Succession Certificate in Pakistan
When a person dies, Succession Certificate is required in order to transfer property of deceased person to his legal heirs such as bank accounts, insurance amount, stocks, bonds, Shares etc. Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate.
Application for succession certificate can be filed in the court in two ways.
First way it that legal heir can file application in the court with the consent of other legal heirs. During preceding all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other hairs.
Second method to obtain succession certificate is that all legal heirs apply for succession certificate and court issue certificate to all of them according to their share.
Now a very important question arises that in which court this application should be filed. It should be filed in the civil court of the area where decreed person was residing. If deceased person’s permanent residence is not clear or he used to live at different places then the application should be filed in court where property of deceased situated.
After filing of application court issues orders to publish the case in newspapers that if there are any other claimant of property of deceased they come and contest the case. If no one appears before court after publication in newspapers then succession certificate is issued to the applicant. If someone appears before court as legal hair of deceased then court decides the matter after evidence.
A widow can obtain the succession certificate by filing application in competent court and if deceased left minor children then widow can file application as their natural guardian.
Succession laws in Pakistan and Succession Certificate in Pakistan are important but awareness about succession laws in Pakistan is not up to the mark.
Succession Certificate Act 2019
Letter of Administration and Succession Certificate Act 2019 is passed by the National Assembly of Pakistan, which authorized the NADRA to issue Succession Certificates and Letter of Administration. Click here to read more about this new law and download the complete PDF file of new law.
Omar Farooq says
Dear Mr Jibran!
My father died in Saudia Arabia in 1997. After his death we could manage to transfer agriculture land in Chakwal and Rawalpindi and further dispose it off. We are 5 brothers and sisters and our mother as legal heirs. Now when we approach a local society in Lahore, Raiwand area for transfer of plot he demanded sucession certificate whereas as per my knowledge Sucession cert is required only for movable property and Legal heir cert is required for IMMOVABLE Property. We are in processs of obtaining legal heirship certificate from Islamabad courts.
Please advise
Jibran Jamshed says
Dear Omar Farooq
Succession certificate is required for movable property and if your father left some Movable property then the legal course for you is to go to Revenue officer (Patwari) and after his satisfaction he will transfer the property to the name of legal heirs of your father. If you are in the possession of that property than its all good but if you are not in possession of property then you have to file civil suit. As far as your plot is concerned you need heirship certificate for that purpose.
Qandil says
MY FATHER DIED…NATIONALY NATIONAL SAVING CENTER PBA IS NOT TELLING US THE AMOUNT IN ACCOUNT OF MY FATHER…NOW WHAT SHOULD WE DO …GO TO CIVIL COURT OR SUBMIT APPLICATION TO MANAGER OF BANK?
LAURA says
Hello
Our family resides in the UK my mother recently passed away. My father is too ill to travel to Pakistan. How can he access my deceased mothers bank account Pakistan. Would really appreciate your advice.
Admin says
@Laura
First you need to contact with that bank, they can tell you their requirements for that, after that i can advise you further
regards
Umme sokaina says
Hi,
My phopho died 3months back, she adopted me when i was 2 years old (family kinda adoption ) she was a civil servant and now i’m a single mother of 1child . Family is agreed upon transferring my mama’s pension to me what legal procedure is required to attain it .?
I’ll be highly thankful for any helping reply
Tasib says
Hi admin.
We are 4 brothers 1 sister and mother live in uk. Father died and left some agrecultural land in pakistan.
The inheritance mutation (waraasti intaqaal) is not done yet.
We want to sell the land.
Can 1 person get spercial power of attorney made from uk and sell it?
Or is there a way to sell it without even going to pakistan??
Many thanks
Admin says
@Tasib
You need to get special power of attorney from that one heir who is living outside Pakistan
Kawish says
Respected admin,
If 5persons are legal heirs in a immovable.property and the property is moved to thier names and one legal heir is a minor .if they want to sell what is that property how can they get noc for sale from court
Admin says
@Kawish
In that case they need to get permission from the Guardian of Minor or Guardian of his property
lubna adv says
For moveable proprty u can apply for letter of adminstration
Qandil says
Kindly tell me moveable property is car or amount in banks??
Admin says
Car is movable property
Yasir says
Asslam o Alaikum,
My father passed away in 2017. He has Bank Account and Properties.. Please guide me below in getting succession certificate:-
1- Is there any Commission report.
2- How many Advertisement in newspaper incase he has multiple plots .like 3-4 properties & Bank accounts in DHA. [Detail answer required].
3- Is there any Court fee on plots or Bank Accounts.
4- Separate Succession for Bank Account and Separate Succession for Properties.
Regards,
Yasir
rafaqat ali says
Dear Mr.Jibran
my mother has died in rawalpindi where as she was residing with me permanently at hydrabad.my one of brother is settled their, she has some immoveable property at rawalpindi,beside some lones were due on him at hydrabad due to her permanent residence at hydrabad.value of lones etc are more than value of property which were paied by one of my brother.should i apply for succession certificate or any other process to distribute her propperty after payment of lones.it is mater of 10 years ago,what about the value of property and share of brother who paied lone,please advise
Admin says
Dear Mr. Rafaqat
Whenever Muslim male or female die, all his property movable or immovable transferred to his legal heirs but after the payment of loans of that person. In you case you are saying that loans of you mother are more in value than her property so in that case all property should be sold out and then loans should be paid to creditors.
But if value of property is greater than outstanding loans than remaining property must be distributed among all the heirs of you mother. In that situation you should file suit in proper court if your brothers are not giving you your due share in property.
With regards
Malik Jibran Jamshed Awan Advocate High Court Multan
Z. A. Ali says
My father had two families, both the family know existence of each other. One of his daughter lives in UK where my father had a business. He closed his business and transfered money to his personal account. Just before he could divide, he died with a heart attack. I am in touch with the bank and a lawyer in UK.
I am in pursuit of succession certificate for a year now. My lawyer is just making lame excuses that we need this we need that, court is closed, judge is on leave; list goes on.
Can you please tell me how can I obtain succession certificate? I am tired of lawyers, and I do not have enough money to pay lawyers.
I live in Karachi, and concerned court is District East Court. I know you are based in Multan, but I am sure you can advice well.
Thank you
Admin says
MR. Ali your problem is not legal one because you already engaged lawyer and your case is in progress. if you have any problem with your lawyer change it.
as far as the legal process is concerned for succession certificate you have to file a suit in the court. it may take long time due to slow process of Pakistan legal system but within 6 months it should be decided.
Fahad says
My father passed away recently and he left a house and 1 plot behind which are in his name. We are 4 brothers and 3 sisiters. My mother decided to sold plot which is in my father name. Can you advise me how can we sold our father land property in sialkot. What is the procedure to get all legal requirement for sialkkt citizens. Thank you
Admin says
@Fahad
File a suit in civil court and get succession certificate in the name of your mother and then she can sale it
Kashif says
AoA Jibran,
My brother an army officer shaheed few months back how and who and where do I apply for this certificate so bank accounts can be issued to his wife .. Kashif
Admin says
dear kashif
you have to file suit in civil court of your area and after that legal heirs of your brother can get the money in bank account.
the case is simple in nature and order can be obtained withing one or two months depends upon the skills of your lawyer
hope you get the required information
lubna adv says
U should apply for succession certificate in civil court which declare ur brother heirs and by this way they can take allownces
faheem says
Whether succession certificate is required to be obtained to settle claims like family assistnce pckhage,pension, benvevolent fund and group insurance GP Fund, leave encashment etc of a deceased government servant who died while in service
faheem says
Aoa,
My father has been died during ex-pakistan leave. I am of the view that since pension, GP Fund and Benevloent fund are not tarka hence not divisible among leagal heirs and claiming them does not require succession certificate. Please if I m correct or otherwise
lubna adv says
Ap letr of adminstration k leye aply krsktain hain
Admin says
@Lubna
thanks for your reply and advice on this forum
we really appreciate it
tariq says
what is the legal value of bank account nominations…is the amount and savings certificates transferred to the nominees? or they are divided according to succession certificate.
Sohail says
Dear sir
What is the procedure for withdrawal of amount in PBA account National saving center in case of death of account holder
And If more then 1 legal heirs and not agree on nominee
Admin says
@Sohail
you need to get Succession certificate for this
Umme sokaina says
This rule no longer exists.
M.AZAM.KHAN says
with thousands apologies, in case, bank account is in National saving center,there is no need any Succession certificate and nominee need to direct contact with bank manager with death certificate of account holder and a affidavit with two witness with photograph matter will be settled same day.
Jibran says
What is the General Power of Attorney. My father died but before that he gave power of attorney to my brother to put our house on rent. Now can my brother sell the house without taking any consent from rest of the family. Moreover, for succession certificate do all of us siblings have to appear in court physically.
Admin says
No Your brother cannot sell it
and yes all of siblings have to appear in court physically
Qandil says
what is the legal value of bank account nominations…is the amount and savings certificates transferred to the nominees? or they are divided according to succession certificate.
Saba Ali says
I need to obtain succession certifcate after the death of my father. But I am told that I need to specify the amount present in the bank account for which Im obtaining the certificate. Is it right that I need to disclose the exact amount in my father’s bank account to obtain the certificate?
