Almost everything written about inheritance in Pakistan describes the Islamic law of succession. For Christian, Hindu, Parsi and other non-Muslim Pakistani families, much of it simply does not apply — and families are frequently told otherwise by people who have never had cause to look.
The differences are substantial, and they favour careful planning.
Different personal law applies
The estate of a non-Muslim Pakistani is governed principally by the Succession Act 1925, together with the personal law applicable to the community, rather than by the Islamic law of inheritance.
Two consequences matter more than any others.
There is no one-third limit on bequests. The restriction confining a Muslim testator to bequeathing one-third of the estate, and requiring the consent of other heirs for a bequest to an heir, does not apply. A non-Muslim testator has substantially wider freedom to dispose of their estate by will.
Intestate shares are calculated differently. Where there is no will, the distribution among a spouse, children and other relatives follows the rules applicable under the Succession Act and the relevant personal law — not the Islamic fixed shares. Widows and daughters are not in the same position they would be under Islamic succession, and it is a mistake to assume either that they are better off or worse off without checking the actual rules.
Because of the first point, making a will is far more effective for a non-Muslim family than for a Muslim one. Families who assume a will is pointless in Pakistan — a reasonable assumption for their Muslim neighbours — are giving up the single most useful planning tool available to them.
Hindu family law
Hindu succession in Pakistan involves further considerations, including questions of joint or coparcenary property where that applies, and the effect of the Hindu Marriage Act 2017 and related legislation on marriage registration and status.
Where a family's arrangements go back generations without documentation, the first task is usually establishing what the position actually is rather than advising on what to do about it.
Parsi succession
The Succession Act contains provisions dealing specifically with Parsi intestates, with their own scheme of distribution. For a small community holding significant long-held property, precision here matters considerably.
The practical problems families face
Documentation. Marriage, birth and death records for minority communities are sometimes incomplete, registered late, or held only by a church or community institution. Because succession proceedings require proof of relationship, gaps surface at the worst moment.
Regularise these while the people who can attest to the facts are alive. It is far easier than proving a marriage from 1974 after both parties have died.
Identity records. Inconsistencies between a baptismal certificate, a CNIC and a title deed obstruct any grant or transfer. See what to do when your CNIC is blocked.
Community and trust property. Property held by or for a church, temple, gurdwara or community trust — and property historically held informally in an individual's name for community use — is a recurring source of dispute and of encroachment. Establishing title and putting proper trusteeship in place is protective work worth doing before there is a problem. See setting up a trust, waqf or NGO.
Conversion. Where a family member converts, questions arise about which law governs their estate and their marriage. These are genuinely complex, they arise more often than families expect, and they should not be resolved by assumption.
Emigration. Many non-Muslim Pakistani families now have heirs abroad, which adds the cross-border layer — see making a will with assets in two countries and selling inherited property from abroad.
Getting the estate distributed
The mechanics are broadly the same as for any estate: a succession certificate for movable assets, letters of administration where there is no will, and probate where there is one — followed by mutation of property records.
What differs is the substantive law determining who takes what, and the evidence required to establish relationships.
Where there is a valid will, probate makes the process considerably more straightforward than an intestacy — which is the practical argument for making one.
Practical advice
Make a will, properly drafted and executed. For a non-Muslim Pakistani this is genuinely effective, and its absence is the main reason these estates end up contested.
Regularise the records now — marriage, birth and death registration, and consistency across identity documents.
Establish title to family and community property, and document trusteeship.
Tell the family what has been done. Secrecy predicts litigation in every community.
Take advice specific to your community's law. General guidance on Pakistani inheritance is usually guidance on Islamic succession, and applying it to a Christian, Hindu or Parsi estate produces the wrong answer.
How the firm can help
We advise non-Muslim families on succession under the Succession Act and the applicable personal law, draft and execute wills, obtain probate, letters of administration and succession certificates, and effect mutation.
We also act in the contested matters that arise — establishing relationships where records are incomplete, recovering community and trust property that has been encroached upon, and partition among heirs.
The firm has practised in Karachi since 1959 and has acted for families across the city's communities throughout. Contact the firm — and if you have been told that a will is of no use in Pakistan, that advice may well not apply to you.