Inheritance Law in Pakistan
Inheritance law in Pakistan is being governed by the Succession Act of 1925 and the Letter of Administration and Succession Certificates Act of 2021.
The Succession Act of 1925 is a significant legislation in Pakistan that governs the inheritance and succession of property including Muslims, Christians, Hindu and other religions. It provides guidelines and procedures for the transfer of property to legal heirs after the death of the property owner.
Under this act, the property of a deceased person is distributed among the legal heirs according to the principles of Islamic law (if the deceased was a Muslim) or the personal law applicable to their religion (if they belonged to a non-Muslim minority).
Whereas, the Letter of Administration and Succession Certificates Act of 2021 is a more recent legislation that aims to streamline and simplify the process of obtaining a succession certificate or a letter of administration. It provides a framework for the application, issuance, and revocation of these certificates.
A succession certificate is obtained from the NADRA or the court, in the case may be, and establishes the legal right of the heirs to inherit and transfer the property
Succession Certificate Procedure in Pakistan
In Pakistan, claiming inheritance both including letter of administration for immoveable properties and succession certificate for moveable properties has been entrusted to the NADRA. But if NADRA refuses to proceed with the application due to any reason, then it will issue a Decline Certificate and the process will be filed in the civil court where any of the property or asset is located. Here is a step-by-step process for claiming succession certificate and letter of administration from NADRA and Civil Court from start to end.
Required Documents for Inheritance Claim
First step is to collect all the necessary documents related to the deceased, such as;
- Death Certificate
- Family Registration Certificate
- CNIC of Applicant
- Death certificate of legal heir (if any legal heir died)
- Property Documents
- Bank Account Details
- Special Power of Attorney (if required)
- And any other related documents including will etc.
Filing Application in NADRA
Second step is to file an application in NADRA by following the below mentioned steps;
- The applicant will need to prepare an application by providing his/her National Identity number, deceased person’s death certificate. The applicant will also provide the relevant details of legal heirs, and information pertaining to the moveable and immovable assets of deceased.
- All legal heirs and applicant will visit NADRA’s Registration Center for biometric verification and details provided by applicant will be verified.
- Afterwards, NADRA will publish the notice to the public at large in a newspaper for ascertaining if there are any objections on the particular application.
- If there are no objections after 14 days of publication of the notice in newspaper, a Succession Certificate/Letter of Administration will be printed and given to the applicant.
But in case of any objection due to non-appearance of any legal heir or incomplete information, lack of details etc. the NADRA will decline to proceed and issue a Decline Certificate.
Filing a lawsuit in Civil Court
After receiving a Decline Certificate the process needs to be filed in the Civil Court having jurisdiction. Following steps needs to be followed if the process is to be filed in court.
- Filing a petition in the civil court by attaching all the necessary documents.
- The court will issue notice to the public at large in the newspaper and to the defendant (if any).
- Thereafter court will pass direction to the claimants for recording of their statements on oath and exhibits the documents on the judicial record.
- If the court satisfy with the evidence, then the court will direct the claimants to submit a surety bond of equivalent amount of assets.
- After submission of surety bonds, the court will issue a succession certificate/letter of administration in favor of legal heirs.
Distribution of Assets
Once the succession certificate/letter of administration is issued by the court, the assets can be distributed among the legal heirs according to their respective shares.
- In case of bank accounts, all the legal heirs will visit the relevant branch of bank and file request for transfer of their respective shares.
- In case of immoveable properties, legal heirs have to visit the office of property registrar for transfer of share on their name by sanctioning mutation of inheritance.
Contact
- Islamabad Pakistan
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+92 3125252586
+92 3325252586 - info@tenyalaw.com noreply@tenyalaw.com
Succession and Inheritance Disputes in Pakistan
When it comes to succession and inheritance in Pakistan for overseas Pakistanis, there can be several family conflicts over inheritance of property that may arise.
- Disputes over Property Distribution: One common dispute involves disagreements among family members regarding the division of property and assets left behind by the deceased. This can be especially challenging when the deceased owned properties in different locations or when there are multiple beneficiaries involved.
- Disputes over Inheritance Rights: Inheritance rights can be a reason of dispute, particularly when there are conflicting interpretations of laws.
- Disputes over Guardianship: In cases where minors are involved, disputes can arise over the appointment of guardianship etc.
- Disputes over Overseas Assets: Overseas Pakistanis may have assets located outside of Pakistan, such as bank accounts, properties, or investments. Disputes can arise when determining how these assets should be distributed, especially if there are conflicting laws and regulations between Pakistan and the country where the assets are located.
- Disputes over Property Ownership: Dispute between legal heirs may arise over the ownership of specific properties, especially when there are multiple claimants.
- Disputes over Validity of Wills: If there is a will in place, disputes may arise regarding its validity. Family members may question the authenticity of the will or challenge that it was created undue influence.
- Disputes over Share of Inheritance: Legal heirs might disagree on the rightful share each individual should receive from the estate left behind. This can be due to differing interpretations of Islamic law or personal laws, or disagreements over the deceased’s intentions.
- Disputes over Valuation of Assets: Determining the value of assets, such as real estate, businesses, or investments, can be a reason of inheritance dispute. Legal heirs may have differing opinions on the fair market value which leads to disputes over the distribution of assets.
- Disputes over Debts and Liabilities: If the deceased had outstanding debts or liabilities, legal heirs may disagree on who should be responsible for settling them. This can lead to disputes over the allocation of funds from the estate to cover these obligations.
- Disputes over Undisclosed Assets: In some cases, legal heirs may discover the existence of undisclosed assets or accounts, which may lead to disputes over their addition in the estate and how they should be distributed.
- Disputes over Personal Belongings: Personal belongings such as jewelry etc. can be a cause of dispute among legal heirs. Disputes may arise over who should receive these items.
- Disputes over Succession Laws: Pakistan has different succession laws for different religions, such as Islamic law, Hindu law, Christian law, etc. Disputes can arise when family members have differing interpretations or beliefs regarding the applicable succession laws, leading to conflicts over the distribution of assets.
- Disputes over Business Succession: If the deceased owned a business, conflicts may arise over the succession plan. Legal heirs may have differing opinions on who should take over the management and ownership of the business, leading to disputes over its future.
- Disputes over Personal Loans and Gifts: If the deceased had provided personal loans or made significant gifts to family members during their lifetime, disputes can arise over whether these should be considered part of the inheritance or if they should be treated separately.
