Research History
2Query (Quick mode · English)
Distribution of ancestral property among daughters when deceased leaves no male issue.
Short Answer
Under Hanafi Islamic Law of Inheritance (Section 64 Mulla Law), where the deceased leaves only daughters (two or more) and no son, daughters collectively receive a 2/3 share of the net estate. The remaining 1/3 devolves upon agnatic residuaries (such as brothers or paternal nephews).
Legal Basis (Acts, Sections & Provisions)
Muslim Personal Law (Shariat) Application Act 1962Section 2
Governs inheritance rules for Muslims in Pakistan.
Relevant Case Law & Judicial Precedents
PLD 2021 SC 560Supreme Court of Pakistan (2021)
Suban v. Mst. Fatima
Holding: “Female legal heirs cannot be deprived of inheritance through fraudulent gift deeds or oral relinquishings.”
Supreme Court set strict standard of proof for alleged relinquishment of shares by sisters/daughters.
Legal Analysis & Application
Female heirs inherit fixed statutory Quranic shares. Any attempt to bypass female inheritance via unverified oral gift (Hiba) carries heavy onus on party alleging the gift.
Important Considerations & Exceptions
- •Application of West Pakistan Muslim Personal Law Shariat Application Act 1962.
- •Verification of family registration certificate (FRC) issued by NADRA.
Linked Statutory & Judgment Sources:
Mode:
Verified Authorities & Sources
ConstitutionOfficial Gazette
Constitution of Islamic Republic of Pakistan, 1973
Article 25
Art. 25 Const.
“All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the basis of sex alone.”