Regards
Saba
Karachi
Administrator says
@saba ali
yes it is right you need to specify the exact amount and then you can obtain it.
tariq mahmood says
you should send a legal notice to the bank concerned advising to furnish information regarding your father’s account. i.e. amount lying in the account etc.
Adnan says
Dear, I need to know in a situation where a man died, left behind a widow and two children(minor), having bank balance of Rs 4 million.
What will be the procedure for the disbursement of that money and how much is the share of the widow and the children and is there any amount blocked by the court in case of minor heirs.
Administrator says
@Adnan
Mother is guardian of minors and she will be entitled with all money because minors are in her custody she is their guardian after death of father.
simply file suit in civil court and obtain the degree then mother will get all the money.
regards
Jibran Jamshed Awan Advocate
Awan Law Associates Multan
Adnan says
Dear Jibran,
thx for quick reply…. here i have contacted with an advocate he told me that 1/3 of the amount will be granted to mother rest will be kept by the court till the majority of the children is this the correct way .. plz guide
Rafay says
Dear Jibran,
My father had 2 marriages & and he died 2 years ago, My mother got divorced & then my father married a women just 8 months before his death. He was a govt. employee & didnt leave any will before his death. Now there are only 2 heirs left that is me & my ex-mother (didnt mention my mother as she is divorced). Welfare dept. of my father’s office say that you have to give us the succession cert in order to get the GP fund,pension graduaty etc etc. because there is a dispute between me & my ex-mother. Now please guide me that how & from where can i obtain a Succession Cert. as my father lived in rent houses & he kept changing them till his death. Secondly after giving the Succession Cert. to Welfare Dept. Will i get my share separately ? If yes then will it be greater/lesser than my ex-mother’s share or will it be divided equally ? (Because according to Shariah Law i get 87.50% out of 100%)
Please reply as soon as possible
Thanks
Administrator says
@Rafy
you have to file civil suit in order to obtain the succession certificate. one you get the succession certificate you can get your share. you step mother will get 1/8 part of all the belonging of your father and you will get remaining.
Regards
Jibran Jamshed Awan Advocate
Awan Law Associates Multan, Pakistan
AMRA says
My father died in karachi and own a bank account in which he has some money. What is the simplest leagal process to get the money out of the account. Does all successor needs to be physically present for this process. Please advise
Administrator says
@Amra
you have to file suit in civil court in order to obtain succession certificate from the court. Presence of heirs required during the evidence in the court
regards
Tanzil u Rehaman Khan Advocate
Awan Law Associates Multan
Asif says
Dear-
Thank you for running such informative and updated website.
I have a question for you.
My father died couple of years ago. I have one special adult brother (mentally retarded). I want to ask you how can we manage to sell the property (a house) in father name. Does my mother need a guardianship certificate for the special brother. and if yes, how can we get that, please elaborate.
Also what is the legal process/guideline of selling that house give that I have the General Power of Attorney from all other legal heirs except that special brother.
Let me know, if I need to provide further information.
_
Thanks
Asif
Administrator says
@Asif
You need to get a medical certificate from authorized medical officer to prove that your adult brother is mentally retarded. you have to file application in session court in this respect. without this procedure you cannot sell the house of your father.
You have general power of attorney but you cannot sell house without getting medical certificate about your special brother.
hope you get your answers
Malik Jibran Jamshed Awan Advocate High Court
Awan Law Associates Multan
Asif says
Hi-
Thank you so much for the response.
Can you please specify who this “authorized medical officer” should be. Is this something appointed by the court after I file the case or should I just get the certificate from any medical officer in public sector hospital.
I will really appreciate if you could SPECIFY certain steps or tasks that I need to go through.
_
Thanks
Asif
Administrator says
@Asif
yes first of all you have to file suit then you have to obtain the orders of court in this respect
javed says
Hello!
My brother passed away in Dec. 2010. My mother and myself are the only two heir now as my father is also passed away before my brother and we do not have any other heirs.
I filed for succession certificate through a lawyer and all paper work were done such as ad in paper etc. and per lawyer court has accepted everything in favor of my mother and myself as two heirs.
My lawyer says that to get the final certificate, we have to have a guarantor to guarantee on our behalves.
Is that true and do we need one to get the certificate?
Please help and clarify this?
Thanks.
Administrator says
@Javed
yes you need to give guarantor in order to get succession certificate
regards
Awan Law Associates Multan
Javed says
Thanks for the reply. I did got a guarantor and court finally issued the certificate.
Now the problem is that when we presented this certificate to the banks, they said their lawyers will verify the certificate with the court again and the banks will charge me the lawyers fees.
Is that what the process is? It looks like that banks do not trust either Pakistani Court certificates or this is their way of extracting money from the clients as they are now in need to have the deceased money be given to the heirs.
Thanks.
nazeer says
Respected Jibran,
My brother in law died two month ago. He borrowed one son from another family( as he didn’t have any child). he registered that borrowed child as a son and get the b-form also.
now what is the law for his property distribution to his son and wife or any other relative.
please guide, if possible.
Administrator says
@Nazeer
As your brother in law registered child as his son so in eye of law he is the real legal heir of your brother in law
regards
Awan Law Associates Multan
nazeer says
Dear Jibran, first of all thanks for so nice reply. According to Shariah its not right. But the deceased was sick for long period of time.(about 9 year). all the look after carried out by other relatives. more over deceased adopted the child, when he was only age of one day. does it right, if we’ll claim for money as a medical treatment. what kind of documents need in this regard. if you have any sub branch in Haripur or friend also inform. thanks
AKhan says
Dear Sir,
My father passed away in Saudi Arabia. My mother brothers and sister including myself are residing in Saudi Arabia while my late father’s parents are in Pakistan.
My father’s employer asked me for succession certificate (known as hasar irth in Saudi).
Couls you please guide me how to obtain this certificate. Do we all have to be present in Pakistan. Can embassy give us this cetificate and local Saudi court?
Thanks and Regards,
A.Khan
Administrator says
@Akhan
you have to come in Pakistan in order to obtain Succession Certificate. No need to come all of you only you can come and obtain it
Fida I. Rahmat says
My fathrer has five brother and one sister. all brother had died and my father and his siter are alive. one my father’s brother had one sister but no son how his property be distributed. thx.
Fida
Administrator says
@Fida
Your father and her sister are the only legal heirs of your grandfather.
TAHIR ULLAH says
My sister is married and now has summoned me to share in the inheritance with me and my other two brothers in our parents’ estate. Our parents are dead for more than six years ago and we have not received their property in our name yet. My question is whether she can afford only to summon me?
In addition, if her children can claim her share of inheritance after her death?
Administrator says
@tahir
yes she can and her children cal also claim their share because they are legal heirs
Anwer Alibaig says
I should highly appreciate it if you would kindly advise me on the following issues.
1) My father has passed away but my mother is alive. my father has left a house in Karachi, which is in his name. I would like know if the house could be transfer to my mother in order to sell it.
2) I also would like to know if the children of my deceased brother and sister are entitled to a share in that house,left by my father.
Many thanks
Administrator says
@Anwer
you have to obtain the succession certificate in order to transfer the house to your mother name then you can sell it
secondly yes children of your deceased brother are entitled for the property of your their grandfather.
Adil says
My father recently passed away in the uk, he left a plot of land in pakistan of which i am a nominee and this was also transferred into my name prior to my fathers death, my question is do i still need a heirship/sucession certificate considering the land has been transferred into my name. Iam living in thr uk, can you please advice where i optain this certifocate. WE ARE 4 siblings.
Javed says
My brother recently passed away in Lahore.
My mother and myself are the heirs to him. We got a succession certificate and we submitted to the banks of my brother. They say that they will take ~10% off the amount as tax.
My question is my brother paid all the income taxes on time etc. so why the bank is taking the 10% as tax again?
Please give me the reasons for that.
Thanks.
Mazhar qayyum says
sir
I should highly appreciate it if you would kindly advise me on the following issues.
my sister and her husband had a joint account in a bank i.e a broker ( for purchasing of shares in lahore stock market) now my sister’s husband died in may 2009
now the broker or agent will demand Succession Certificate and then guardian ship certificate from my sister.
is succession certificate is necessary for joint account?
what should we do?
nazeer says
Dear Sir,
if deceased make a statement in favour of his wife for all the property as
a gift on simple palin paper along with signature of witnesses. and orally to by saying the quran and qasum that i gifted my all the property to my wife. does it make some sense?
Administrator says
@Nazeer
yes it is legal and according to concept of Gift in Islam
Mansoor says
Dear sir,
A lady had filled petition for succession certificate in respect of B. F,G. P.f and pension while deceased also left three wives and children whose persons could not served to appear after substitute service in news paper so how to court decide deceased pension and funds.
Admin says
@Mansoor
Those other wives and children can become party in the suit filed by the lady in the court.
if no one appears in front of court then court can decide the matter in favor of that single lady
Random Dude says
Sir,
I thank you for your great effort. My question is about division of inheritance among wife, and adult children. I know the Sharia (sons get twice that of daughters etc etc). But in the absence of a will from the deceased what is the standard division?
