When a Muslim dies in Pakistan, their property does not pass by their wishes alone - it passes by a fixed system of shares laid down in the Quran and applied by our courts. This system, called Faraid, decides exactly who inherits and how much. This complete guide explains the governing law, the order of heirs, the fixed shares with real numbers, and the practical steps - from a succession certificate to a partition suit. It is also the hub linking to every individual share and topic. To model your own family's split, use our free Islamic inheritance calculator.
The law that governs inheritance
Inheritance for Pakistani Muslims sits on a small stack of statutes working together:
- Muslim Personal Law (Shariat) Application Act 1962 - makes Islamic law (Faraid) the rule of decision for succession among Muslims, overriding custom.
- Muslim Family Laws Ordinance 1961 - Section 4 gives orphaned grandchildren the share their pre-deceased parent would have taken.
- Succession Act 1925 - the court procedure for succession certificates, letters of administration and probate.
- Letters of Administration and Succession Certificates Act 2019 - lets NADRA issue certificates where heirs are agreed.
Sunni (Hanafi) and Shia heirs follow slightly different rules on residuaries and grandchildren - see our dedicated guides on Sunni (Hanafi) inheritance rules and Shia inheritance rules.
What comes out of the estate first
Before a single rupee is shared, four claims are settled in strict order from the deceased's total assets:
- Funeral and burial expenses - reasonable costs.
- Debts - all lawful debts of the deceased, including unpaid mahr owed to the widow.
- Bequest (wasiyyat) - a valid will, but only up to one-third of what remains, and not in favour of an existing heir unless the others consent. See the one-third will rule.
- Distribution to heirs - the remaining estate is divided by Faraid shares.
The fixed heirs and their shares
Heirs fall into two groups: sharers (Quranic heirs with a fixed fraction) and residuaries (asaba, who take what is left, sons being the main example). This table summarises the primary shares:
| Heir | Condition | Share |
|---|---|---|
| Husband | No children | 1/2 |
| Husband | With children | 1/4 |
| Widow | No children | 1/4 |
| Widow | With children | 1/8 |
| Father | With son / grandson | 1/6 |
| Father | No son (daughters only) | 1/6 + residue |
| Mother | With children or 2+ siblings | 1/6 |
| Mother | No children, fewer siblings | 1/3 |
| Single daughter | No son | 1/2 |
| Two or more daughters | No son | 2/3 (shared) |
| Son(s) with daughter(s) | - | Residue, son : daughter = 2 : 1 |
| Son(s) only | - | Whole residue (asaba) |
Key rule: where sons and daughters inherit together, each son takes double a daughter's portion - but a lone daughter or a group of daughters with no brother takes a fixed 1/2 or 2/3. Denying a daughter her share is unlawful and can be challenged in court.
A worked example
A man dies leaving a net estate of PKR 4,800,000 (after funeral costs, debts and any bequest). His heirs are a widow, one son and two daughters. Here is how it divides:
| Heir | Basis | Fraction | Amount (PKR) |
|---|---|---|---|
| Widow | Fixed share (children present) | 1/8 | 600,000 |
| Son | Residuary, 2 parts of 4 | 7/16 | 2,100,000 |
| Daughter 1 | Residuary, 1 part of 4 | 7/32 | 1,050,000 |
| Daughter 2 | Residuary, 1 part of 4 | 7/32 | 1,050,000 |
| Total | - | 1 | 4,800,000 |
The widow's 1/8 (PKR 600,000) is taken first; the remaining 7/8 (PKR 4,200,000) goes to the children as residuaries, split into four parts - two for the son, one for each daughter. Change the family and the maths changes completely, which is why our inheritance calculator is the fastest way to get an accurate split.
Orphaned grandchildren - Section 4
Under classical Hanafi law, if a son died before his father, that son's children (the grandchildren) were excluded by their surviving uncles. Section 4 of the MFLO 1961 changed this: orphaned grandchildren now inherit per stirpes the share their deceased parent would have received had they been alive. The provision remains contentious - it has been questioned before the Federal Shariat Court - but it holds the field and courts continue to apply it. See our detailed note on grandchildren and Section 4.
Claiming your inheritance: the procedure
Faraid tells you your share; procedure gets it into your name. The route depends on the type of asset:
| Asset type | Instrument needed | Where |
|---|---|---|
| Bank balances, shares, savings | Succession certificate | NADRA (if agreed) or civil court |
| Estate administration / debts owed | Letters of administration | Civil court |
| Land and immovable property | Mutation (inteqal) of inheritance | Revenue office / registry |
| Deceased left a will | Probate | Civil court |
Since the 2019 Act, NADRA can issue a succession certificate for movable assets - typically in about 15 to 30 days after a 14-day objection notice and biometric verification of heirs. NADRA will decline where a heir is a minor, an heir surrenders their right, property documents are missing, or heirs dispute the split - in which case you apply to the civil court. Compare the two routes in our guide on NADRA vs court succession certificates, and see letters of administration for larger estates.
When heirs disagree: disputes and remedies
Inheritance disputes are among the most common property matters in Pakistan. Typical problems and their remedies:
- An heir occupies or sells joint property alone - file a partition suit to divide the estate by metes and bounds among all co-sharers.
- A daughter or widow is excluded - a suit for declaration and possession; her right does not lapse merely through the passage of time.
- Land quietly mutated to one heir - challenge the mutation; a co-heir cannot defeat another's share through concealment or fraud.
- Forced or fraudulent transfer - seek cancellation of the deed and recovery of possession.
Our inheritance disputes and remedies guide walks through each remedy, and our family property dispute and inheritance and succession services handle these cases end to end. For overseas families, see cross-border inheritance for overseas Pakistanis.
Frequently asked questions
What law governs Muslim inheritance in Pakistan?
The Muslim Personal Law (Shariat) Application Act 1962 applies Islamic law (Faraid), supported by the MFLO 1961, the Succession Act 1925 and the 2019 succession certificates law.
How much does a widow get?
1/8 of the estate if there are children, or 1/4 if there are none. Multiple widows share that single portion equally.
Does a son really get double a daughter?
Only where they inherit together as residuaries. A sole daughter takes a fixed 1/2, and two or more daughters take 2/3 between them. See our daughter's share and son's share guides.
Can I leave everything to one child by will?
No. A will can cover at most one-third of the estate and not to an existing heir without the others' consent. The rest passes by fixed Faraid shares.
Do I need a succession certificate for land?
No - land passes by mutation (inteqal) of inheritance at the revenue office. Succession certificates are for movable assets such as bank balances and shares.
Can an heir lose their share by waiting too long?
An inheritance right is not easily defeated by delay, and fraud or concealment by a co-heir does not extinguish it - but act promptly to secure mutation and possession.