Women’s right to inheritance in Pakistan is a fundamental yet frequently contested issue, especially for overseas Pakistanis who face legal complexities in securing their rightful shares. Despite constitutional and legal protections, many women encounter delays, resistance, and even unlawful deprivation of their inheritance rights. This guide explains women’s inheritance laws in Pakistan, steps to take when disputes arise, and legal resources available to overseas Pakistanis.

Understanding Women’s Inheritance Rights Under Pakistani Law

In Pakistan, women’s right to inheritance is protected by Islamic principles and statutory laws. The primary legal provisions ensuring women’s inheritance rights include:

1. Constitution of Pakistan (1973)

• Article 23: Grants every citizen the right to own and dispose of property.
• Article 24: Protects individuals from being unlawfully deprived of their property.
• Article 25: Guarantees equality before the law and prohibits discrimination based on gender.

2. Muslim Personal Law (Shariat) Application Act, 1962

• Ensures that Muslim inheritance matters are governed by Islamic laws, which entitle women to a specific share based on their relationship with the deceased (e.g., daughters receive half the share of sons, wives receive one-eighth if there are children, and mothers receive one-sixth).

3. Enforcement of Women’s Property Rights Act, 2020

• Empowers women to reclaim their rightful property through fast-tracked legal proceedings.
• Mandates government intervention if a woman’s inheritance rights are violated.

Challenges Faced by Women in Inheritance Matters

Despite legal protections, women—especially those living abroad—face significant hurdles in claiming their inheritance, including:

• Family resistance: Brothers or male relatives refusing to acknowledge a woman’s rightful share.
• Forged documents: Unlawful transfers and falsified property records.
• Lengthy legal battles: Court proceedings that drag on for years without resolution.
• Lack of awareness: Many women are unaware of their rights or fear retaliation from family members.

Where to Go When Property Disputes Are Not Progressing

Overseas Pakistani women facing delays or disputes in inheritance matters can take the following steps:

1. Legal Notices & Mediation

• Engage a lawyer to serve a legal notice to the opposing party.
• Attempt mediation through family elders or community figures.

2. Filing a Case in Civil Court

• If mediation fails, file a Partition Suit or Declaration Suit in the relevant Civil Court under the Code of Civil Procedure, 1908.
• The court can issue a decree recognizing the woman’s rightful share and ordering its division.

3. Approaching the Ombudsman for Women’s Property Rights

• Under the Enforcement of Women’s Property Rights Act, 2020, affected women can file a complaint with the Provincial Ombudsman for expedited resolution.

4. Reporting to the Federal Investigation Agency (FIA) for Land Fraud

• In cases of forged documents or illegal occupation, file a complaint with the FIA Cyber Crime Wing or Anti-Corruption Department.

5. Seeking Assistance from Pakistan’s Overseas Commission

• Overseas Pakistanis can contact Pakistan’s Overseas Pakistani Commission (OPC), which offers free legal help and intervention in property disputes.
• Official Website: Punjab Overseas Pakistanis Commission

Relevant Laws Protecting Women’s Inheritance Rights

• Muslim Personal Law (Shariat) Application Act, 1962 – Governs Islamic inheritance.
• West Pakistan Muslim Personal Law (Shariat) Act, 1962 – Enforces Islamic inheritance principles.
• The Prevention of Anti-Women Practices Act, 2011 – Criminalizes practices like depriving women of inheritance.
• Enforcement of Women’s Property Rights Act, 2020 – Provides fast-track legal intervention.
• The Qanun-e-Shahadat Order, 1984 (Law of Evidence) – Requires clear evidence in property disputes.

Key Legal Resources for Overseas Pakistani Women

1. Supreme Court of Pakistan – www.supremecourt.gov.pk
2. Ministry of Law and Justice – www.molaw.gov.pk
3. Pakistan Bar Council – www.pakistanbarcouncil.org
4. Federal Ombudsman for Women’s Property Rights – www.mohtasib.gov.pk
5. Overseas Pakistani Commission Punjab – opc.punjab.gov.pk

Conclusion

Women’s inheritance rights in Pakistan are constitutionally and legally protected, yet many still struggle to claim their fair share—especially overseas Pakistanis. Understanding the legal framework, available legal remedies, and relevant institutions can help women navigate the complex inheritance process.

If you or someone you know is facing inheritance disputes, Ace Law Pakistan can provide expert legal assistance to ensure a fair and lawful resolution. Contact us today to safeguard your inheritance rights.