What I mean is: if standard division in Pakistani law is equal parts among sons and daughters, then I would want to go with that instead of Sharia division …
if there is not standard division (it all depends on the agreement among the legal heirs) then that is a different story
Administrator says
@random dude
if your father is muslim then his all he left is divided according to sharia
if he was sunni then according to sunni law
if he was shia than according to shai law
standard division only possible if he would left a will
without will all should be divided according to sharia
Random Dude says
My father recently passed away and left land that is rented out. We are multiple brothers and sisters.
Question 1: Is there any need to carry out inheritance procedures as soon as possible? Any risk if the process is delayed 6 months to 1 year?
Question 2: If we have to renew rental agreements before those 6 months and we have not initiated the heirship paperwork, is it impossible to renew rental agreements?
Administrator says
@random dude
you have to start inheritance procedure soon
without inheritance you cannot renew that agreement legally
Raza says
Dear-All
This page have usefull information and all you guys are doing Great work.
I have a question for you.
My father died couple of months ago. I have one special Younger brother (mentally retarded). My younger Brother already had medical board which clasified him as (mentally retarded). we are only two brothers. My Father left saving in bank (where he nominted equly all three of us, Me , My younger brother and my Monther ). He also left Some property in diffrent cities and agriculure land as well . They use to live in village with my father but now after the death they are living with me as my mother’s health conditoion is not Good. so what i have to do for the propety and bank. Where i have to apply for Succession Certificate they native city where he died or i can do or follow all the procedure the city i am living , Becouase of my Job its is noy easy for me to travell.
Kindly Guide Me in this Regards
Administrator says
@raza
as far as the bank saving of your father concerned if your father equally divided it then its final
contact with lawyer of your city for succession certificate , he will file suite in civil court and after that you ll get the succession certificate
you can file it where your father lives
hope got ur answer
Random Dude says
Sir, I’m grateful for your kind replies … I have one more question:
before my father married my mother, he divorced another woman who had a son with my father … but that woman married someone else and used the name of her 2nd husband as the father of that son … Therefore the legal father of that son is the 2nd husband but biological father is my father … the divorced wife and her son are alive …
are we bound by Pakistan law to accept the divorced wife or her son as heirs?
are we bound by Sharia to accept the divorced wife or her son as heirs?
Muhammad Sajid says
I have a Question:
Actually this is related to hiership in my family. My Mamon (Uncle) has died a few months ago. His wife was died 8 years ago, from his wife he has three daughters. My Mamon has 6 sisters.Two Daughter and One Sister is in our home like two daughters are married to two of my brothers and his sister is married to my father.So among 10 hiers 3 hiers are in our home.
Now i am intrested to know how his property will be divided, also one of cousin of my mamo is threatening us to sign a hiership certificate and nominate him, otherwise he will execute orders from court to signed it forcefully. Please let me know how he can force us to sign a hiership without consent of all and how court can forced us to sign.
Please help..
Thanks
Sajid
ameen says
salam my name is Ameen.
my aunt passed away and she was divorced and There were no children and their parents and older brother has died. Now we want to know who can become the legal heir My mother is the sister of the late and are now in Karachi, you should tell us what to do And his brother’s children becomes a part of it or not? Please make it clear
Admin says
@Amin
first of all i am not able to completely understand your question
and if there is no other legal heir of your ant then you mother is legal heir of your aunt
ameen says
okay main ab urdu main samjha deta hun ap ko… dekhein meri khaala ka inteqal ho chuka hai aur in kay ghar ka kabza hum ko chahiye. woh Talaaq shuda thi aur un kay koi bachay nahi hain, un kay parents ka bhi inteqal ho chuka hai aur barey bhai bhi guzar chukay hain 10 saal pehlay un kay bachay hain 5. ab meri mother jo kay choti behan hoti hain marhoom ki. tu kia yeh case un kay haq main jayega? agar hum case daltay hain to main un ka beta hun so please help us out.
Ameen
Ameen says
hello Admin i was asking something to you
Heir says
My Mother and Father has passed. My elder brother is claiming amount spent on renovation of a part of house where he is residing since 10 years. Is he right to claim it?
Admin says
@Heir
who is the legal owner of house?
Heir says
@Admin
The house is still in the name of my Father
Mazhar qayyum says
sir
I should highly appreciate it if you would kindly advise me on the following issues.
my sister and her husband had a joint account in a bank i.e a broker ( for purchasing of shares in lahore stock market) now my sister’s husband died in may 2009
now the broker or agent will demand Succession Certificate and then guardian ship certificate from my sister.
is succession certificate is necessary for joint account?
what should we do?
fayaz09 says
dear i need law regarding pension, gratuity, group insurance, GP fund, financial assistance that who will get these according to sharia
Rizwan says
Sir, I’m grateful for your kind replies. can you help me in my question mentioned below
Q: if we have any problem against our area’s Tehsil muncipal administration team what should we do? Whose authorised officer taking action against them?Where we submit our complaint?
Please help..
Thanks
mehmood says
i have some problem in distribution of my property that i have 4 brother and i am only a sister of him ,
my mother was dead last 3 year before ,my all broth are arise a dispute between each other so they want to distribbute the immovable property and some movable assttest ,so i want to know that i have a position of one property one of them ,some share of that property are in my mother name like 25% of share in name of my mother can i widthdra from all my mother share in all movable or immovable property or movable property is much more then thats 25% of share ,i want that i widthdraw all of my shares in all other property and i can get only that 25% of property can hold shares in my naem can it is possible.
mehmood
03018211127
your mobile no if
Areeba says
I want to ask if I have a property but the papers have been misplaced, what do I do?
I’m a widow with four kids, aged 20, 19,13 and 14. My brothers-in-law say that I cannot file a guardianship certificate and we can not claim a right on my father-in-law’s property. However I think that on my husbands behalf I can claim it. Please assist and give me some advice on this. Thank you.
anonymous says
salam
My father died in 2008 … n we havve got a succession certificate for all of our property i.e. back accounts, vehicles, flat and house … we have also got mukhtar nama aam n power of attourney in the name of my brother who is an adult … all army property is transfered on my mother’s name but this house which is a civilian property is not getting transfered to my mother … we have also got the registry from patwari transfered to my mother but we can not sell this house because somebody told us that this house needs another seperate succession certificate …
can you please help us out
Admin says
@Anonymous
yes you need separate S.C. for that house
Owais says
I don’t understand, I thought SC is required only for movable property (bank accounts, shares etc) but not for movable (plot, house, shop, flat etc)? Kindly explain. Thanks
malik says
Aaslam o alikum admin,
My father died. He left 32 acres of land. now we are his 3 sons and 3 daughters and a widow
.Would you please tell me according to the suni muslim islamic law on what percentage we can devide
That property? I mean if a brother takes double than a sister then how much is mothers,s share
Or mathimatically what percentage should be each of us share.
Thanks.
Malik Mahmood
Hiba shahzad says
Dear
My father passed away and now we want to sell the flat. Our file currently is in HBFC. I would be most grateful if you can inform me that who are the legal heirs of the property as per Pakistani law and as per the law of HBFC specifically.
Admin says
@Hiba
you, your bro and sis and your mother are the legal heirs of your father’s property.
you have to obtain the succession certificate from court
first clear your file from HBFC
Kinza says
Aoa
Hum chaar bhene hain aur mere walid sahab ki death kay bad humaray taya jis ghar meh hum reh rahay hain joke humray walid nay khud kharida meh hissa mang rahay hain aur bohat tang karhe hain law kay accordingly kia unka haq hai ismeh aur hum kesey bach saktey hain unsay
Admin says
@Kinza
If you are registered owner of house you can sell it
If your mother is registered owner you can sell it
but if you father not transferred it in his life you need to get succession certificate for this purpose
Amyn says
My aunt has passed away .. They have no children, only my mother she is her sister..And her brother’s children, who can become the legal heirs? according to shia Law?
ABDULLAH says
ANY ONE CAN PLEASE GUIDE ABOUT, THE PROCEDURE OF SALE OF THE IMMOVEABLE PROPERTY AWARDED TO WIDOW OF PAK ARMY SHAHEED.
AS I WANT TO BUY THAT PROPERTY BECAUSE THE WIDOW IS WILLING TO SALE IT. BUT KDA IS NOT READY TO TRANSFER THAT PROPERTY AND IS ASKING FOR N.O.C BUT NOT INFORMING THAT FROM WHERE THIS N.O.C CAN BE OBTAINED.
THANKS
ABDULLAH
Babar Khan says
Sir,
Just need to confirm, on which amount we need to obtain Succession Certificate in case of funds claim from deceased account by legal hire.
Regards,
Babar Khan
Admin says
@babar
At any amount you need to get succession certificate
Rafat Siddiqui says
i have already obtained succession certificate from court for my late father insurance claim now my father’ banks announce additional cash benefits so i want to know is the same procedure repeated or my previous succession certificate is valid my previous experience for obtaining this certificate is very bad and hectic. so what can i do
Admin says
@Rafat
contact with bank authorities, they may help you and issue you the money on basis of your Succession Certificate
Rafat Siddiqui says
Dear Admin
I have submitted all related documents to bank authorities and they says that they will discuss with their lawyer. I want to know you expert opinion is my previous certificate give benefit/support to me.
