharia, the legal heirs that are blood relations have a right to inherit from the property of the ancestor or a relative after their death. A legal heir is defined as an individual who is entitled to a share in the assets of a deceased person. These may include real estate properties, insurance amounts, bank account holdings, stocks, bonds, shares, etc. As per the inheritance laws of Pakistan, which are based on Islamic Law for Property Distribution, the legal heirs of the deceased can only include the spouse, parents, or children. Once the death certificate of the deceased has been obtained, only the successors are eligible to apply for a legal heir certificate under property inheritance law. The legal heir certificate is a document required for recognising the legal heirs of a deceased person.
It can be used for the following purposes:
- For claiming insurance
- For processing the family pension of the deceased employee
- To receive dues such as provident fund, gratuity, etc. from the government
- To receive the salary arrears of the deceased