Inheritance & Partition

Inheritance Under Islamic Law

Inheritance in Pakistan is governed by the personal law of the deceased, which for the majority of the diaspora is Islamic law (Sharia). The transfer of inherited property involves two distinct legal steps that must be completed to secure the rights of all heirs.

Our team ensures that all legal heirs, including women, receive their rightful share as prescribed by law, protecting families from disputes and fraudulent claims.

1. Succession Certificate

For movable assets such as bank accounts, shares, and investments.

• Application to NADRA or Court
• Enables transfer of bank funds
• Digital certificate now available

2. Warasat Mutation

For immovable property such as land, houses, and plots.

• Application to Revenue Department
• Family tree verification via FRC
• Updates Jamabandi records

Tamleek (Hiba/Gift) Transfers

"Tamleek" describes the transfer of property by way of a gift (Hiba), frequently used by parents to transfer land to their children during their lifetime. Under Islamic law, three essentials must be fulfilled for a Tamleek to be valid:

Declaration (Offer)

The donor must express a clear intention to gift the property

Acceptance

The person receiving the gift (donee) must accept it

Delivery of Possession

The donor must physically hand over the property to the donee

⚠️ Fraudulent Tamleek Warning

A significant portion of property litigation involves fraudulent Tamleek mutations, where an oral gift is recorded in revenue records without the donor's actual consent or without true transfer of possession. Courts have consistently held that a mere entry in the mutation register does not override the requirement for physical delivery of possession.

Partition Suits

When inherited property is held jointly by multiple heirs and they wish to divide it into individual shares, a Partition Suit may be required. The jurisdiction depends on the nature of the property:

Property Type	Court	Process
Agricultural Land	Revenue Court	Summary inquiry by Tehsildar
Constructed Property	Civil Court	Full trial with evidence
Mixed Holdings	Civil Court	Comprehensive adjudication

Protecting Women's Inheritance Rights

Women's right to inheritance is enshrined in both Islam and Pakistani law. However, cultural practices often result in women being pressured to forgo their share. Our team ensures:

• All legal heirs are identified through NADRA Family Registration Certificate (FRC)
• Warasat mutations include all entitled parties
• Legal challenges to exclusionary practices where applicable

Inheritance Matters?

Whether you need to process a Warasat mutation, challenge a fraudulent Tamleek, or initiate a partition suit, our team provides end-to-end support.

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Required Documents

✓ Death Certificate of deceased
✓ Family Registration Certificate (FRC)
✓ CNIC/NICOP of all heirs
✓ Fard-e-Malkiat (ownership record)
✓ Power of Attorney (if applicable)

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