0321-2770225.

Mon - Fri 09:00-17:00

BEST INHERITANCE | DISTRIBUTION OF PROPERTY LAWYERS | TOP LAW FIRMS KARACHI PAKISTAN

Inheritance, WILL & Probate Laws settlements

BEST INHERITANCE | DISTRIBUTION OF PROPERTY LAWYERS | TOP LAW FIRMS KARACHI PAKISTAN

The Law of inheritance in Pakistan is different for Muslims, Hindus, and Christians etc., keeping in view their respective religious background. In case of legal heirs of a Muslim deceased person, all shares of the estate or property are distributed according to Islamic laws. There is no concept of will, one cannot transfer or bequeath whole of property to any one legal heir through Will but consent of the other legal heirs are required. The share of every legal heir will depend upon the closeness of his/her relationship with the deceased. There is no universal formula to adopt but every case is different from other case. Share of property to respective legal heir depends upon the fact that how many children, wives, sisters, brothers and other relatives deceased had. The Osmani Law is a group of top lawyers and advocates. So, we can handle your issue by our team strengthening.

ISLAMIC LAWS FOR PROPERTY DISTRIBUTION:-

Inheritance law based on Islamic Laws for the Property Distribution among the Legal Heirs, governs the rights of a decedent’s survivors to inherit property. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies. Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods:

An inheritance or a gift.
Acquisition of the property prior to the marriage.
An agreement between the spouses to keep the property separate from the marriage community.

Succession Certificate:

When a person dies, a Succession Certificate is required to be taken from the Court of Law in order to transfer the assets/property of the deceased person among his legal heirs. All the procedure for Succession Certificate has to be followed in accordance with the Succession Act 1925.

How to obtain a Succession Certificate:

Legally, the application for obtaining a Succession Certificate can be filed by the legal heirs of the deceased person in the competent Court in two ways:

Firstly, one legal heir can file a petition with the consent of all the other legal heirs. During proceedings, all the legal heirs record their statements rendering No Objection for the issuance of succession certificate in favor of the Petitioner i.e. the legal heir who filed this petition. In such circumstances, Court would grant the Succession Certificate to one legal heir who would make himself responsible to distribute the property among other heirs afterward.

By the second way to obtain a succession certificate, all legal heirs collectively apply for Succession Certificate and upon satisfaction, the Court issue a Certificate to all of them according to their respective shares. The Osmani Law is a group of top lawyers and advocates. So, we can handle your issue by our team strengthening.

SUCCESSION IS THE PROCEDURE OF DISTRIBUTION OF DECEASE’S PROPERTIES AMONG THE LEGAL HEIRS IN ISLAM:

The Succession Certificate could be obtained by the widow of the deceased by filing a petition in the competent court. In case if the legal heirs of the deceased include minor children, his widow would be entitled to obtain the Succession Certificate on behalf of the minor children as their natural guardian. The Law stipulates that no one should be deprived of his / her legal rights. Keeping in view the same principle, when an application for granting Succession Certificate is filed before the Court, first of all, the Court issues orders to publish the case in newspapers to see if there are any other claimants of the deceased property. If no other claimant appears before the Court after such publication, then the Court grants the Succession Certificate to the Petitioner applied. In case, someone appears before Court and claim to be one of the legal heirs of the deceased, then the Court would have to decide the matter after going through the evidence regarding the claim.

——————————————————————–

For the proper guidelines of our valued Client, we made this YouTube video, which explains how a deceased person’s property is distributed under Islamic and Pakistani law. Legal heirs, including children, spouses, and parents, receive fixed shares. If heirs disagree on distribution, a Partition Suit can be filed in Court. The Court appoints a commissioner to divide the property or order its sale if necessary. Key documents like the Death Certificate, NIC’s, Family Registration Certificate, and Property Ownership papers are required for the process.

Please go through our YouTube video Link:

Distribution of deceased Property / Inheritance of Properties / Partition Suit in Court.

——————————————————————–

Inheritance of Property During the Lifetime:

A Muslim has an absolute right over his property during his lifetime and he can donate the same if he desires to do so before his death. After the death of such a donor, no one has a right to claim the same, even his legitimate heirs, cannot challenge his decision. When a Muslim citizen dies, the issues of Inheritance are to be adjudicated by those where the deceased is lastly domiciled. If this issue is challenging, or unknown, then such adjudication depends upon the location of the property. If a deceased foreigner is a non-Muslim, and the National Laws of his country permits the applicability of Inheritance Laws of that country where he is domiciled, or of that country where the deceased’s property is located, in that case the laws of that foreign country will be applicable in Pakistan.

We as a law firm deal with cases in Trial Courts, High Courts, and Supreme Court. We also provide complete legal directions and pathways on the subject in accordance with applicable laws. We are also providing complete consultancy to Pakistan and overseas clients. The Osmani Law is a group of top lawyers and advocates. So, we can handle your issue by our team strengthening.

——————————————————————–

We made informative video clips for our valued Clients regarding WILL / Wasiyat in Islam & Pakistan on YouTube,

In this video, We explained the Islamic principles and legal requirements for a valid WILL (Wasiat). The key points covered include:

Islamic Guidelines on Wasiat: A person can make a will for up to 1/3 of their estate for non-heirs, but the remaining 2/3 automatically goes to legal heirs as per Islamic inheritance laws.
Legal Validity: The will should be clear, written, and witnessed to avoid disputes after death.
Restrictions & Conditions: A will cannot override the Quranic shares of legal heirs. Any deviation must have consent from all heirs.
Process of Making a Will: Steps include identifying assets, specifying beneficiaries, appointing an executor, and getting witnesses.
Court Recognition & Practical Tips: The importance of registering the will and ensuring it aligns with Pakistani law for smooth execution.

