Inheritance law

The framework of inheritance law acknowledges a person’s right to get assets even if a will was not written or does not cover all the deceased person’s assets. The term Succession refers to the assets or properties of a deceased person left after the death. In this process after paying the debts on the deceased person the remaining estates and property of the deceased if distributed to those who inherit the property.

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Inheritance Law and Succession Law in Pakistan

Pakistan is a Muslim country so, in Pakistan Islamic Law of inheritance is implemented. Court implies the traditional Islamic rules of inheritance according to every Muslim Sect in the absence of any legislation on inheritance. Succession Act of 1925 and Muslim Family Law Ordinance 1961 under Section 4 acknowledge the rules and regulations regarding Inheritance Law and Succession Law in Pakistan.

Sunni Law of Inheritance

According to the Sunni Law of Inheritance, there are three types of legal inherits.

• Sharers
• Residuary
• Distant Kindreds.

For sharers or Quranic Heirs, there is a fixed share in inheritance. Residuaries receive residue in the presence of other inherits. In the absence of both sharers and residuaries, the only inherits are distant kindreds.

Shia Law of Inheritance

Shia Law of Inheritance classifies heroes into two groups.

• Sabab or Special clause
• Nasab or blood relationship

The Nasab or Blood relationship is further divided into three classes which are 

• parents, children, and lineal descendants, 
• grandparents, brothers, sisters, and their descendants
• Paternal and maternal aunts and uncles

In Shia Law of Inheritance, there are only sharers and residuaries.