Cheated Out of Your Inheritance? Here’s How to Fight Back in Pakistan

Author

Abdul Azeem

LLB (Hons) LLM

Cheated Out of Your Inheritance? Here’s How to Fight Back in Pakistan

Inheritance laws in Pakistan, based on Islamic principles, aim to ensure a fair share for all rightful heirs. But what happens if another heir tries to hide assets or exclude you altogether? Here’s how to fight back using both Islamic and Pakistani legal tools.

Islamic Law: Justice Through Fairness

Islamic law considers concealing inheritance a serious offense. Here’s how it addresses the issue: Who Needs to Prove What?: The burden of proof falls on the accused heir. They must justify their actions with evidence, while the wronged heirs can present their case to challenge the deception. Restoring What’s Rightful: Islamic law mandates returning rightful shares to wronged heirs. This means recalculating the inheritance based on accurate information and ensuring everyone receives their fair portion. Mediation First: Islamic law encourages resolving disputes peacefully. A trusted family member or Islamic scholar can mediate to ensure justice and maintain family harmony. The Qadi’s Role: If mediation fails, the case goes to a Qadi (Islamic judge) who will examine evidence, hear testimonies, and issue a ruling based on Islamic principles to rectify the fraud and distribute the estate justly. Pakistan’s Legal System: Upholding Islamic Principles

Pakistan’s legal system offers specific remedies for fraudulent concealment

  1. Legal Notice  This is the first step, demanding the rightful distribution and disclosure of all estate information.
  2. Filing a Lawsuit If the notice fails, aggrieved heirs can file a lawsuit detailing the fraud and seeking a fair distribution.
  3. Court Proceedings Both parties present evidence, and the court may investigate the estate and rightful heirs. Landmark cases like 2022 SCMR 1647 and 2022 SCMR 13 serve as precedents for upholding Islamic inheritance principles.
  4. Criminal Charges In severe cases involving forgery or fraud, criminal charges can lead to fines or imprisonment.
  5. Restitution and Compensation The court may order the return of stolen assets and, in some cases, compensate for financial or emotional losses caused by the fraudulent acts.

Contact us for further information

Understanding both Islamic and Pakistani legal systems is crucial for addressing inheritance fraud. Islamic law emphasizes justice and reconciliation, while Pakistan’s legal system provides structured remedies. By leveraging both, rightful heirs can reclaim their inheritance and ensure the deceased’s wishes are respected.   Our panel of skilled Lawyers in Pakistan specializes in civil cases in Pakistan and offers personalized advice and robust legal solutions.

  • AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site.
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