Share of widow property inheritance rights for widow

Share of widow in property inheritance is a vested right of a widow

In Pakistan, a widow’s right to inherit her husband’s property is governed by the Muslim Personal Law (Shariat) Application Act, 1962, and the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962.

Conditions for Inheritance

1. Marriage: The widow must have been married to the deceased husband at the time of his death.
2. Death of Husband: The husband must have died intestate (without a will) or with a will that does not specifically exclude the widow from inheritance.
3. Property: The property in question must be the husband’s separate property, not joint property or property held in trust.

Share of the Widow

1. One-Eighth Share: According to the Muslim Personal Law, a widow is entitled to one-eighth (1/8) share of her husband’s property, provided there are no other heirs.
2. One-Fourth Share: If there are other heirs, such as children or parents, the widow’s share may be reduced to one-fourth (1/4) of the remaining property after the other heirs’ shares have been deducted.

Procedure to Claim Share

1. File a Petition: The widow must file a petition in the relevant court, usually the District Court or the Family Court, to claim her share in the husband’s property.
2. Provide Documentation: The widow must provide documentation, such as the marriage certificate, death certificate, and proof of the husband’s property ownership.
3. Establish Heirship: The court will establish the heirship and determine the share of the widow and other heirs, if any.

Important Notes

1. Time Limit: The widow must file the petition within the prescribed time limit, usually as early as possible from the date of the husband’s death.
2. Court Fees: The widow must pay the required court fees to file the petition.
3. Legal Representation: It is recommended that the widow seek legal representation from a qualified lawyer to ensure her rights are protected.