If a person Dies with wealth 20 million wealth Need to calculate
wealth distribution to his inhertents accoring to pakistan's
constitional law Number of Children 5 MALE , 2 female ( 1 Deceased
Male Child who has one daughter) Wife - 2 ( First already Died ,
second Wife with no CHild) Any further info required to calculate
each individual's share of inheritance
To calculate the inheritance shares according to Islamic inheritance law
(Sharia), which is constitutionally applied in Pakistan, we need to follow
certain principles and rules. Here's a structured breakdown and the
information required:
Key Information Already Provided:
1. Total wealth: 20 million PKR
2. Children:
o 5 sons
o 2 daughters
o 1 deceased son (who has 1 daughter)
3. Wife:
o First wife (deceased)
o Second wife (no children)
4. Grandchild:
o 1 granddaughter (daughter of the deceased son)
Additional Information Required for Accurate Calculation:
1. Parents of the deceased: Are the deceased's father or mother
alive? This impacts the shares.
2. Debts or Liabilities: Any unpaid debts, loans, or obligatory charity
(e.g., zakat) must be paid off before distributing the inheritance.
3. Wasiat (Will): Did the deceased make a will? Up to one-third of the
estate can be distributed as per the will, provided it is not given to the
legal heirs.
4. Gifts during lifetime: Were any assets distributed as gifts during the
deceased’s lifetime? These need to be accounted for.
5. Other relatives: Are there any siblings of the deceased (e.g., brothers
or sisters)?
Assumptions Without Additional Information:
1. The deceased has no living parents.
2. No outstanding debts or liabilities.
3. No will (wasiat) was made.
4. No other relatives (siblings, etc.) impact the inheritance.
Wealth Distribution Breakdown:
Islamic inheritance rules, based on Quranic injunctions (Surah An-Nisa),
distribute shares as follows:
1. Wife’s Share (Second Wife):
o A wife gets 1/8th of the total wealth if there are children.
20,000,000×18=2,500,00020,000,000 \times \frac{1}{8} =
2,500,00020,000,000×81=2,500,000
2. Remaining Wealth after Wife’s Share:
o Total after deducting wife’s share:
20,000,000−2,500,000=17,500,00020,000,000 - 2,500,000 =
17,500,00020,000,000−2,500,000=17,500,000
3. Children’s Shares:
o The sons get double the share of the daughters.
o Formula: 2x2x2x for each son and xxx for each daughter.
o Total shares: (5×2x)+(2×x)=12x(5 \times 2x) + (2 \times x) =
12x(5×2x)+(2×x)=12x
o Share per son: 17,500,000×212=2,916,66717,500,000 \times \
frac{2}{12} = 2,916,66717,500,000×122=2,916,667
o Share per daughter: 17,500,000×112=1,458,33317,500,000 \
times \frac{1}{12} = 1,458,33317,500,000×121=1,458,333
4. Deceased Son’s Share:
o If a son dies before his father, his children inherit his share.
o The deceased son's share (as one of the sons) =
2,916,6672,916,6672,916,667.
o The granddaughter inherits this full share because there are no
other descendants from him.
Final Shares:
1. Second Wife: 2,500,000 PKR
2. Each Living Son (5 Sons): 2,916,667 PKR
3. Each Daughter (2 Daughters): 1,458,333 PKR
4. Granddaughter: 2,916,667 PKR (as she inherits her deceased
father's share).
1. Relevant Law: Muslim Family Laws Ordinance, 1961
Under Section 4 of the Muslim Family Laws Ordinance, substitutionary
inheritance is explicitly provided. This section states:
"In the event of the death of any son or daughter of the propositus
before the opening of succession, the children of such son or
daughter, if any, living at the time the succession opens, shall per
stirpes receive a share equivalent to the share which such son or
daughter, as the case may be, would have received if alive."
Explanation of Section 4:
1. Substitution Principle:
o If a direct heir (e.g., a son or daughter) predeceases the parent
(propositus), the deceased’s children step into their place and
inherit their share.
o The inheritance is divided per stirpes, meaning it is based on
the deceased son or daughter’s entitlement if they were
alive.
2. Application to the Deceased Son and His Daughter
(Granddaughter):
o In this case, the deceased son would have received a son’s
share (double the share of a daughter) if he were alive.
o Since he is deceased, his daughter (granddaughter) inherits
his entire share. There are no other children of the deceased
son, so she gets this amount entirely.
2. Share Calculation with Reference to the Law
1. Deceased Son’s Share as a Son:
o Total sons = 5
o Total daughters = 2
o Formula for division: 2x2x2x per son and xxx per daughter.
o Deceased son’s share = 2,916,667PKR2,916,667
PKR2,916,667PKR (as calculated earlier).
2. Granddaughter’s Inheritance:
o Under Section 4, the granddaughter inherits this share in full
because she is the sole heir of her deceased father.
Supporting Quranic Reference
This law aligns with the Quranic injunctions in Surah An-Nisa (4:7, 4:11),
which state:
"For men is a share of what the parents and close relatives
leave, and for women is a share of what the parents and close
relatives leave, be it little or much - an obligatory share."
This establishes the fixed shares and the principle of inheritance
through substitution (when direct heirs are deceased).
Legal Precedence in Pakistan
The Pakistani courts have upheld the principle of substitutionary inheritance
in various cases. Here’s an example:
Case Example:
In the case of "Rehmatullah vs Gul Nawaz (PLD 1992 SC 82)", the
Supreme Court ruled that the children of a predeceased son are
entitled to inherit their parent's share through the principle of
substitution under Section 4.
Final Conclusion: Precedence
Under the Muslim Family Laws Ordinance, 1961 (Section 4), and the
principles of Sharia (Surah An-Nisa 4:11), the granddaughter of the
deceased son will inherit her father’s full share (2,916,667 PKR). This
reflects both constitutional law and Islamic injunctions.