Thanks
Tariq Ehsan says
Sir,
I have a query regarding Surety Bond for the issuance of Succession Certificate..
The court has released its orders after I filed suit for the issuance of succession certificate for the possession of bank accounts of my father after his death.
At the last page or the last point the hon judge states as” Application is accepted subject to furnishing surety bonds amounting to Rs 1200,000/- with one local surety to the satisfaction of this court. Succession certificate be issued accordingly. File be consigned to the record room after its due competion”.
Now I want to know that what is surety bond and how to provide a surety bond. Which things/property can be considered as a surety bond and who can provide means whether the person included in the application is eligible to provide his asset as surety bond??
Admin says
@Tariq
@Tariq
surety can be in form of bank guarantee of property documents. In your case it is in form of any property value of which is 1200,000. You need to submit registry of such property to court. Any other person can do it for you
M.A Baig says
My Father in law died in last week I want to know about the legal heir he have one wife three daughters one of the is married and one younger brother unmarried . so who will file the application for Succession Certificate and what is the method to file the application and what is the method to file the transfer of pension for his wife
with Regards
M.A Baig
Admin says
@MA Baig
one of legal heir has to file petition in civil court to obtain the succession certificate
salman says
My fathers brother died. he has no wife or children. He has one brother (my father) and one sister. He had left behind some property. Who is entitled to his property. Will my father and his sister share be equal or will my father get more than her sister. Please advise me.
Admin says
@Salman
Your Father will have more share than your father’s sister
Rehan says
Dear Sir,
My younger brother has died in few days ago, my brothers wife need succession certificate, can you tell me that what type of documents required for process the succession application.
Admin says
@Rehan
Sorry for your brother and your loss
Your Bro’s Sister needs to file suit in civil suit and after that she can have succession certificate
Abbas says
I m gaurdian of my nephews, persons n their property. Gaurdianship certificate was duly issued. I m unable to burden expenses of livelihood n education of the minors. There is some immovable property in their name, of no income. we ve agreed to dispose it off. what would be the procedure?
Admin says
@Abbas
you can sell it but with permission of court if court appointed you the guardian
Rehan says
First of all you are doing very good job to provide avarness about succession Law.
I have a case where my grandfather (mother father) property have some disputes , he have 8 childrens (6 daughters and 2 Sons) and now (2 daughters and 2 sons) are also died. now what would be the distribution of his property , (died person also have adult childrens , some of them living abroad).
Admin says
@rehan
all property of your grandfather is distributed among the living legal heirs of your grandfather
Ali says
Dear Jibran
My wife has passed away 11 years ago. There is a plot in Pakistan, which . She left her final Will in favour of our daughters only. We got 3 daughters. They were minors at the time of her death but now all of them are over 18.
If her brother and sisters has share in the plot then the following information could be useful. 1. She left 1 brother and 2 sisters.
According to Sharia it is not allowed to make a Will over 1/3.
What does the laws in Pakistan say about her Will in favour of our 3 daughters. If myself (husband) and my late wife’s brother and sister give consent to fullfil her wish /Will to transfer that plot to our daughters.
——————————-
just for information only, if mother or father or brother and sister of a female live after her death when she left her own children and husband what are the shares in property.
——————————-
I look forward to hearing from yourselves.
Thanks
Salam says
Dear Sir,
I need your guidance in this matter of concern.
My grandfather died of natural causes in 2005. He had a house in his name, bank accounts, saving certificates, defense certificates, pension etc. There are 5 heirs of his property 4 brothers and 1 sister.
Since his death all the documents etc. are in hold of my uncle (taya) and the assets have not been distributed among the heirs. Recently he has asked all heirs to grant him general power of attorney to handle any matters related to the house only without any mention of other assets.
Please advise as to the right course of action that should be taken in this regard. I am looking forward to your kind response.
Thanks.
Admin says
@salam
The best way to solve it amicable is to file suit in civil court by all with consent and divide the share according to law
As far as power of attorney is concerned only give to your uncle if you trust him
Saqib says
My grand father passed away and he has some accounts in the bank, he has 3 daughters only, so now according to law the amount shud b divided equally b/w them or not, would there be share of others like my grand father’s sis as well?
Admin says
@Saqib
No , your grandfather’s sister is not his legal heir so only daughter are legal heir for that amount.
Shamim ahmed Shah says
My compliments for a very fine job you are doing.
My father died 10 years ago at Lahore(permanent Residence). I brought my mother with me to Rawalpindi she expired 5 years ago. My mother during her lifetime had made a joint account with me in the bank, so therefore, there was no problem. Now it has been revealed that she had some agricultural land (two acres) in Gujranwala. We are a family of three and my brother and sister reside permanently in Islamabad. Do we need inheritance certificate or succession certificate? Can this process be undertaken at Rawalpindi or we have to go to Gwa? Any idea on the lawyer fees etc that he would charge for the case? I realize that actual court fees etc would not be much.
Admin says
@Shamim
you have to go to the Gujranwala, Go there meet with Revenue Officer there to transfer the land on your names
Musarrat says
Dear Sir,
My husband was having a shop in his name in one of the market. He died. At the time of his death, only his mother was alive. Please can you tell us that wether his mother will be entitled her share in that shop. If she is entitled, how much % she will get.
We don’t have the papers of that shop. How can we get those papers so that we can get succession certificate in my and my kids names?
If possible, please send us your contact details.
Regards,
Admin says
@Musarrat
yes mother is also legal heir of your husband and she has her share
you have to find about the papers of shop and get succession certificate from court
Ashar Omar says
Sir,
My grand father’s sister was died 23rd Jan.2012.She was unmarried 80 years of age in Islamabad.some saving certificates on his name in Islamabad and one home also in Islamabad.what can I do.
Ashar Omar says
My grand father’s sister was died 23rd Jan 2012.She was unmarried 80 Years of age in Islamabad.Some saving certificates on her name in Islamabad and One home also in Islamabad.What can i do.
Admin says
@Ashar
provide us complete details of her other relatives and legal heirs then we can advice you
Ashar Omar says
thanks for your reply
Complete details of her (grand father’s sister) relatives and legal heirs
four niece two are married two are not married.My Father is also died means (her nephew).me, my brother and my mother.
Alamdar hussain says
My matter is that my father died and we are two brother sharing in 1 plot 160 Sq. Yard my younger brother made PT1 his own name but i living half portion of plat from start and the other half portion live my younger brother who made PT1 his own name.
Now i want to lease the half portion of my plot on my name. our plot is not leased till yet and i received the KESC Bill on my father name, Water Bill Owner name not mentioned name just writer owner, Sui Gas & Telephone Bill on my name.
what should i do for lease the half plot on my name. Plz advise
Alamdar hussain says
PLEASE ADVISE ON MY ABOVE MATTER.
Alamdar hussain says
I’m waiting for your reply. Please advise
Lawyer says
First of all you have to file suit for the partition of plot and after that you can do anything else
Alamdar hussain says
We already living in partition wall made by my brother
AJk says
My parents has been died 15 years ago, and now the property of my parents are not yet distributed between us. As we know that governament passed a bill (NA passes bill for women inheritance rights) has been passed.
Now the problem is that my Elder brother who is in faisalabad and property is also in faisalabad is not dividing the property of our parents,Many time I ask him to divide but he is not ready to do,and he said it’s NISHANI of our parents therefore it cannot be distribute.
I don’t know what should i had to do in this situation..
Please help If there is any suggesstion.
Thanks!!
Admin says
@Farid Karam
you have right on this property so if your brother not dividing it you can file suit in court to get your share
abeera says
i have same situation, hav u processd any, plz tell me also
Abeerabalti@gmail.com
Admin says
@Abeera
what is your situation?
Yasin says
My mother had died a year ago. Her father was not given due share from his father property.My mother was also not given share of propert of 400 kanal land. she had given me power of attorney of her claim on fathers land. can i claim a suit or what should be done
Admin says
@YAsin
You can file suit in Civil Court
Jawwad Ahmad says
My friend mother was a govt employee. She died during her treatment of cancer. Although he has siblings but he bears all the expenses of her treatment. She applied for assistance from the department but due to some problems this was not exercised in her life. After her death with the intervention of some high officials of the deptt my friend filled the claim again and finally it got approved.
Now the Accounts Deptt is asking for succession certificate for payment of amount of Rs.350,000/-. Is there any other document that can serve the purpose or any other way to avoid this lengthy procedure of succession certificate.
Please advise me in this regard.
Admin says
@Jawwad Ahmad
You have to obtain the Succession Certificate for that
There is no other way out
M Nawaz Gondal says
@ Adnan bro i apreciate about your that activity ,
Brother i have a question ,
Last year my brother passed away , just after 5 months of his mariage , his widow is still at our home , as our litle bro is studyng , we all think that we will arange sum so that widow wil mary with my litle bro . but now my litle bro is refusing , can you tell me that whether that widow hav any share in my father property ? as my father didnt transfer anything to anyone , and my brother who died last year havnt any own created property ?
waiting for your reply ,, thanks alot
Admin says
@M Nawaz
No
wife of your brother is not entitled to any property
Athar says
Hello, I have a very important question. Is this forum still valid?
