INHERITANCE LAW

INHERITANCE LAW

BEST INHERITANCE & PROPERTY DISTRIBUTION LAWYERS | TOP LAW FIRMS ISLAMABAD PAKISTAN

INHERITANCE LAW IN PAKISTAN:

At Osmani Legal Firms, we are recognized as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan is among the Top Law Firms in Pakistan for handling matters related to inheritance and property distribution. The law of inheritance in Pakistan varies based on religious backgrounds, with specific rules for Muslims, Hindus, Christians, and others. For Muslims, inheritance is governed strictly by Islamic laws, where the estate is distributed among legal heirs according to their relationship with the deceased. Unlike other systems, Islamic law does not permit the complete transfer of property through a will to a single heir without the consent of the other legal heirs.

Each inheritance case is unique, with the distribution of property depending on various factors, such as the number of children, spouses, siblings, and other relatives. Osmani Legal Firms as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan, has a team of highly experienced lawyers who ensure that the distribution of assets is handled in compliance with Islamic principles, safeguarding the rights of all legal heirs.

 

ISLAMIC LAWS FOR PROPERTY DISTRIBUTION:

In Islamic law, property distribution among legal heirs is a fundamental right, ensuring that the decedent’s survivors, including spouses, children, and sometimes grandchildren, inherit property according to the statutory framework. This framework is influenced by whether the state follows the community property or common law approach to spousal inheritance. Community property typically includes assets acquired during marriage, income from employment, and any property bought with such income. However, certain assets, like gifts, inheritances received during marriage, or property acquired before marriage, are considered separate from community property. The Osmani Legal Firms, as as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan, contributes its fullest to provide in-depth and accurate guidelines after death of the testators, as this procedure is so complicated in some situation of cases.

 

SUCCESSION CERTIFICATE IN PAKISTAN:

To legally transfer a deceased person’s assets to their heirs, obtaining a Succession Certificate is crucial. The process for obtaining this certificate is governed by the Succession Act of 1925. Legal heirs can file for a succession certificate through two methods:

  1. Single Heir Petition: One legal heir, with the consent of all others, files a petition for the certificate. If all heirs agree, the court will issue the certificate to this petitioner, who is then responsible for distributing the property among the heirs.
  2. Joint Petition by All Heirs: All legal heirs collectively apply for the certificate. Upon verification, the court issues the certificate to each heir according to their respective shares.

At Osmani Legal Firms, as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan, we provide comprehensive legal services to ensure the proper issuance of succession certificates, Letter of Administration whether you are based in Pakistan or abroad.

 

SUCCESSION IN ISLAM:

Islamic law provides a structured procedure for the distribution of a deceased person’s property among legal heirs. If the legal heirs include minor children, the surviving spouse can obtain the succession certificate on behalf of these minors as their natural guardian. The law mandates the publication of the application in newspapers to invite any claims from other potential heirs. If no claims arise, the court grants the succession certificate to the petitioner. In cases where another claimant emerges, the court carefully examines the evidence before making a decision. The Osmani Legal Firms, as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan, provides state of the art guidance in these matters.

 

INHERITANCE DURING LIFETIME:

A Muslim individual has complete authority over their property during their lifetime and may donate it as they see fit. After their death, no one, including legitimate heirs, can challenge the donation. However, if the deceased is a non-Muslim and their national laws permit, the inheritance laws of their domicile or the location of the property may apply in Pakistan.

 

OUR LEGAL EXPERTISE:

At Osmani Legal Firms, we handle inheritance and property distribution cases at all levels, including Trial Courts, High Courts, and the Supreme Court. Our services include providing legal advice, representing clients in court, and offering complete consultancy services to both local and overseas clients.

 

INFORMATIVE VIDEOS ON ISLAMIC INHERITANCE LAWS:

We the Osmani Legal Firms, as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan have created a series of informative videos on YouTube covering topics such as Wills (Wasiyat) and Gifts (Hiba) in Islam and Pakistan. These videos are designed to educate the public on the legal intricacies of inheritance and property distribution according to Islamic principles. Subscribe to our channel and hit the bell icon to stay informed.

 

NADRA’S DIGITAL SUCCESSION CERTIFICATES:

NADRA has simplified the process of obtaining Digital Succession Certificates and Letters of Administration. Legal heirs can now receive these certificates within 15 days by applying directly to NADRA instead of going through lengthy court procedures. This service is currently available in Islamabad and is expected to expand to other cities in Pakistan and abroad.

APPLYING FOR A SUCCESSION CERTIFICATE THROUGH NADRA:

The procedure involves five simple steps:

  1. Application Initiation: The applicant submits their National Identity number, the deceased’s death certificate, and authorization from all legal heirs.
  2. Legal Heirs and Assets Details: Relevant details of the legal heirs and the deceased’s assets are provided.
  3. Verification and Consent: Legal heirs undergo biometric verification at NADRA’s Registration Center.
  4. Advertisement in Newspaper: NADRA publishes a public notice to ascertain any objections.
  5. Certificate Issuance: If no objections arise, NADRA issues the Succession Certificate or Letter of Administration.

For complex cases, where legal disputes arise, NADRA may issue a decline certificate and refer the matter to the courts to proceed. The Osmani Legal Firms, as the Best Inheritance & Property Distribution Lawyers | Top Law Firms Islamabad Pakistan, is here to assist you throughout this process, ensuring your legal rights are fully protected.

 

The Osmani Legal Firms, your premier legal firm based in Islamabad, Pakistan, founded by Ahmed Nawaz, Advocate. We provide legal services with the blend of Pakistani expertise and the highest international standards, with an approach of innovation and modernization for our valued clients.
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