By Bilal Saeed, Advocate (Punjab Bar Council), Lahore High Court and District Courts Lahore. Reviewed and last updated 28 June 2026.
This article is general information, not legal advice.
Freshness note: This guide reflects Pakistan's inheritance law as of June 2026. Always consult a lawyer to confirm your specific shares and how to enforce them.
Key Facts at a Glance
| Item | Detail |
|---|---|
| Who inherits | Fixed Sharia shares based on surviving family (spouse, children, parents) |
| Movable assets | Succession certificate from NADRA (bank, shares, financial instruments) |
| Immovable property | Mutation via sub-registrar (land, property) |
| Will limit | One-third of the estate only |
| Women's rights | Protected by law; denial is unlawful |
| Disputed shares | Partition suit in civil court |
| Governing law | Muslim Family Laws Ordinance 1961, Succession Act 1925 |
Key Takeaways
- Islamic law divides an estate by fixed shares based on who survives (spouse, children, parents) rather than the deceased's wishes
- Movable assets (bank accounts, shares) need a succession certificate; immovable property (land) needs mutation to transfer
- A Muslim will can dispose of only one-third of the estate; the other two-thirds pass by Sharia shares
- Women's right to inherit is legally protected; denial is an offence
- When heirs dispute, a partition suit in civil court enforces the rightful share
When does inheritance open?
Inheritance opens immediately on death. The moment the person dies, their estate comes under Islamic law of succession. The surviving spouse, children, and parents have a legal right to defined shares of the estate.
Until the estate is formally distributed, the property is held in the joint names of the legal heirs. This means no single heir can sell or transfer the property without the consent of the others until the inheritance is resolved and the title is clarified.
If the deceased left a will, the will applies only to one-third of the estate. The remaining two-thirds pass by Sharia shares regardless of what the will states.
How does Islamic inheritance (Sharia shares) work?
Under Muslim Family Laws Ordinance 1961 and Islamic law, the estate is divided by fixed shares. These shares are set by law, not by the deceased's choice. The exact shares depend on who survives the deceased.
The general rule and common scenarios
The following table shows the fixed Sharia shares in common situations. This is the general legal rule, but the exact distribution in your case depends on the specific heirs and should be confirmed with a lawyer.
| Survivor | Wife's share | Husband's share | Son's share | Daughter's share | Mother's share | Father's share |
|---|---|---|---|---|---|---|
| Children only | 1/8 | 1/4 | Double daughter's share | Single share | N/A | N/A |
| No children | 1/4 | 1/2 | N/A | N/A | 1/3 | 1/3 |
| Wife + 2 children | 1/8 | 1/4 | Sons double daughters | Daughters single share each | 1/6 | 1/6 |
| Only parents (no spouse, no children) | N/A | N/A | N/A | N/A | 1/3 | 2/3 |
Key principle: A son inherits double the share of a daughter. This is the fixed Quranic rule. For example, if the deceased left a son and a daughter (no spouse, no parents), the son gets 2/3 and the daughter gets 1/3.
Illustrative example
Suppose a man dies leaving a widow (wife), two sons, and one daughter. Under Sharia, the estate is divided as follows:
- Wife: 1/8 of the estate
- The remaining 7/8 passes to the children in the male:female ratio of 2:1
If the estate is worth 8 million rupees:
- Wife: 1 million rupees
- Two sons and one daughter share 7 million rupees in the ratio 2:2:1
- Each son: 2.8 million rupees
- Daughter: 1.4 million rupees
This allocation reflects Islamic law and is binding unless the heirs reach a different agreement with the consent of all parties. If any heir disagrees, a partition suit in civil court enforces the Sharia shares.
Movable vs immovable property: Two different processes
Inheritance of movable assets (bank accounts, shares, financial instruments) and immovable property (land) follow different legal processes.
Movable assets: Succession certificate
Movable assets are transferred via a succession certificate). This certificate is a court order issued under the Succession Act 1925 that confirms the heirs' legal right to receive the deceased's bank accounts, shares, investment accounts, and other financial instruments.
A succession certificate is obtained from the civil court or from NADRA (through the Succession Facilitation Unit) and submitted to the bank or financial institution. The institution then releases the funds to the heirs according to the inheritance shares. For detailed steps on obtaining one, see the guide on how to get a succession certificate in Pakistan.
Immovable property: Mutation
Immovable property (land and buildings) is transferred via mutation (intiqal) under the West Pakistan Land Revenue Act 1967. A mutation is an entry in the land revenue records that changes the recorded owner from the deceased to the heirs.