Admin says
@Athar
Yes very much alive
Ashar Omar says
Sir,
My grand father’s sister was died 23rd Jan.2012.She was unmarried 80 years of age in Islamabad.some saving certificates on his name in Islamabad and one home also in Islamabad.what can I do.Complete details of her (grand father’s sister) relatives and legal heirs
four niece two are married two are not married.My Father is also died means (her nephew).me, my brother and my mother.
ahmar elahi says
First accept my compliments for a wonder ful work ou are doing
One of my female relitives recently died she had no children. She left behined a house and some money in the bank and national saving sertificates. She has one brother and two sisters alive and one brother and one sister dead
My question is are the children of deceased brother and sister eligible for any inheritence feom her assets
Thanks
Ahmar
Admin says
@Ahmar Elahi
Thanks for your appreciations
No Children of deceased brothers and sisters are not entitled to the assets
Nadeem Mahboob says
Dear Sir. I would like to ask that my father had an bank account in Lahore Pakistan. In 1988 he had a stroke on his right side of body. That time he was unable to speak properly but what we can understand that he is trying to tell us that he had a bank account that he never told us before. He was trying to write on the paper that he could understand us where his account is but unable to write clearly. He passed away in 1995, is there any way we could find out about his bank account even though we don’t know about the name of the bank as well. Please give me your kind suggestion. Thank you will wait for your reply.
Admin says
@Nadeem
Your case is totally different
try to find out the Bank or go to the head offices of major banks and try to find the record of your father’s name
there is no other way
Tahir Rafique Khan says
Can Bank release funds below Rs.100,000/- of a deceased to widow against Bond of Indemnity including shares of minors?
fazal hussain says
Yes. Mr. Tahir banks can now release an amount not exceeding Rs.200,000/- to the widow against Bond of Indemnity duly signed by two account holders of the bank. There is non need of a succession certificate.
ahmed ali says
Dear sir,
my father died 2 years ago, he left one wife and 3 sons. one of the brother filed a civil law suit for property distribution other 3 are following. judge ordered to distribute the property but case is still keep going on.
both sides lawyers are not very helpful. my question is do we need to file another suit for succession certificate for distribution of property or the same court will do it? and how we will distribute the other assets like banks accounts and shares etc. do we have to wait for the court until it distribute the property how this will work?
my lawyer says we don’t need to file for succession certificate this court will distribute every thing but court papers does not mentioned anything about bank accounts, shares etc.
thanks in advance for providing this wonderful service
Admin says
@Ahmed Ali
If you all legal heirs are agree on the distribution of assets than Succession Certificate is enough
court only intervene when there comes some dispute between legal heirs.
Ali Babar says
Sir,
My wife passed away recently.she had some national saving certificates without any nominee. what is my legal position while claiming the succession of those certificates being her husband.
Admin says
@Ali Babar
You can obtain those certificates because you the legal heir
or you can obtain the decree of civil suit regarding them
Waqas says
Assalam-u-alaikum.
Sir,
My Mother(Late) have seven Sons and 4 Daughters (including me , however one have expired before my mothers death.First please tell me are his children who are not minor entitled for share . Second we have immovable properties on mothers name which will be transferred to all legal Heirs .I am not willing to sell the property do i have right to stay as i m the one living in that property (House).or what i can do for a stay .
Regards
Admin says
@Waqas
The children of your deceased sibling have no right on the property of your mother.
All other have equal right on the house, no matter they live in it or not
if you want to live in that house you must pay the share of that house to all your siblings
otherwise they can file a suit for partition of that house
Ali says
Assalam-u-alaikum.
About 2 years ago my father passed away in England we have land in Pakistan which needs to be sorted the problem is there are 7 children from 2 marriages do all of us have to go Pakistan to resolve this or lets say 3 people go can we give them our identity cards. Can we do this? I have been told we need to write a covering letter and get it stamped from the Pakistan embassy. Also how long does this whole process take from succession letter to have the land into all of our names.
Admin says
@ Ali
Yes, you have to get covering letter and attested it from Pakistani embassy.
We cant tell you how much time it will take but if you work fast you will get it done in quick time
as far as the case is concerned it can be decided withing 6 months in Pakistani court
salman says
one query my father died and left a house in the name of my mother i have only one sister would you please tell me if property can be distributed as per inheritance law if yes what is the procedure shares for that will there be a legal notice or a suit to be filled in such a case
Admin says
@Salman
you need to file suit in civil court
nadeem says
my father had bought a house for my two brothers but not for me in his life and when he die
he left a smaller house in his inheritance and know this smaller house is being divided between
three of us but if we sell this house I will not be able to buy a house but my brothers got their another house to share and they can buy their houses, so is any thing can be done about it in pakistani law?
Admin says
@Nadeem
The question is that who is the registered owner of that other house?
if that house is registered on your brother’s name than you cant do anything about it
but if it is still registered on the name of your father you can file suit in court for your share as legal heir
Nadia says
Sir,
I want to know about a house that is at the nameof my deceased father. I live in Hyderabad and want to know the complete procedure, documents required etc for the transfer of title from his name to ours (the kids).
Awaiting your reply.
Thanks.
Admin says
@nadia
if you are the only legal heir you need to file suit in civil court for the house
you should consult with some lawyer in your area
neha ali says
Sir,
My father has passed away so what is the legal way to transfer the bank account balance of 800k to my mom account?
is hereship certificate relevant?or sucession certificate is req?
kindly tel me in detail….Regards
Admin says
@Neha Ali
you need to get the succession certificate from court in order to transfer that money
All other legal heirs must agree to that your mother will get all money
Khan says
Dear Sir,
My father died in Pakistan and I have mother and five sisters and one brother living in Pakistan. I am at the moment living abroad (Spain). My father left few property (plots) and bank balance. Could you please let me know how my mom and bro and sisters can get their share while I am living here in Spain. My bro asked me to write a power of attorney, which i do not want. Is this possible that they get their share in Pakistan without my power of attorney. I asked them to apply for the succession certificate but they replied that they need my power of attorney ????
Many thanks for yours help
Admin says
@Khan
you need to give your power of attorney because it is necessary and without it they cannot obtain the Certificate
Ahmad says
Dear Sir,
Dont you think disclosure of exact amount to courts in bank of a deceased person can brew many safety problems for the legal heirs in the long run
Admin says
@Ahmad
not at all because you have to disclose it if you want to get it
Bilal Ahmed Ahmed says
Sir,
My father died in Bhoja air crash recently, he left 2million in NBP, one house a car and 3million in national savings(which is now on my mother’s name). I want to know the succession certificate procedure as Bhoja claim requires this too, plus how much fee should i expect to pay to a lawyer in this regard; and are there any cautionary things that i need to do while submitting photo copies of all relevant documents to my lawyer.
BR
Bilal Ahmed Awan.
Admin says
@Bilal
First of all i am very sorry for tragic accident of your father
You have to obtain it through court and as far as the fee of lawyer is concerned it is different in different cities
from 20000 to 100000
you lawyer will guide you about the procedure and required documents
We are Multan based so we only deal cases in Multan or some times in Lahore
Doctor says
What is the procedure of obtaining Guardianship Certificate for minors left with mother after their father’s death?How much time does it take to get it?Is it issued in general or specific for the property which is meant to be transferred?
Admin says
@Doctor
You have to file civil suit in civil court to get it
it will take around 3 to 4 months
dr.shams says
If father dies then mother is the natural guardian of children under 18.In this case does she need to get Guardian Certificate from Court to surrender her and the minor children’s share in agricultural land during family division of agri land?
Admin says
@Dr. Shams
yes even than she need to get certificate from court
omair arif says
My father died in 2001. i need a lawyer who is best in banking or succession cases in karachi . plz forward me who deals in karachi. my father account is in abn amro bank , which is now call as faysal bank . there is a certificates and account . but after 12 years who i can get the money
Hasan says
Kindly advise on what the christian law of inheritance is? is it equal shares for widow and children?
Best regards.
Lareb says
Hi,
First of all thanks for putting up such a good site. I have a query about heirship certificate. Like a comment above, my mother also died in the Bhoja air crash. I am facing problems in getting a heirship certificate. My mother only had a bank account in her name. The tehsildar said that there needs to be a property in her name for the issuance of a heirship certificate. Is there no other option?
The airline is accepting heirship certificates but I’m afraid we’ve to go for a succession certificate now. How much time and expenses will it take?
Admin says
@Lareb
God give you patient to bear that loss
expenses depends upon the fee of your lawyer which is different in all cities
and it can take up to 4 months to obtain it
Motasim says
Assalamu alaikum,
My father died a couple of months ago, now I want to make a succession certificate. Can I do it all myself in the civil court according to the procedure mentioned above or is it mandatory to hire a lawyer?
Admin says
@Motasim
you must need a lawyer in civil suit and without it you can not obtain Certificate
Mr Saeed says
Assalam-O-Alikum,
Dear can you please tell me that after the issuance of succession certificate if someone need to add some other ammount in the section certificate (ammount of the deceased person, which come into know after issuance of succession certificate) , can civil judge add that ammount in previous succession? or need to re-apply for new succession certificate for other ammount?
