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Inheritance and Succession

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What is Law of Inheritance and Succession?

When someone passes away, the law of succession decides how their belongings and property are shared amongst those left behind. This is inheritance. If the person had a will, it outlines exactly who gets what (beneficiaries). But if there’s no will (intestacy), the law dictates how things are divided based on family relationships (heirs). There are different legal systems for inheritance, with some places giving more freedom in wills (common law) and others relying more on pre-set rules (civil law).

It can get more intricate with religious laws or international assets, but the key takeaway is this: a well-written will helps ensure your wishes are followed, while a lawyer can guide you through the legalities for a smooth inheritance process.

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The process of issuing a succession certificate, along with related matters, is governed by the Succession Act of 1925, which applies across Pakistan. This act sets the rules and procedures for inheriting a deceased person’s property.

Typically, it takes about 2 months to obtain a succession certificate. However, if there’s opposition from a third party, the process can become more complex, potentially extending to 3 months or longer.

What is Succession Certificate?

In Pakistan, a succession certificate is a legal document issued by the court. It serves to identify the rightful inheritors of a deceased person’s movable assets, such as bank deposits, investments, or personal belongings. This certificate acts as official proof for banks and other institutions when distributing the deceased’s movable property to their legal heirs. Obtaining a succession certificate simplifies the inheritance process for rightful recipients and eliminates any confusion about who is entitled to these assets. It also protects against fraudulent claims by establishing clear legal ownership.

Requirements for Acquiring Succession Certificate

Process of acquiring a succession certificate can sometimes take longer due to court backlogs or case complexities. Consulting a lawyer specializing in Pakistani inheritance law is highly recommended to navigate the specific requirements and procedures for obtaining this important document.
  • National Identity Card (NIC) of the applicant.
  • Death certificate of the deceased.
  • National Identity Card (NIC) number (if available) of the deceased.
  • A letter of authorization from all legal heirs, allowing the applicant to file the application on their behalf (unless the applicant is the sole heir).
  • Details of all legal heirs, including their names, relationship to the deceased, and National Identity Card (NIC) numbers (if available).
  • Information pertaining to the deceased’s movable assets, including details like bank accounts, investments, vehicles, etc.
  • Depending on the specific situation, additional documents like a Family Registration Certificate (FRC) or property/asset documents might be required.

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FAQs

Inheritance and succession, while often used interchangeably, have distinct meanings. Inheritance refers to the actual act of receiving property or assets from a deceased person. Imagine a pie representing the deceased’s estate – inheritance focuses on who gets each slice (the beneficiaries). On the other hand, succession is the broader legal framework governing the entire process. It encompasses identifying rightful heirs, distributing assets, settling debts and taxes, and managing the estate before inheritance can take place.
Islamic law, also known as Sharia, has a well-defined system for succession called Mīrāth. Unlike wills, which are not mandatory in Islamic law, Mīrāth dictates specific shares for certain heirs based on their relationship to the deceased. The Qur’an outlines these shares, prioritizing certain relatives like spouses, children, parents, and grandparents.
Islamic inheritance (Fara’id) prioritizes close family. Fara’id assigns fixed shares to spouses, children, parents, and sometimes siblings based on their relationship (and sometimes gender). Debts and bequests are settled first, then the remaining estate is distributed according to these predetermined shares. Consulting a scholar specializing in Islamic inheritance law is recommended for specific situations.
The Quran establishes the core principles of Islamic inheritance law, known as Fara’id. This system ensures a fair and structured distribution of the deceased’s estate, prioritizing close family members.
To find the right lawyer, seek recommendations from trusted contacts for those experienced in these areas. Prioritize lawyers familiar with Fara’id. Schedule consultations to discuss your situation, its complexity, and Fara’id considerations. Choose a lawyer you feel comfortable with who clearly explains the process and answers your questions.

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