Inheritance is a legal concept that refers to the distribution of a person’s estate upon their death. This includes both movable and immovable property, as well as any benefits or assets the person may have had. In Pakistan, the law of inheritance is based on Islamic principles, which dictate how the estate of a deceased person should be divided among their legal heirs.
Understanding the Different Classes of Legal Heirs
When it comes to inheritance, there are different classes of legal heirs. The first class of legal heirs is known as Sharers. These are the immediate legal heirs of the deceased, including parents, widows or widowers, sons and daughters, and grandsons and granddaughters. The second class of legal heirs is known as Residuaries. These are not direct claimants in inheritance but have a right to a portion of the residue estate after the shares of the Sharers have been distributed. The third and final class of legal heirs is known as Kindreds. These are neither Sharers nor Residuaries but may have a right to inheritance if the deceased has left no Sharers or Residuaries.
Islamic Law of Inheritance in Pakistan
In Pakistan, the law of inheritance is based on Islamic principles. According to Islamic law, a widow is entitled to 1/8 of the estate of the deceased if they had children, and 1/4 if they did not. A widower, on the other hand, is entitled to 1/4 of the estate if the deceased had children, and 1/2 if they did not. The share of the parents of the deceased is 1/6 each.
After the shares of the widow/widower and parents have been determined, the remaining estate is divided among the children. Sons are entitled to 2 shares each, while daughters are entitled to 1 share each. If there are only daughters, the share ratio may be different and depends on the number of daughters. In cases where the deceased has not left any sons, the remaining estate will be distributed among the male relatives of the deceased according to a specific ratio outlined by Islamic law.
Key Takeaways
- Inheritance refers to the distribution of a person’s estate upon their death
- In Pakistan, the law of inheritance is based on Islamic principles
- There are different classes of legal heirs, including Sharers, Residuaries, and Kindreds
- A widow is entitled to 1/8 of the estate if the deceased had children and 1/4 if they did not
- Sons are entitled to 2 shares each, while daughters are entitled to 1 share each
- If there are only daughters, the share ratio may be different and depends on the number of daughters.