Thanks
Admin says
@Mr Saeed
you need to forward an application in this regard to the court which issued the certificate
AYUB says
AOA
My wife passed away recently and she was a school teacher.my deceased wife brother and sister file
a suit for succession certificate to get there shares in pension,gratuity etc.now my question is my deceased wife brother and sister are entitled as a legal heirs?if no then kindly provide me some rulings on this.
regards.
Admin says
@Ayub
there is difference between Sunni law of Inheritance and Shia law of inheritance
which sect your wife belongs
?
MUZZAMIL IQBAL says
Assalam-O-Alikum,
sir mian bohat english nahi likh sakta, because mian last 6 years iam living in barcelona Spain. So my english is week for spanish , kindly, ager app burra na manna to kia mina apni problam romen urdu mian app ko bataa sakta hoon, because mian bohat problam mian hoon,, merii 6 years ki Quamiie yani jo mian ny yahn spain mian reha ker Kammii thi, woo mera little brother Harrap kerny ky chukeroo mian hai, aur us ny mera pakistan mian naa hoona ka Fiaddah Uthathh huwa Mother ka brain wash ker dai hai, ab woo logg yani meri Mother and brother Humray Abbiie Gher ko Sale ker rehian hai muj ko batyy Beggerr, muja yah batt mera dost ny call ker ker bati hai, humray gher humrah Father ko Wirassat mian mila tha, us ki koi Rigestry nahi hai, yahan yeh battata chulla that meryaa father ki death 04 jan, 2001 mian hoo chuqii hai.
Iss Gher ka PT-1 fROM mera namm ka mian ny bunwaya tha , Father ki death ky kouch Sall badd , kia mian koi Qannooni Help Ly sakta hoon, Iss PT1 from per, ya merii wiirast mery sy cheen li jay gie, bcz woo kouch bi dena ko ready nahi hai. even mian 6 year mian jo bi Qamya woo sab kouch bi pakistn Mother aur brother ko bejj detta tha, woo is ko bi boull gyian hai, can u help me /?
Plz mian wait keroo ga app ky reply ka.
Regards,,
Admin says
@Muzzamil
we are Multan based if your property is in Multan we can help you
MUZZAMIL IQBAL says
AOA, THANKS SIR,
FOR UR REPLY, SIR MY ALL PROPERY IN LAHORE, AND ONE THINS MORE THAT, PT1 FROM MERYY NAMM KA HAI , THEN BI KIA Main kouch ker sakta hoon
Amber says
Assalam-o-aliakum:
Firstly, thank you for this website, it is very informative.
My father passed away recently, he was living overseas. He had several properties in Karachi, both flats and plots of land. Currently, we have been relying on his business partner to guide us on how to transfer these properties to my mother’s name so she can start selling off the land, as me and my brother’s live overseas. So far he has guided us, but I do not want to rely solely on him and would like to understand the process myself. Since he has his own business to run, he is understandibly not always the quickest at addressing our questions. The properties involved are extensive and valuable. We are not even completely certain that we know of all the properties. So my question is 2 fold-
1. How can we find out all the properties held in my fathers names in Karachi?
2. What is the best/easiet/quickest way to go about transfering ownership to my mother, as she is the only one in Karachi and can help manage/dispose of them?
I understand that you deal mainly in Multan and Lahore, but I hope the answers to my questions above will be the same across Pakistan. If not, kindly refer me to any alternate website where I may pose this question.
With best regards,
farzana says
Dear Sir,
My friend’s Parent were separated 20 years ago.They had no divorced but father of my friend was not earning and mother of my friend was keep telling him about it and therefore she left his home and went to her parents home. My friend and her sister were grown up by his Mamoo . My friend mother was died 2 years ago but her father is alive and not living with them since then .Is that possible that she can obtain his inheritance property from her father during his life time. ?
Admin says
@Farzana
it is not possible to get that property during life of father without his consent
but if father dies than both are naturally the legal heirs of father because there is no divorce
faris says
AOA
We are three brothers our father and mother died we need to make a hariship certificate
we want all of us are equal share of the house what is the procedure and required document
Admin says
@faris
you need to get succession certificate for this purpose
Anonymous says
Respected Sir,
My Father died 8 months ago.He has two daughters of 20 n 17 years,son of 12 years and a widow as his legal heirs.We have applied for succession certificate nd my mother has been made the guardian.I want to ask that this is necessary for guardianship to give Some property like a plot or a house) as surety???
if it is necessary.then when would that property be released?
please i am waiting for your reply.
Regards,
Admin says
@Anonymous
it is not necessary but in some cases court order it
Abdul Rehman says
Dear Sir,
I want to get the legal openion about our case. my sister have 03 daughters and due to family problem, we got the Khulla from the court. her husband got married withanother lady and he got a Son from his second wife. during the proceeding of case He died last week. at court instruction we checked the property owenership and found that before death but during the case with us, he transfered his property as HIBA to his son who is minor.
i want to know that can my sister’s daughters get some share from that propeerty or not?
please advise.
regards,
Abdul rehman
Admin says
@Abdul Rehman
Your sister’s husband was owner of that property and he rightly transferred his property as HIBA to his son.
but if your want to challenge it you can challenge it in court by taking ground that HIBA is based on fraud and daughters are also entitled for property
Azhar says
Dear Sir,
My mother died in 1995 and I was her only child and thus only heir. My mother had a car whose registration is in her name and I renew the registration every year. The car is in my possession since her death. I now need to transfer the car registration to my name from her name.
As I am the only heir, do I require a Succession Certificate to have the car transferred to my name or can it be done through some other method as well which does not require a Succession Certificate e.g. Personal Undertaking on Stamp Paper, etc.
Admin says
@Azhar
you need to go to concern authorities for information
they can guide you better
junaid. says
hi. i just married to a british citizen originally born in pakistan but now british citizen.i applied for visa but could not get one.now problem is , it’s ,more then one year and she is getting married with someone else in Uk. she came in pakistan and married to me and was registered with local union council and nadra as well.she also got some property and money in bank accounts in pakistan which i gave to her.now question is , she is still my wife and how she can get married to new person without my permission and secondly, how can i get my property and money back.please advise, in dire situation???
reagrds, junaid.
Admin says
@Junaid
your wife cannot marry with any other person because she is your wife and it is against Pakistani law and Shariat
but she is not in your reach and in UK
so you can file suit in civil court to get back your money and property which you have transferred to her
Rehman says
if some one have given special attorney to his son in law that after the death my son in law can even operate the bank account.
whether it is possible?
and same person have only son who is legal heir
can he claimed for the concerned account?
what would be the situation of both if they claim from the bank for the amount in deceased account?
and what would be the situation if real son have some written instruction that the above son in law could not continue the account after the death of my father?
please reply me with details
Admin says
@Rehman
after death of your father that special attorney is meaningless and you are the only legal heir and only you can operate the bank account of your father after getting succession certificate from civil court.
Mrs. TALAT TAFSEER says
Dear Sir,
Assalam Alaikum
My husband deceased in June ,2012. Now I need succession certificate for his own property ,pension and funds, he was on job when he passed away. Our layer told us that all his brothers and sisters should surrender in favour of his widow and children, I want to know that the property and funds are not related to his brothers or sisters so why they should ask for surrender? Please guide me as soon as possible.
Regards,
Mrs. TALAT TAFSEER
Karachi.
Admin says
@Talat Tafseer
if you have son and daughter than you are the only legal heirs of all property
but if you have no son and only daughters than brothers of your husband are entitled for some share in that property
Haroon Rashid says
Dear Sir
My NANA died in 2004 and left 2 properties and a running business which at the time of NANA’s death was being operated by my 2 MAMOO’s (Mom’s Brothers)
The 2 properties which are left are total value of 4 Million where as Business was worth about 50 Million.
My NANA did not gave any will about any of his property or business,,,, now our mamoo’s are saying that the 2 properties should be distributed among brothers and sisters as per the rules but they do not consider the business in the distribution…. please guide me …. my mother is the only sister and they are 3 brothers. NANI also died in 2002 ….
Waiting for your reply
Admin says
@Haroon Rashid
the only option available to you is file suit for business share
actually it is difficult to prove the exact value of business and current status of of business because your Mamos are running it
so there are few chances that your mother will get something from business but you can file suit and provide documents related to your business if you have any
Fakhar Ilyas Malik says
My Father in 1964 bought agricultural land in sindh as a part of a rehab process close to Badin.
As My Father was proceeding abroad he bought the land in the name of my grandfather, so that the could manage it in his absence. On his return my grandfather was sick so he did not think it was wise to raise the subject of transfer back. However he got a mukhtar e Khas for managing the land.Unfortunately my grandfather died before he could transfer back the property. Since then we have been occassionally visiting the land for safe keeping. My father is himself 76 years old and not in good health, he has 5 brothers and no sisters. 3 brothers have already died. I recently took him to the revenue office for transfer but the demanded that all brothers and their decendants to appear in the revenue office. We submitted the death certificate of our grandfather and als gave a newspaper ad. The surviving 3 brothers are unfortunately not on talking terms. The sons of our deceased uncle are now demanding shares of the property which is still in my granfathers name, kindly advise.
