Multan Advocate

WRAASAT

INHERITANCE PROVISIONS IN PAKISTAN

Inheritance provisions in Pakistan depends on religious affinities. All persons of sound mind, regardless of their nationality or residential status, are entitled by law to inherit immovable and/or movable property in Pakistan, but the inheritance provisions depend on whether the deceased was a Christian, a Hindu, or a Muslim.
Within the Muslim category, the definitions of heirs, and their shares, are decided according to their sects and sub-sects, e.g. Cutchi Memon, Khoja, Sunni or Shia. The judiciary depends on the domicile of the deceased.
The competent judges to handle property and inheritance issues are those in the last domicile of the deceased. If this is contested, or unknown, then the judiciary depends on where the property is located. For property located in Pakistan, a Civil District Court, or a High Court, is competent to handle inheritance issues.
National laws may apply to non-Muslims domiciled outside Pakistan.
If a deceased foreigner is not a Muslim, and his/her national law states that the applicable inheritance law is that of the country where the deceased is domiciled, or the country where the deceased’’s property is located, then the laws of that country will be be applied in Pakistan. Consequently, if a Hindu or Christian with assets in Pakistan died whilst domiciled outside Pakistan, then in most circumstances the courts in Pakistan would distribute the assets according to the provisions of the foreigner’’s national inheritance law.
Muslims domiciled in or outside Pakistan must follow Muslim Law.
The courts in Pakistan in the matters of succession to the estate of a Muslim, can only apply Muslim inheritance law, irrespective of the domicile or nationality of the deceased. If a Muslim citizen of Pakistan dies whilst domiciled in foreign country, then the laws of his domicile can not be applied to his estate in Pakistan. The Muslim Law of inheritance in Pakistan is based on the following:
There is no concept of a will, and all shares are distributed to legal heirs by intestate succession.
The shares of the inheritance depend on the closeness of the relationship of the legal heirs to the deceased. blood relations have the closest ties. It is not possible here to provide a simple summary of how these shares are distributed. It depends on how many children, sisters, brothers, mothers, and other relatives the deceased person had, and it changes from case to case.
In most cases, a man’s share of the inheritance is twice that of woman’s. Any gift given by the woman’s fianc is her own, and her husband has no legal right to claim it, even after marriage. On marriage, she is entitled to receive a marriage gift called “Mehar” and this is her own property.
Muslim heirs acquire an absolute interest in specific shares of the estate of their ancestor, even before distribution. The time of distribution is not material. Succession opens at the position prevailing at the moment of death of the ancestor. ‘Vested inheritance’ may occur i.e. if an heir dies before distribution, but was alive at the ancestor’s death, the share of his/her vested inheritance passes on to his/her heirs.
Property can be donated during the lifetime of a Muslim. A Pakistani Muslim can freely give away any personal property before death. No one, including the legitimate heirs, can challenge this decision after the death of the donor.
If you are Looking for immediate Legal relief in your case may be your first legal weapon in a court of Law.
Ch Law Associates (Ch Shoaib Advocate Contact: 0300 2151013) helps both Bail Filing and opposition for our valued clients in all courts and have a track record of excellent results

SECOND MARRIAGE LAWS IN PAKISTAN

The Muslim Family Laws Ordinance, 1961 prescribed the law about polygamy, permission to second marriage and complaints.

POLYGAMY.

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :
Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.
COMPLAINTS

No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.
Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’
So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself