Inheritance lawyer in Pakistan
Registration and approval of inheritance conversion is a mere formality to update the official register, whereby all the legal heirs of the deceased become owners of the property within their share until they themselves dispose of their share or right and become co-owners of the Lawyer for Inheritance Disputes of the share, with no statute of limitations on inheritance cases running.
The Constitution of the Islamic Republic of Pakistan protects property (including inheritance) under Article 24(1) of the Constitution and protection of women and children is provided under Article 25(3) of the Constitution.
The Constitution establishes the goals defined by the people of Pakistan in the Directive Instructions, which include the protection of mothers and children (Article 35) and the call for “the promotion of social justice and the eradication of social evils” (Article 37).
Disinheriting a mother and child does not protect them, but harms them. Such treatment is a widespread social evil and inherently unjust.
State authorities and administrations must act in accordance with the policy principles set forth in Article 29(1) of the Constitution, and claims by orphans and widows claiming disinheritance must be promptly addressed by competent state authorities and administrations, including the courts.
Tax authorities should also pay special attention to alleged gifts aimed at depriving daughters and widows of their share of the inheritance.
Competent officials should establish the identity of the alleged donor/recipient and ensure strict compliance with applicable laws.
False gifts and other instruments aimed at depriving female family members, including daughters and widows, are against the law (in such cases, the Shariah), the Constitution, and public order.
Male family members often deprive their female relatives of their legal right to inherit, which is contrary to Shariah law and the law. Vulnerable women are also sometimes forced to relinquish inheritance rights in favor of male relatives. “Abandonment” of female family members is contrary to state policy and Sharia law.
It will be helpful to read the following passage from the Supreme Court of Pakistan’s decision:
From an Islamic perspective, the so-called “renunciation” of a woman’s inheritance is certainly a violation of “public order,” understood in the Islamic sense according to Islamic jurisprudence. Moreover, it should be noted that Islam permits, under certain strict conditions, many forms of conversion of certain types of property. Regarding one of the many ways of achieving this, almost all commentators on the Islamic system agree, albeit to varying degrees, that strict application of the law of inheritance is an important method recognized by Islam for achieving the circulation of wealth.
From this point of view, it is another goal of state policy. In other words, the disputed waiver of inheritance to which the plaintiff refers, even if proved against the defendant, must be regarded as a violation of public policy. Therefore, the defendant’s action in agreeing to the waiver (although the defendant denied it) was invalid because the agreement and contract constituting the waiver were contrary to public policy.
In accordance with Article 227 of the 1973 Constitution of the Islamic Republic of Pakistan, the principles of the Qur’an and Sunnah have been declared the supreme law of the land and all rules, regulations and norms must be framed within the framework of Islamic principles.
The following is a reference to Article 227 of the Constitution of the Islamic Republic of Pakistan
(I) All existing laws must be in accordance with the precepts of Islam laid down in the Holy Qur’an and the Sunnah, which in this section are called the precepts of Islam, and no law may be enacted which is contrary to these precepts.[Explanation:- In applying this Article to the personal law of a Muslim sect, the expression “Qur’an and Sunnah” means the Qur’an and Sunnah as interpreted by that sect].
(2) The provisions of subsection (I) shall have effect only as provided in this Part.
(3) Nothing in this Part shall affect the personal rights or citizenship status of a non-Muslim citizen.
Allah Almighty has instructed the Muslims to settle their disputes according to the principles of the Qur’an (Shariah). Every Muslim’s right of inheritance or share in his property.
are absolutely and definitively written down/defined in the Holy Quran and these shares are final in nature.
In this regard, the Holy Quran, particularly Surah al-Nisa, verses 7-11, whose English and Urdu translations (by Marmaduke Pickthall) are reproduced below, is recommended.
Verse 7: Men have a share in what their parents and near relatives have bequeathed, and women have a share in what their parents and near relatives have bequeathed, whether little or much. Legal share.
Verse 8: And if relatives, orphans and the needy are present at the distribution (division of the inheritance), give them something of it and speak to them with love.
Verse 9 And let them fear (in their conduct towards orphans) who, if they have left weak descendants, fear for them. So let them observe their duty to Allah and speak justly.
Verse 10: Those who unlawfully consume the possessions of orphans, they only consume fire in their bellies. And they will be exposed to the burning flames.
Verse 11: Allah commands you concerning provision for your children: to the husband the equal share of two wives, and if there are more than two wives, to them two-thirds of the inheritance, and if there is one, to him half. And to each parent one-sixth part of the inheritance, if he has a son; but if he has no son, and his parents are heirs, one-third to his mother; and if he has brothers and sisters, one-sixth to his mother, after she has made a will or paid a debt. Your parents and your children: ye know not which of them is nearer unto you in usefulness. This is Allah’s commandment. Allah is the All-Knowing, the All-Wise.