Admin says
@Fakhar
in your case legal position is that your grand father is owner of land and all his legal heirs are also entitled for share
anwyz file suit in civil court and try to get justice from there but you are on weak footings.
Nazia says
Dear Admin,
My mother has passed away last year.She did not have a WILL as such but told us each about what she wanted us to have.We are three sisters and one brother.She told us nothing about shares to our dad.Our dad wants us to distribute the property and he wants his share.Everyone is ready to start the distribution process however i am not in Pakistan.I am in the UK and it might be a few months before i go back,but my family are pressing on me giving someone my power of attorney.I am not comfortable with the idea and although i love my family its not a particularly pleasent thought.If i dont assign any of my family members as power of attorney, is there a chance that they could go ahead without me.Obviously i will do my best to come as soon as possible.Even this may take six months and they are starting the process now as my dad is afraid he might die suddenly.My brother is actually by step brother.Any advice on how to go forward.
Admin says
@Nazia
legally they cant do anything without you
but there are chances of fraud and cheating so advice is to come here as soon as possible
wasim says
Dear Sir/Madam,
I have couple of legal questions. I would be really grateful if someone could please answer me.
1. My father had recently died (2 months ago) and he left us (we are 3 brothers and 1 sister) with his 5 marlas home in Rawalpindi city and couple of Kanals land in a village near Rawalpindi. What is the procedure to transfer both kinds of properties to our name?
2. Is it safe to hand over original floor plan of a home to a person temporarily to rent out a property to him on federal govt. employees hiring basis?
Thanks in advance.
Admin says
@Wasim
to transfer property first you must get succession certificate as legal heir of your father then properties can be transferred.
secondly , yes i think there is no danger in it
Wasim says
Thank you for your reply.
Could you please recommend a good and affordable lawyer in Rawalpindi for handling all such matters? Thanks in advance.
Admin says
@Wasim
Sorry but we cant guide you in finding good lawyer in Pindi.
In need says
hey admin …
i had a question of confusion that ‘ In such case where the deceased person was a resident of karachi and his immovable property is in hyderabad, and he died while he was in lahore then where the case should be filed to get succession of the immovable property’ ? i will be thankful for your answer!
Admin says
@In Need
best place is where property situated
you can also file where person resides
Farhan says
Dear,
Is the presence of legal heirs compulsory when court orders for publication of the case?
Or Lawyer present the legal heirs with applicant after Publication?
Admin says
@Farhan
no lawyer can do it by himself
Muhammad Shahid says
My father died 2 years back leaving a piece of residential property and some bank balance. Now we wanted to draw the amount however my father bank account is frozen unless we present certificate of succession/heirship certificate to bank.
Can the certificate be obtained in absence of any of the heir as 2 of my brothers are not available in pakistan. Also, please tell me how much the total expense of the procedure is?
Thanks for responses in advance.
Kanza says
A few yrs back my father passed away & mother has been issued succession certificate by the court. The original succession certificate has been kept in record by one of the banks as the policy to process our claim on the locker & account in that bank. Now we are just left with the photocopies of succession certificate but we still have some unfinished/unsettled formalities to carry out for saving certificates transfer in national savings center. So can we get another original from Kachehri??? If yes then whz the procedure?????????? Or the photocopies will be sufficient?????????
Admin says
@Kanza
you should apply for the certified copies of another certificate from court and you will get it easily
Sarwat ali says
Sir
My parents died leaving some property. We were three sisters and one brother. One brother and one sister died while my parents were alive leaving three children each. How will the property be divided?
Admin says
@Sarwat
all of you can apply for succession in the court or you can select one who look after all property after consent of others
Fatima Khatoon says
I WANT TO QUESTION BUT I DON T KNOW ENGLISH WELL CAN I ASK IN URDU PLZ THANKS if so could u email me this is really important i would be really thankful
Admin says
@Fatima
yes u can
Rehan says
Dear Sir,
My father expired back in 2009 but unfortunately i wasn’t living with my father during his last days .I am the legal heir as declared by the court of law.
The problem is that i don’t know about my fathers property i mean where are they..as my greedy uncle took possession of all of his personal property documents etc.
Could you please suggest me any way i can trace properties or other possessions on my father’s name.
Looking forward for your prompt response.
Thanks & Regards,
Admin says
@Rehan
you trace it yourself
there is no way that court can help you in this regard
Sajida Rafique says
Aoa,
My question is that i files a successions certificate through lawyer and the court gave me one since i am the legal heir to my deceased husband according to his will. I also has two sons both under 15 years. but my husbands father and mother were dead according to my husband. After his death and after i got the certificate they contacted me. But in the certificate i had said they has died. How can i get this mistake corrected? Can i get this certificate cancelled and file for a new one?
Admin says
@Sajida
it is not ur fault you should go on with ur certificate
in any future case you can tell court that parents were dead according to ur knowledge at that time
Salman Niazi says
Sir
my father died in January this year its just me and my father my father owned a house in which we have been residing since he bought it documents of house are in the name of my late father just to get the house title transferred(no intention to sale it in near future) in my mother’s name do i need to get succession certificate
Admin says
@Salman Niazi
yes you need it
GG says
Succession Certificate is required in order to transfer property of deceased person to his legal heirs such as bank accounts, insurance amount, stocks, bonds, Shares etc. Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate.
What is the limit of Succession Certificate?
What is the limit of Letters of Administration ?
ali imran says
dear how much expenses required for obtaining a succession certificate my father had an account and we want this money to transfer in my mother account
Admin says
@Ali Imran
It depends upon the fee of your lawyer
It also vary from city to city
Shahid says
Dearest Jibran sb, Administrator and admin and the team,
Just wanted to let you know that the information you on this page was very helpful and I’m very impressed with the way you have responded to people’s inquiries. Wanted to thank you for helping people and giving valuable advice at no cost. You all are doing a great job, please keep up the good work!
Many thanks,
Shahid
Admin says
@shahid
thanks for your appreciation
you appreciation is source of inspiration for us
Imran Saeed says
Dear Sir.
My father lived in the UK and passed away 4 years ago.
Myself, my mother, brothers & sister all live in the UK.
My father has a bank account in Karach, which was in his name only.
What is the procedure for accessing the funds in this bank account?
Regards.
Admin says
@imran saeed
You should obtain the succession certificate here in Pakistan.
i think you should consult foreign office of Pakistan in UK
fahim says
succession certificate haseil krny ky baad property safe ho jati hai??
Admin says
@Fahim
yes
Furqan says
My grandmother had a property in lhr.she died in 2003,leaving behind 2 sons and three daughters (all married n having respective families). My father and my uncle lives in that property. My father also died last year.Now we want to sell that property. plz advice the procedure.
Admin says
@Furqan
first obtain the succession certificate and divide the property
Sadaf Zulfiqar says
dear sir.
Can a widow apply s.c for her husband job lumpsum who was a poilt in paf..i just want
to know that she can apply certificat at civil court where she live but there is no property in
the city where she live plz reply
Admin says
@Sadaf
She can apply from the place where she live
sadaf zulfiqar says
dear sir….plz clear one thing more that jahan wo rahti han wahan un k
husband ki koi property nd bank acunt bhi nai ha phr bhi wo apply kar sakti ha…?? Plz reply
sadaf zulfiqar says
dear sir….nd plz tell m the detail abt this law that widow apply kar sakti ha coz
judge reject the s.c coz there is no property of her husband where she live…now
reply m early…plzzzzzzzzzzzzz
imran ullah says
dear
my father in law died some 2 months ago leaving a house and a plot as a property, leaving behind 1 daughter and a widow. who will be the legal heirs of property. is there any share of uncle and aunts and other relatives.
Admin says
@Imran
her widow and daughter are the only legal heir in your case
no uncle and anut
Athar says
Dear sir,my father died in1967 in Muzaffar garh leaving a home.we constructed a market there.Then through khangi taqsim market given to two of the sons named A and B.B sold his market share to A and one of the shops without selling its roof to some other person. B also died .Now A wants ownership to his name,what procedure he should adopt?
Admin says
@Athar
When he sold market share to A , there must be some sale deed etc which is the proof of ownership of A
athar says
There is no sale deed,verbal sale based on confidence.All legal heirs signed on a simple paper admitting sale deed and they have no objection on ownershipn of A. How ownership can be transfererd to A?
imran ullah says
dear
please explain one more thing, we have contacted a Lawer but he told that deceased did not has the son only daughter so uncle and aunt also have the share according to Sunni law in Pakistan.
Regards!
Azhar Ali says
Dear Sir,
Is only one general succession certificate is enough for all properties etc. or separate certificate is required for every property.
Admin says
@Azhar
one is enough
Amir says
My father has died last month. I have two sisters (living abroad, who cannot come to Pakistan to fulfill legal requirements regarding succession etc).
How can we (including my mother) can get the succession certificate.
What else can be required for the following:
– transferring the house to our name
– taking custody of my father bank account and locker
– Shares in name of my father.
