Under the laws of inheritance in Pakistan, legal heirs automatically become entitled to immovable property upon death of owner. Procedure of transfer of property after death of owner to legal heirs in discussed herein below for advance knowledge.
Inheritance law in Pakistan in directly dependent upon Islamic principles which offer distribution of share in immovable property of deceased owner to legal heirs, depending on the closeness of relationship with deceased owner. Example is this regard is that the blood relation is deemed to have closed relationship like Sons and daughter of deceased. It may not be possible to discuss all the relations here as several factors are determinable to declare a relation entitled for devolution of property of deceased owner.
It is important to point out here that owner before the opening of succession i.e in his life time can transfer the immovable property in name of any person, body or organization by sale or gift. Upon the transfer of property by owner in name of any person, legal heirs upon death of owner become disentitled to claim any interest in such property.
Transfer of property in name of legal heirs upon death of owner of property is not possible without issuance of inheritance certificate, locally known as the Declaration of legal hiers. Upon the issuance of declaration of legal heirs, property can be transferred in their name and not otherwise.
What is Inheritance Certificate?
The inheritance certificate, or Declaration of legal heirs, is basically a decree of the Court in which legal heirs are declared by the Civil Court. Obtaining declaration of legal heirs from Civil Court is of crucial importance upon death of owner of property in Pakistan.
Governmental and Private Housing Authorities are mandatorily required to incorporate legal heirs only after issuance of declaration of legal heirs by the Civil Court.
How can you Acquire Inheritance Certificate?
To seek Declaration of legal heirs from Civil Court require that a suit for declaration be filed before Civil court in jurisdiction of which the property of deceased owner is situated. Documents required for issuance of Declaration of legal heirs are as follow:
• Death certificate of deceased owner
• CNICs of the Legal Heirs
• Family Registration Certificate from NADRA
• Publication in 2 widely circulated newspapers
• Deposing of statement before Civil Court
• One independent Witness
• Mutation/Registry/allotment or transfer letter of Immovable Property
The process requires that professional lawyer be appointed to file a suit in the Civil Court. Lawyer upon understanding in detail the facts and circumstances of the case, file the suit for declaration in Civil Court and details therein the Shares of each legal heirs to which extent each legal heir is entitled to property.
Civil Court after notice to Housing authority or Revenue authority as the case may be, record both oral and documentary evidence of legal heirs, after which the Decree for Declaration of legal heirs is issued by the Civil Court.
Our expert Inheritance lawyers have ample experience to obtain Declaration of legal heirs from the court. We understand the insecurity of our clients and handle their case with complete professionalism. Lawyers at Hamza and Hamza Law Associates are fully reliable and outmost professional who obtain the inheritance certificate or decree of declaration of legal heirs from the Civil Court in 3-4 hearing maximum.