Who Is Legal Heir for Mother`s Property in Pakistan
Legal heirs may distribute property only after the deceased`s loans and other balances have been adequately settled. Death is an important and inevitable part of life, but have you ever thought that our grandparents and parents owned property? What will the scenario look like after that? In September 2018, Pakistan`s Ministry of Human Rights launched an awareness campaign to raise awareness among citizens about women`s inheritance rights as set out in Islamic jurisprudence and the Constitution. The awareness-raising campaign focused on article 23 of the 1973 Constitution, which stipulates that all citizens have the same right to acquire property, regardless of discrimination on the basis of sex. The ministry aimed to educate people about the religious and legal protection afforded to women in the country through this campaign.  Most sons or husbands in the direct line are entitled to twice as many shares as daughters. However, due to multiple religious sectors and affinities, it is not a concrete formula for the distribution of inheritance. This type of division of inherited property in Pakistan also extends to the number of descendants the deceased had during his lifetime, as well as to the direct lineage such as all brothers, sisters, mother, father and other relatives of the closed inheritance group. Under Sunni law, there are three types of legal heirs, sharers, residual relatives and distant families. The partners or heirs of the Qur`an are entitled to a fixed share of the inheritance. The residues are those that do not take a share, but are less than the rest that remains after the satisfaction of the claims of the partners. While distant relatives inherit if there are no partners or arrears. However, his children had filed a lawsuit in 2004 to claim their share of Khan`s property.
PCSW Senior Legal Counsel Imran Javed Qureshi said the commission receives the most calls from areas with higher female literacy rates. Lahore tops the list alongside Rawalpindi, followed by Faisalabad. “We also receive calls from remote areas such as Rajanpur, Layyah and Bhakkar,” he adds. “Women can call the hotline and share their case with a legal advisor who is represented day and night from their homes,” he says. Once the person informs us of the intricacies of the case and files a complaint, we register it and send the information to the relevant authorities, he adds. “The helpline serves as a bridge between women and the authorities,” he says.  The Property Inheritance Act in Pakistan is directly in line with religious thought and is therefore of great importance to all the general masses. These types of documents, as important as they are, always cause confusion because they are not properly documented for a wider audience. While Islamic and communal law promises equal rights for women, social practice does not provide such a guarantee.[ref. needed] In a survey conducted in January 2017 and published in a press release by the NGO AGHS Legal Aid Cell, 80% of women said they did not receive their legal share of inheritance.  According to Pakistan`s Muslim inheritance law, blood relatives are the legal heirs and sole heirs of any type of property left to them by their ancestors. All blood relatives who are direct descendants can receive their share once the owner of the property has died. If the heirs dispute the domicile or if it is not available, the judiciary depends on the location of the property. The District Civil Court or High Court usually deals with these inheritance issues if the assets are located in Pakistan. The real estate distribution procedure in Pakistan starts with two types of real estate. Inheritance is the right of an heir to inherit property after the death of an ancestor or something that can be legally transferred to an heir, according to William James Stewart.
According to research conducted by the National Commission on the Status of Women of the United Nations Development Programme (UNDP), the concept of heredity was developed centuries ago as a break with the habit of burying wealth, widows and slaves with the deceased and continuing to exist strictly under patriarchal domain.  An application for the comfort letter is made under section 278, while an application for the grant of the estate must be filed under section 276. Any reservation against such a request shall also be submitted to the Court of Justice. The court also has the power to hear the plaintiff in person, request additional evidence, and issue quotes to anyone with an interest in the property. Once satisfied, the court issues the letter of administration or succession under the seal of the court in accordance with sections 289 and 290 of the Act. Personal property can be given to anyone during the owner`s lifetime, and no one can dispute that. If a legal heir was alive at the time of the distribution or division of the property, but died after acquiring his or her share of the property, that part or property now belongs to the direct heirs of that first heir. “ Irrespective of any custom or custom, in all matters of succession (whether of succession or intestate intest), the special property of the woman……….
is Muslim personal law (Sharia) in case the parties are Muslim.” .