This video provides valuable guidance on making a legally and Islamically valid Wasiat, ensuring fairness and avoiding conflicts among heirs.

Please go through our YouTube video Link:

How to make an effective WILL / Wasiat in Islam | اسلام میں درست وصیت کیسے کریں

——————————————————————–

We made informative video clips regarding GIFT / HIBA in Islam and Pakistan on YouTube.

In this video, We explained the concept of Gift (Hiba) in Islamic law and Pakistani legal system. Key points include:

Definition of Hiba: A voluntary transfer of property from one person to another without expecting anything in return.
Essential Conditions: (1) Declaration by the donor, (2) Acceptance by the donee, and (3) Possession/Transfer of the gifted property.
Islamic Perspective: Hiba must be immediate and unconditional, and the donor must have full ownership of the property.
Legal Aspects in Pakistan: Under Pakistani law, verbal gifts are valid but should ideally be documented to avoid disputes.
Difference Between Hiba & Wasiat: Hiba takes effect during the donor’s lifetime, while Wasiat (Will) applies after death.
Court Recognition: If challenged, a valid Hiba must be supported by witnesses and evidence of transfer of possession.

The video provides clear guidance on how to properly execute a gift in Islam and Pakistan, ensuring its validity and avoiding legal complications.

Please go through our YouTube video Link:

GIFT OR HIBA IN ISLAM AND PAKISTAN | اسلام میں درست گفٹ کیسے کریں

——————————————————————–

In this video, We discussed the legal inheritance rights of grandchildren whose parent passed away before the grandparent. The key points covered include:

Islamic Law & Pakistani Law: Explaining whether grandchildren are entitled to a share in the deceased grandparents’ property.
Representation Principle: How inheritance laws allow the children of a predeceased son or daughter to inherit the share their parent would have received.
Supreme Court & Legal Precedents: Highlighting important court decisions on this matter.
Practical Advice: Guiding families on legal procedures to claim inheritance rights.

This video provides clarity on an important inheritance issue, ensuring justice for grandchildren in property distribution.

Please go through our YouTube video Link:

INHERITANCE OF PROPERTY /SHARE OF PREDECEASED CHILDREN.

——————————————————————–

The Supreme Court of Pakistan has issued a significant ruling regarding Daughters’ Inheritance rights. In this case, a daughter claimed her rightful share in her deceased father’s property after several decades. The Hon’ble Supreme Court of Pakistan not only upheld her claim but also imposed a fine on the sons for depriving her of her inheritance for such a long period of time. This judgment reinforces the legal obligation to distribute inheritance fairly and highlights the consequences of delaying a rightful heir’s share.

Please go through our YouTube video Link:

Supreme Court ka big faisla | سپریم کورٹ آف پاکستان کا بڑا فیصلہ

——————————————————————–

NADRA begins issuing Digital Succession Certificates and Deeds

Legal heirs can get certificates within 15 days by applying directly to NADRA instead of courts

CIRCULAR

Simplification of Procedure for Issuance of the

Letters of Administration/Succession Certificates

Upon the death of any family member, legal heirs languish in courts for years before they are able to obtain Letters of Administration (for immovable properties) and Succession Certificates (for movable properties). Now without going to the Courts, the legal heirs can obtain Letters of Administration or Succession Certificates, as the case may be, through a quick five-stage process facilitated by Succession Facilitation Units operated by the National Database Registration Authority. Presently, one Facilitation Unit is operative in Islamabad dealing with properties/assets in the Islamabad Capital Territory (ICT) only. Shortly, NADRA will establish many more Succession Facilitation Units in other cities of Pakistan.

The Applicants have to submit a simple application form after which NADRA will issue a public notice in leading local newspapers and on its website. Where no objections are received within fourteen days, the legal heirs whether in Pakistan or abroad (London, Manchester, Birmingham, Bradford, Jeddah, Riyadh, Medina, Dubai, Abu Dhabi, Doha) can visit their local NADRA office in Pakistan or the Pakistan Missions abroad, as the case may be, in the above-mentioned cities and conduct bio-metric certification. Once verification of the legal heirs is complete through bio-metrics, a Succession Certificate or Letter of Administration will be issued in Applicant’s favor. Apart from the abovementioned cities, the Government at the earliest is creating bio-metric verification centers in many other cities of the world.

The procedure for applying for the Letters of Administration/Succession Certificates is as follows:

Step 1:

Application Initiation: The applicant will provide his/her National Identity number, deceased person’s death certificate, and National Identity number. Along with the application, the Applicant shall submit a letter of authorization from all the legal heirs to file an application on their behalf.

Step 2:

Legal Heirs and Assets Details: The applicant will provide the relevant details of legal heirs, and information pertaining to the moveable and immovable assets of the deceased.

Step 3:

Verification and Consent of Legal Heirs: All legal heirs mentioned by the applicant will visit NADRA’s Registration Center for biometric verification and details provided by the applicant will be verified.

Step 4:

Advertisement in Newspaper: NADRA will publish the notice to the public at large for ascertaining if there are any objections to the particular application.

Step 5:

Printing and Delivery of Certificate: If there are no objections after 14 days of publication of the notice, the Succession Certificate/Letter of Administration will be printed and given to the applicant.