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What is Disinherit or Aaq Nama, Legal Status and Procedure

What is Disinherit or Aaq Nama, Legal Status and Procedure

Disinherit or Aaq Nama has no legal value in Pakistan Legal System. It is unislamic and not part of our law. Even if a person gives an advertisement in the newspaper for aaq nama it has no value. The person named in the Aaq nama has full entitlement to the legacy of his parents and others from whom he can inherit property. However, a person can deprive his children from inheriting by gifting the property in his life to someone. However a person on the death bed can only gift up to 1/3rd of his property and the period for determination of death bed is 6 months.

Acording to the Islamic Law, such daughter or son would never be deprived from his / her legacy beacuse legacy is a right given by SHARIA Law in Islam. The father can use, destroy or dispose off his property in his own way but after his death, his legal heirs are entitled to get their shares according to Sharia. The only value of “Aaqnama” is that the father has no responsibility about the deeds of his son or daughter.

Disinherit or Aaq Nama is a term which occupies not much weight in the eyes of law, and the legal heirs of a deceased person gets the same shares in the property as ordained in sharia law. relinquish deed, may portray that some share holder give up or abandon his right of share voluntarily. (iii) conveyance deed is a deed for transfer of property(it can be of many types).

Disinherit or Aaq Nama Law Cases & Judgments: PLD 2013 LAH 464 , 2011 YLR 697

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