In Pakistani law, an “Aaq Nama” (also spelled as “Aaknama”) is a disinheritance letter, often invoked to exclude a legal heir from their rightful inheritance. However, its legal standing is precarious because it contradicts the principles of inheritance as defined in Islamic law and the applicable statutes.
Legal Status of Aaq Nama
An Aaq Nama does not hold legal value for disinheriting a legal heir. The principles of Islamic inheritance law, which are constitutionally protected, dictate how property is to be distributed among legal heirs.
The transfer of Property Act and Registration Act also doesn’t recognize Aaq Nama. FARMAN BI Versus SAIDA and 31 others, 2005 YLR 1814.
Judgments Against Disinheritance Based on Aaq Nama
Several judgments have affirmed that inheritance rights are protected and cannot be easily subverted by undocumented or fraudulent means:
- In FARMAN BI Versus SAIDA and 31 others, 2005 YLR 1814, the court clarified that an ‘Aaknama’ is an invalid document for disinheriting a legal heir. The court emphasized that inheritance rights cannot be easily extinguished, and the limitation starts when a real threat to the title is posed.
- In M. YAQOOB Versus GHULAM RASOOL, 2011 YLR 697, the court held that the pronouncement of disinheritance does not disentitle a person from their share in inheritance.
- In Muhammad Nasir v. Mst. Taj Mina and others, 2023 CLC 1468, it was held that any legal heir who claims disinheritance carries a heavy burden to prove the same, as it goes against the law and the command of Allah Almighty.
Circumstances for Legal Deprivation of Inheritance
There are specific legal circumstances under which a legal heir may be deprived of inheritance, which do not include an Aaq Nama:
- Committing Qatl:
- According to The Pakistan Penal Code, Section 317, a person committing qatl-i-amd (intentional killing) or qatl shibh-i-amd (culpable homicide not amounting to murder) is debarred from succeeding to the estate of the victim.
Rationale: This provision prevents a person who has committed a grave offense against the deceased from benefiting from their death.
Conditions for Disqualification
- The act of qatl must be proven in a court of law.
- The disqualification applies only to the estate of the victim.
- Transgender Status and Inheritance:
- The Transgender Persons (Protection and Rights) Act, 2018, Section 7, ensures there shall be no discrimination against transgender persons in acquiring the rightful share of property as prescribed under the law of inheritance.
- The share of transgender persons is determined as per the gender declared on their CNIC.
- If the gender identity is ambiguous, the share of inheritance will be an average of two separate distributions for a man and a woman, .
Conditions for Determining Share
- For those under eighteen years: gender is determined by a medical officer based on predominant physical features.
- For those over eighteen years: the self-perceived gender identity determines the share.
Additional Considerations
- Benami Transactions:
- Legal heirs can claim their share in properties even if they are purchased in the name of another person (benami). Mst. NASIRA ANSARI and 2 others Versus Mst. TAHIRA BEGUM and 6 others, 1995 MLD 34
- Protection of Female Heirs:
- Courts ensure that female heirs are not deprived of their rightful inheritance, and any documents or actions aimed at disinheriting them will be closely scrutinized. Mst. AKSAR JAN and others Versus Mst. SHAMIM AKHTAR and others, 2025 SCMR 88.
Conclusion:
An Aaq Nama, by itself, is not a legally valid instrument for disinheriting a legal heir in Pakistan. The legal system relies on established laws of inheritance, primarily derived from Islamic law, which protect the rights of individuals to inherit property. Deprivation of inheritance is only permissible under specific, legally defined circumstances such as committing homicide, and even in such cases, due process must be followed.