How Can I Claim My Share of Inheritance If Brothers Refuse to Divide Property After a Parent’s Death? (Pakistan Law Guide)
When a parent passes away in Pakistan, all legal heirs automatically become owners of the deceased’s property under Islamic Inheritance Law (as applied through Pakistani succession laws). But many people—especially daughters and widows—face a common issue: brothers or other male family members refuse to divide property or deny their rightful shares.
If you are going through this situation, this article explains your legal rights and the complete procedure to claim your share of inheritance in Pakistan.
Your Legal Right Is Protected – Even Without Asking Anyone
Under Pakistani law, your share is already yours by birth after your parent’s death. Nobody can block, sell, gift, or transfer the property without your written consent.
Islamic Law + Pakistani Succession Acts guarantee every heir a fixed share in the inheritance.
Step-By-Step Legal Procedure to Claim Your Share
Even if your brothers are refusing to divide the property, you can legally claim your share through the following steps:
✔ Step 1: Get the Death Certificate
Obtain a NADRA-issued Death Certificate of your deceased parent from the Union Council.
✔ Step 2: Apply for Legal Heirship & Succession Certificate
You must prove who the heirs are and what share each one has.
Where to apply?
✔ NADRA Succession Facilitation Center
✔ If disputed → Civil Court (Family/Guardian Court depending upon region)
This certificate shows:
All legal heirs (children, spouse, parents etc.)
Their percentage of share in property, bank accounts, assets, etc.
✔ Step 3: Issue a Legal Notice
Your lawyer will serve a Legal Notice to brothers demanding:
Division of property (Partition)
Your rightful possession of your share
Sometimes disputes resolve at this stage.
✔ Step 4: File a Partition Suit in Civil Court
If brothers still refuse, your lawyer will file:
📌 Suit for Partition & Separate Possession
under the Civil Procedure Code (CPC), 1908
The court will:
Determine shares of each heir legally.
Appoint a local commissioner to inspect property.
Order physical division of land/house OR
Order market valuation and sale, then distribute money.
This step legally separates your share so no one can deny or occupy it.
What If Brothers Are Enjoying the Property Alone?
You can also file:
Suit for Mesne Profits (compensation for the time they used your share)
Injunction to stop them from selling or transferring property
Common Documents Required
| Document | Purpose |
|---|---|
| CNIC of heirs | Identity proof |
| Death certificate | Confirms deceased |
| Family Registration Certificate (FRC) | List of heirs |
| Property documents (Registry, Inteqal, Fard) | Asset proof |
| House/land tax bills, utility bills | Confirmation of possession |
What If the Property Is Only on Brothers’ Name?
Even if:
brothers transferred property secretly
land record shows only their names
You can still challenge transfer as fraudulent, because inheritance rights cannot be waived without your consent.
Time Limit for Claiming Inheritance
There is NO limitation period in inheritance matters.
You can claim your share anytime, even after 10, 20, or 30 years.
Islamic Shares for Daughters and Sons
| Heir | Share Rule |
|---|---|
| Son | Gets double of daughter’s share |
| Daughter with brothers | Gets half of brother’s share |
| Only daughters | Get 2/3rd share collectively |
| Widow | 1/8th (if children exist) |
These are fixed Sharia shares applicable in Pakistan.
Cost & Duration
| Stage | Approx. Duration |
|---|---|
| NADRA Succession Certificate | 1–3 months |
| Partition Suit in Court | 6 months to 2 years (depending on dispute) |
Cost depends on property value and lawyer fees but court fees are minimal.
Important Legal Tips
✔ Do not sign any blank papers or stamp papers
✔ Keep certified copies of all property documents
✔ Hire an experienced civil lawyer
✔ Immediately file Stay Order if brothers try to sell property
Legal Powers of Court
After the decree, you can:
Request police assistance for possession
Get revenue record updated (Fard, Inteqal)
Built-up properties can be partitioned floor-wise/portion-wise
Final Words
No one has the right to deprive you of inheritance.
If brothers refuse to cooperate, Pakistani law fully protects you.
👉 Do not delay. Claim your share now.