Inheritance opens on death

Under Islamic law as applied in Pakistan, the estate devolves on the heirs at the moment of death. No one needs to transfer it to them – their entitlement arises automatically. What the paperwork does is give effect to a right that already exists.

The succession certificate

For movable assets – bank accounts, shares, provident fund – heirs typically require a succession certificate under Section 372 of the Succession Act 1925, or a certificate from NADRA under the succession certificate scheme. For immovable property, an inheritance mutation is entered in the revenue record.

Excluding daughters is unlawful

The most common inheritance dispute in Pakistan involves daughters and sisters being pressured to relinquish their shares, or being left out of the inheritance mutation altogether. A relinquishment obtained by coercion or without consideration is open to challenge, and limitation for such a challenge generally runs from the date of knowledge.

The informal settlement problem

Families frequently divide property by an oral understanding. It works until someone dies, sells, or falls out. Reduce any family settlement to a written, registered instrument that describes each share precisely. The cost of registration is trivial against the cost of the litigation it prevents.

If you have been excluded

The remedy is a suit for declaration and possession, with a challenge to any mutation or transfer effected in the meantime. Plead the date you learned of the exclusion, because limitation is the first defence you will meet.