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Inheritance Law · Faraid · Pakistan

Mother Share in Inheritance in Pakistan Explained

Does a mother get one-sixth or one-third of her child's estate? This guide sets out both fixed shares, the exact conditions that decide which applies, the special spouse-plus-parents rule, and a worked example in rupees.

Muhammad July 10, 2026 ~7 min read
Quick answer: A mother is a fixed Quranic heir who is never excluded from inheritance. She takes 1/6 of the estate if the deceased left any child, or a grandchild through a son, or two or more siblings. In every other case she takes 1/3. In the special spouse-plus-parents case, she takes 1/3 of what remains after the spouse's share.

When a Muslim in Pakistan dies, their estate is divided under the fixed shares of Faraid, the Islamic law of inheritance. The mother is among the most protected heirs: unlike siblings or grandparents, she can never be shut out. What can change is the size of her share, which is set at either one-sixth or one-third depending on who else survives. This guide explains exactly which share applies, walks through a real-rupee example, and covers the special cases that trip families up. For the full framework, read our complete guide to Islamic inheritance law in Pakistan.

The two mother shares: 1/6 or 1/3

The mother is a sharer (Quranic heir), meaning the Holy Quran fixes her portion rather than leaving it to residue. There are only two possible fractions:

  • One-sixth (1/6) - the reduced share, applied when there are descendants or multiple siblings.
  • One-third (1/3) - the fuller share, applied when there are neither.

She is never fully excluded (never subject to hajb hirman). The most that happens is her share is scaled down from 1/3 to 1/6. This puts her in a stronger position than a father, whose share can shift between a fixed portion and a residuary claim.

When each share applies

Two questions decide the mother's fraction. First, did the deceased leave a child or a grandchild through a son? Second, how many siblings survive?

She takes 1/6 if either is true:

  • The deceased left a child (son or daughter) or a grandchild through a son; or
  • The deceased left two or more siblings (full, consanguine or uterine brothers and sisters), even where there is no child.

She takes 1/3 only if both are true:

  • There is no child and no grandchild through a son; and
  • There is one sibling or none.

Note the sibling trap: a single brother or sister does not cut the mother down, but the moment there are two or more siblings her share falls to 1/6, even though those siblings may inherit nothing themselves. The siblings "screen" the mother without taking her portion.

Mother's share at a glance

Use this table to place any real situation. Assume the mother survives the deceased in each row:

Who else survivesMother's share
Any son or daughter of the deceased1/6
Grandchild through a son (no living child)1/6
Two or more siblings, no children1/6
One sibling only, no children1/3
No children and no siblings1/3
Spouse + father only, no children (special case)1/3 of the residue after the spouse

Worked example in rupees

Take an estate worth PKR 12,000,000 (after funeral costs, debts and any valid bequest). A man dies leaving a widow, his mother, two sons and one daughter. Because children survive, the mother takes 1/6:

HeirShareAmount (PKR)
Widow1/81,500,000
Mother1/62,000,000
Two sons + one daughter (residue, shared 2:2:1)Residue8,500,000
Each son2 of 5 parts3,400,000
Daughter1 of 5 parts1,700,000

Now change the facts: the same person dies with no children and no siblings, leaving only a mother and father. The mother takes 1/3 (PKR 4,000,000) and the father takes the residue of 2/3 (PKR 8,000,000). The presence of children alone moved the mother from 4 million down to 2 million. To model your own family, use our free Islamic inheritance calculator.

The special spouse-plus-parents case

There is one classical exception every family should know, the Umariyyatain (attributed to the caliph Umar ibn al-Khattab). It arises when the only heirs are a spouse and both parents, with no children and no screening siblings. Here the mother does not take 1/3 of the whole estate; she takes 1/3 of what is left after the spouse's share. Two versions:

HeirsSpouseMotherFather
Husband + mother + father1/21/6 of estate (1/3 of residue)1/3 (residue)
Wife + mother + father1/41/4 of estate (1/3 of residue)1/2 (residue)

So where a woman dies leaving a husband and both parents, the husband takes 1/2, the mother takes 1/3 of the remaining half, which is 1/6 of the whole, and the father takes the rest. Outside this narrow spouse-plus-both-parents scenario the ordinary 1/6 or 1/3 rule applies as normal.

How it works in Pakistan

Muslim inheritance in Pakistan is governed by the Muslim Personal Law (Shariat) Application Act 1962, which applies Faraid to the estate of a deceased Muslim, alongside the reform in Section 4 of the Muslim Family Laws Ordinance 1961 for predeceased children's issue. Sunni (Hanafi) and Shia heirs follow slightly different residuary rules, but the mother's fixed 1/6 or 1/3 is common ground across both; see our note on Sunni Hanafi inheritance rules.

To actually collect the share, the mother (with the other heirs) obtains a succession certificate for movable assets such as bank balances and shares, or letters of administration for the wider estate. Since 2021 NADRA issues succession certificates for uncontested cases, while disputed matters go to the civil court, explained in our guide to NADRA versus court succession certificates. Immovable property then passes by mutation in the land record. Where relatives try to deny the mother her portion, the remedy is a suit for declaration and partition; read inheritance disputes and remedies.

Frequently asked questions

How much does a mother inherit in Pakistan?

She takes 1/6 of the estate if the deceased left a child, a grandchild through a son, or two or more siblings; otherwise she takes 1/3. She is never fully excluded.

When does the mother get 1/3?

Only when there is no child or grandchild through a son and the deceased left one sibling or none. Two or more siblings reduce her to 1/6 even without children.

Can a single brother reduce the mother's share?

No. One sibling does not affect her. It takes two or more brothers or sisters to screen the mother down from 1/3 to 1/6.

What is the Umariyyatain case?

Where the only heirs are a spouse and both parents, the mother takes 1/3 of the residue after the spouse's share, which comes to 1/4 or 1/6 of the whole estate.

Can a mother be denied her inheritance?

Not lawfully. She is a primary Quranic heir. If relatives withhold her share, she can sue for declaration and partition to recover it.

Do daughters count the same as sons for this rule?

Yes. Any child, son or daughter, drops the mother to 1/6. The rule depends on a child existing, not on the child's gender.

Muhammad

Inheritance and succession lawyers at LegalPK, helping families across Pakistan calculate Faraid shares, obtain succession certificates, and resolve estate disputes. This guide is general information, not legal advice; individual estates vary, so confirm your position with a lawyer.

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