The mutation is filed with the sub-registrar or patwari (revenue officer) and requires proof of the heirs' legal right (typically a succession certificate or the death certificate, attested by the heirs' affidavit). Once the mutation is approved, the heirs' names are recorded in the land documents (jamabandi and fard). For detailed steps, see how to transfer property in Punjab.
Women's inheritance rights: A protected legal right
A woman's right to inherit is protected by the Muslim Family Laws Ordinance 1961 and by Islamic law. A daughter, wife, or mother is entitled to her fixed Sharia share. Denial of a woman's inheritance is unlawful.
If a family member denies a woman her share, she may file a partition suit in civil court to enforce it. The court will issue a decree dividing the property according to the Sharia shares and order the heirs to execute a deed transferring her share.
Wills and the one-third limit
A Muslim may leave a will (wasiyat) disposing of up to one-third of the estate. The remaining two-thirds pass by Sharia shares, and the will cannot override them.
Additionally, a bequest to a legal heir (someone who would inherit anyway) generally requires the written consent of the other heirs. For example, if a father leaves a will bequeathing extra property to one son, the other heirs must consent for the bequest to be valid. This is a safeguard to prevent disputes.
A bequest to someone outside the family (a non-heir) is valid if it does not exceed one-third of the estate and the other heirs do not object within a specified period.
For more on wills and how they compare to gifts and sales, see gift deed (hiba) vs sale vs will in Pakistan.
What is a partition suit?
When heirs cannot agree on how to divide the estate, a partition suit is filed in civil court under the Punjab Partition of Immovable Property Act 2012. This is a legal action that asks the court to divide the jointly held property among the heirs according to their Sharia shares.
A partition suit is the remedy when:
- One or more heirs refuse to agree to a division
- The heirs disagree on the value of the property or how to split it
- One heir is denying another heir's inheritance
The court will appoint a commissioner to assess the property, divide it fairly (either physically or by assigning separate portions or by sale and division of proceeds), and issue a decree confirming each heir's share. Once the decree is finalized, each heir can register their portion in their own name.
How a lawyer secures your inheritance share
In our Lahore practice, we help heirs in three ways:
First, we prepare and file the succession certificate application and support documents, ensuring the heirs are correctly listed and the application is complete.
Second, we draft and file the mutation petition with the revenue authority, ensuring the new owners' names are recorded in the land revenue books.
Third, if the heirs dispute the shares, we file and argue the partition suit in civil court, presenting evidence of the heirs' legal entitlement and pressing the court to order a fair division and transfer of title.
Throughout, we ensure the heirs understand their rights and that no family member is deprived of their legal share.
Frequently asked questions
How is property divided after death in Pakistan? Islamic law divides the estate by fixed shares based on the surviving family members. The spouse, children, and parents each receive a defined percentage. Movable assets (bank accounts, shares) are transferred via succession certificate; immovable property (land) is transferred via mutation at the sub-registrar's office.
What is a daughter's share in inheritance? A daughter receives half the share of a son. If the deceased left one son and one daughter (with no spouse or parents), the daughter gets 1/3 and the son gets 2/3 of the estate.
Can a son claim his father's property while the father is alive? No. Inheritance opens only on death. While the father is alive, he has absolute ownership and control of the property. A son has no claim until the father dies.
Can a Muslim will override Sharia shares? No. A will can dispose of at most one-third of the estate. The remaining two-thirds pass by fixed Sharia shares, regardless of the will. A bequest to a legal heir also requires the other heirs' consent.
Is denial of a woman's inheritance legal? No. It is unlawful. A woman's share is protected by the Muslim Family Laws Ordinance 1961. If denied, she may file a partition suit to recover her legal share.
What is the difference between a succession certificate and mutation? A succession certificate is an order from the civil court or NADRA confirming the heirs' right to receive movable assets (bank deposits, shares). Mutation is an entry in the land revenue records transferring immovable property (land) from the deceased to the heirs.
How long does it take to get a succession certificate and complete a mutation? A succession certificate typically takes 2 to 4 months from application to issuance. A mutation can take 1 to 3 months depending on the revenue authority's workload and whether there are disputes. A lawyer can expedite both processes.
What documents do we need to apply for a succession certificate? You will need the death certificate, the deceased's CNIC, the affidavits of the heirs (sworn statements confirming their relationship and the absence of other heirs), and proof of the movable assets (bank statements, share certificates, etc.).
Speak to an inheritance lawyer in Lahore
If you need to enforce your inheritance rights, secure a succession certificate, or file a partition suit, Saeed Law Firm has practised in Lahore since 1975. We offer a free initial consultation. Contact us or call +92-319-4959420. We serve clients in property law matters across Lahore and the Punjab.
Saeed Law Firm, Y Block Main Market, Sector Y, DHA Phase 3, Lahore 54793. Phone: +92-319-4959420.