I have problems with my brother and his firmly who are trying to cheat me out of my inheritance. I live in US and don’t know about Pakistan laws. I would like legal counsel so I’m not cheated out of my inheritance. They are also taking advantage of my old father and his wife (my step mom) by living in his house rent free. He has indicated to me in the past that I have no share in my fathers inheritance . I just want to prove a point by protecting what’s due to me even if it’s $1 at end of day. I want to donate/spend all of it for my old parents. But I just need to prove a point for whats left of a moral compass in us humans. Evil vs good so to speak at end of the day. I would also like to be able to see my father without him or his family there. So was wondering if there is a cease and desist injunction I can file? Thankyou
Answer:
We understand your concerns regarding inheritance rights, alleged manipulation of your father, and interference by your brother and his family.
1) Ownership during Father’s Lifetime
Under Pakistani law, your father is the absolute owner of his house/property during his lifetime, if the property is in his name.
✅ No child can claim inheritance while the father is alive.
✅ Inheritance starts only after the death of the owner/father.
So, if your father is alive, your brother cannot legally take inheritance, unless:
- the father has gifted (Hiba) property in his lifetime, or
- property has been transferred by sale/transfer/mutation, or
- there is any fraudulent transfer.
2) Your Share in Father’s Inheritance
If your father dies leaving you (as his child), then as per Islamic law + Pakistani inheritance law, you will have a lawful share (unless disqualified under very rare legal grounds).
❌ Your father saying “you have no share” has no effect unless he has legally transferred his property in his lifetime.
3) Brother Living Rent-Free in Father’s House
If the house belongs to your father, then:
- it is your father’s choice who may live in his house;
- however, if your brother is pressurizing or forcibly occupying, legal remedy may be available.
4) If Brother is Cheating / Manipulating Father
If there is coercion, fraud or undue influence, legal options include:
- Suit for Declaration
- Cancellation of sale deed / gift deed if made through fraud or pressure
- Injunction (Stay Order) to stop illegal transfer/mutation
- Criminal complaint in extreme cases (fraud, cheating, threats)
5) Meeting Father Without Brother’s Interference
Yes, if your brother/family is unlawfully preventing you from meeting your father, you may seek:
- Injunction / Restraining Order from civil court
- Police complaint / application if harassment or threats exist
6) Cease & Desist / Injunction
In Pakistan, there is no “cease & desist” exactly like US law, but we can legally proceed through:
✅ Legal Notice to brother/stepmother (cease interference + no illegal transfer)
✅ Civil Suit + Temporary Injunction to restrain them
✅ Stay Order against transfer/mutation of property
Important Questions (to advise correctly)
To guide you properly, we need confirmation of the following:
- Who is the owner of the house/property?
- Is it your father’s own property (in his name)?
- Or is it in your brother’s / stepmother’s name?
- Is the property ancestral (from grandfather) or self-acquired by father?
- Has your father already made:
- Gift deed (Hiba),
- Will (Wasiyat), or
- Sale/Transfer/Mutation to brother/stepmom?
✅ Please note: Inheritance distribution starts only after father’s death. Until then, the property remains father’s and he may legally manage it.
Please Email as directly for more details at ask@paklawyer.com
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