Question of the Day:
"AOA. Advocate Online.I hope you are doing great. I want to discuss one family property issue with you.My father passed away back in 2013 but grandfather died after my father at a age of 98 in 2015. But he had transfered his property with the rest of my uncles except my my father. My father didn't get anything in property. What we can do in such scenario? My father was also live when my grandfather was dividing his property. My father couldn't do anything ar that time and we were child at that time. Now my father and grandfather both are past away. Please suggest me anything. Can we still suit for declaration in civil court? Thanks in advance."
Answer of the Question:
Family property disputes can be complicated, especially when key family members have passed away, leaving unresolved inheritance matters. Such cases often raise legal and emotional challenges for the heirs. A common question that arises is whether the heirs can claim their deceased father’s rightful share in a family property if he was excluded from it during his lifetime. This article will address this question and provide practical guidance on how to navigate family inheritance issues under Pakistani law.
Understanding Inheritance Law in Pakistan
Inheritance in Pakistan is governed primarily by Islamic Shariah law, which ensures that every eligible heir receives a rightful share of the deceased’s property. According to Islamic law, children of a deceased person are entitled to inherit from their grandfather if their father was alive at the time of the property division.
In your situation, your father was alive when your grandfather divided his property among his other sons (your uncles). However, your father did not receive any share of the property. After your father’s death in 2013, your grandfather passed away in 2015. Now, as your father’s legal heirs, you and your siblings have a right to claim his share in the property through the courts.
Key Legal Concepts: Can You File a Suit?
The good news is that you can file a suit for declaration in the civil court to claim your deceased father’s share in the property. Such a suit is called a declaration suit and aims to declare that the property transfer was invalid or wrongful and that your father’s share must be restored to you as his legal heirs.
Here’s what you need to know before proceeding:
Legal Heirs' Rights
As your father’s legal heirs, you automatically step into his shoes when it comes to his inheritance rights. According to Islamic law, if a person passes away before receiving their share of an inheritance, their legal heirs can claim that share on their behalf.Limitation Period for Filing a Suit
In Pakistan, there is a specific limitation period within which inheritance cases can be brought before the court. In most property disputes, the limitation period is 12 years from the date when the right to the property was denied or when you became aware of the wrongful act. Since your grandfather passed away in 2015, you may still have time to file a case, depending on when you became aware of the property transfer and its unfair nature.Types of Legal Remedies Available
You can file a suit for the following legal remedies:- Declaration: To declare your father’s exclusion from the property division as invalid and claim his share.
- Partition Suit: To demand a fair partition of the property and distribute it according to Islamic inheritance law.
- Possession Suit: If someone else is in possession of the property, you may also file for possession to take control of your rightful share.
How to Prove Your Case in Court
To successfully claim your father’s share in the property, you will need to present solid evidence and follow the correct legal procedure. Here are some crucial steps:
1. Gather Documentation
The first step is to collect all relevant documents related to the property, including:
- Property transfer deeds or mutation records
- Your father’s death certificate
- Your grandfather’s death certificate
- Family registration documents (to establish your relationship with your father and grandfather)
These documents will help establish that your father was entitled to a share in the property and that you, as his legal heirs, have the right to claim it.
2. Consult a Lawyer
Property disputes are complex and require expert legal assistance. You should consult a lawyer who specialises in family property law and civil suits. A lawyer will help you draft a strong case, gather the necessary evidence, and represent you in court.
3. File a Declaration Suit
Your lawyer will file a suit for declaration on your behalf in the relevant civil court. This suit will request the court to declare your father’s exclusion from the property as unlawful and to grant you his rightful share.
The court may also appoint a commissioner to assess the property and ensure that it is fairly divided among the rightful heirs.
4. Responding to Defendants’ Objections
In most cases, the other family members (your uncles) may contest the suit and argue that the property transfer was valid. Be prepared for this and ensure you have all the evidence and legal arguments ready. Your lawyer will handle this process and respond to any objections raised by the defendants.
Challenges You May Face
Inheritance cases can be long and challenging, especially when family dynamics are involved. Some common challenges include:
- Family Resistance: Other family members may resist your claim and try to discredit your case.
- Document Unavailability: Sometimes, crucial documents related to the property may be missing or difficult to obtain.
- Legal Delays: Court cases in Pakistan can take time to resolve, so patience and persistence are essential.
Despite these challenges, pursuing your legal rights is important to ensure justice for your father and your family.
Why It’s Important to Act Quickly
Delaying action in inheritance matters can result in losing your right to claim the property. As time passes, it becomes more challenging to gather evidence and build a strong case. Therefore, it’s crucial to take legal action as soon as possible.
Remember that inheritance is your legal and moral right, and the courts in Pakistan are there to protect these rights. Filing a declaration suit may seem daunting, but with the right legal guidance and preparation, you can secure your family’s rightful share in the property.
Final Thoughts
In summary, if your father was excluded from his rightful share in the family property during his lifetime, you, as his legal heirs, can still claim his share by filing a declaration suit in the civil court. Ensure that you consult an experienced lawyer, gather the necessary evidence, and act quickly to protect your inheritance rights.
Family property disputes can be emotionally and legally complex, but justice is possible with the right approach. Don’t let time or opposition discourage you from standing up for your family’s rights.