Regards
Amir
Admin says
@Amir
You can obtain the power of attorneys of your two sisters abroad
MRSshahid says
respected sir,
MY problem is that my father died in 2004 and he left one house which was further transfered among 5 included my mother.my father made 2 marriages ,after divorcing the first one he made marriage with m y mother.we r 2 sis and 1 son from her and 1 son from the first one.After his death property tax was issued on my mother;s name and other but one year my step brother somehow transferred it to his name and he is trying to get hold of it..my real bro is not taking any interest as he knows that i wil give him his share. i also want to give my step bro his share and want to keep the whole house.pls guide me in referenace
Admin says
@Shahid
The house will be divided between all of you including your step brother
Mudasser says
My father passed away he have one wife and five children one son is in abroad so if my mother apply for Succession Certificate then it is necessary all of us present in the court or what is the procedure.
Admin says
@Mudasser
you can obtain the power of attorney of your brother who is abroad
Salman says
Hi there. My Father in law died some days ago he has two brothers . A house which is combine property. And his brother are now going to.sale this property kindly confirm that the widow has anything from.the salling property?
Admin says
!@Salman
yes widow has share in the house of deceased
safia says
if a mamu has no kids will his nieces and nephews -sister’s kids have a inheritance share
Admin says
Yes
Sulaiman says
AoA,
My father died few days ago , now my grandfather want to transfer my father’s share to us (Grandchildren) , my father has one sister, he want to transfer to her also. can some one guide me how to do it in safe way to avoid courts.
1. through tamleek he can transfer 1/3 to us only .
thanks WS
Admin says
@Sulaiman
In his life he can transfer all his property to anyone he wanted through gift
Nadeem says
can i sale this home ( which is my father’s property who died last year ) without succession certificate? i live in pakistan
Admin says
No. you have to get succession certificate first
jkl says
My father has died and left my mother and 4 sons. Pls advice steps so that his bank accounts, property and other financial issues can be addresed. Do all accounts and property be transfered to my mother and how quickly it should be done.
Admin says
@JKL
go to court and file case to get succession certificate then you can transfer to your mother’s name
talha says
My father has passed away, i want to know how can the property be transferred to me and my brothers name? I heard about succession certificate how does the process takes place and how much time is required? I also want to know what if some property documents are lost what can I do to sell that property?
Admin says
@Talha
You need to obtain the Succession certificate via court
contact lawyer in your area to get it
ali says
Dear first of all i would like to appreciate your services.
I have two questions.
1. when some one has died and left adult children and wife. does deceased brothers and sisters can claim their share in deceased property(in any way)? or deceased children and wife will be successors only?
2. how much time does it take to get succession certificate?
Regards.
Admin says
@Ali
in presence of children and wife brothers and sisters are not entitled
it may take 3 to 4 months to get succession certificate
bilal says
can you please address my query, if a shareholder has a share certificate of 100 shares but wants to split this in let’s say 2 share certificate of 50 shares each, what is the procedure he needs to follow? and what has the company to do with it? any meeting or resolution? please notify any statute you use here. thankyou.
Admin says
@Bilal
you have to contact with your concerned company for the proceedure
Abc says
What is the procedure for withdrawal of amount in PBA account National saving center in case of death of account holder And If more then 1 legal heirs can you please define the status of nominee and all legal heirs they are not agree on nominee?
Admin says
@ABC
you have to get permission of the court before you can get saving certificate means you need succession certificate
HASAN says
RES SIR
sir mera sawal yey hai k succession certificate banany k liyay lawyer zaroory hai yaa khud application ka draf banwa kr submit kia ja sakta hai kyunkay kisi k maali halaat achay nahee hon to wo apna haq kaisay lay woh sub kuch chor day jis per dosray waris nay qabza kr rakha hai yaa koi aur fake docoment bana k property per qabiz ho plz advice me legal process
THANKYOU
Admin says
@Hasan
Court can allow this in some cases but you have to forward application to court for this
Muhammad Shahid says
pls let me know, do i need succession certificate to withdraw bank balance of my deceased father. SBP has waived through its circular the condition to show the certificate. But bank refusing it as account also has locker associated wth account, though locker is empty n carries no items.
daughter says
sir,
we are two sisters and a mother. my father passed away a long time ago.he left behind a house.basically,we are shia.but towards the end of my father’s life he showed inclination towards shia religion.actually,he had befriended some shia friends who had an impact on him.we never took that seriously,until his death and now,when we have heard that this thing can be used to our advantage.as you would know under shia law,a window and daughters can get legal heirship.the question is, we don’t know how to prove this claim? can we just go to any imambargah and ask them to write certificate accepting him as shia? is there any simple way out? the lawyer says civil suit which will take months and we are in a fix? morover,i have heard civil suits are very very exoensive too.except for the house, we have nothing with us.the money he invested in a buisness doomed.kindly, give a suitable solution.one that is pragmatic for our situation.we live in islamabad.
Admin says
@daughter
Yes you can get certificate from Shia Alim in this regard
but you have to file suit for succession certificate ,
find some economical lawyer for the purpose
javed hussain says
Dear Sir!
My brother and mother died one after the other within 1 year. I am now the only surviving heir to all their properties, moveable and immovable. My mother has a house in Lahore but she was in Karachi when she died.
Can I file a succession certificate in Karachi? I do not have any relatives or close friends in Lahore as I live in USA. So I need to give power of attorney to some one in Karachi to act on my behalf.
Will this work? One option is that I give the power of attorney to my wife and then she can stay in Karachi and get the certificate.
Please give me you advice what is best in this case. It is more that 2 years and I still have not filed for the certificate.
Thanks.
Admin says
@Javed
You can give Power of Attorny to your wife and send her to Pakistan for the matter
Yes you can file it where property situated
Javed Hussain says
Thanks for the quick reply.
Can I file for SC in Karachi even though the property is located in Lahore?
Thanks.
Ali says
Dear Sir !
Recently my father died n left around Rs 60k in Soneri Bank Ltd. When I went there to claim it with my mother he asked me to get succession certificate. When I consulted legal advice I was been told that I only need SC if the amount is more than Rs. 100k and if the amount is less, then it should b dealt within the bank itself. But the bank is in complete denial of such an act.
Please help me with it if there is such a law which clarifies this!
Thanks again for your time 🙂
Admin says
@Ali
Well some banks do not require SC if amount is less than 100K but other require it.
You should meet bank manager and trying to convince him otherwise you have to get SC to get that amount
Sher Sultan says
Dear Sir,
I was a contract employee of a federal government department for 6 years, when I resigned. I got no retirement benefits from my employer organization. Can I claim for GRATUITY under the law?
Admin says
@Sher Sultan
Yes you can
consult any service lawyer in this regard
Sikander Akram says
Asslam-o-Alaikum:
I wanted to know what documents are required for the making of succession certificate? And Court makes it or Nadra?
Admin says
Court can issue SC not NADRA
Rehan says
Dear Sir
Appreciate your guidance in this scenario.
My father has passed away. We need succession / legal heirship certificates. Now, 02 of my brothers are abroad and cant visit Pakistan. I’ll be grateful your guiding as to how to obtain these two certificates without the brothers coming to Pakistan. Thanks.
Admin says
@Rehan
get the power of attorney of your brothers who are abroad and then file suit in the court to get SC
rida says
salam. i am rida saleem from karachi. my father has died this year on 14 june due to cancer he was a govt officer and serving as a regional coordinator. after his death we applied for hiership in the DC office. (district commissioner office) we provided all the documents they asked to submit then they give an ad in newspaper and said to wait for 7 days after that we will get our hiership for further processes of getting pension and succession certificate. after some days a women claim that she and her children are also the legal hiers and she put forward an application to the dc to put her name with us in the certificate. for inquiries the nikkah nama that she provided in the office was fake. the commissioner also said that this is fake. provide the witnesses and evidence of your nikkah ( any photo album or cd of your nikkah) on the other hand they cancelled our hiership. the dc office sends her 3 notice for personal apperances with evidence but she did not came.we asked the commissioner to restore our hiership but they said we have to complete our duty you should wait we will take one sided decision which supports you. in the mean time she applies for succession certificate in the court she hired a lawyer and sends us a notification through a court person to appear in court on 27 september 2013 if we have any objection otherwise court will take decision supporting her.
please tell me what should we do we know that her documents are fake. the investigator tells us the whole story even this that she gives bribes to claim for succession certificate. we also visit a lawyer today she gives us no hope and she say ( agar maulvi ne ye keh dia k maine nikkah parhaya hai tw faisla us k haq main hooga, she also said paisa dey k sab kuch ho sakta hai) please help us
a daughter
Admin says
@Rida
no need to worry because it is simple to to won such cases on the evidence of single person.
they have to prove lot of things which is not so easy
so i think you should engage some competent lawyer who can guide you well
shawaiz says
dear sir.
My aunty is a widow, My uncle left some of his savings in bank account and to clear this amount we require succession certificate. My aunty has no child, will this amount be also distributed among the brother & sisters of my uncle or my aunty is the sole owner of this amount.
Admin says
@Shawaiz
Your Ant is sole owner of these acconts
Zulfiqar says
Hi Brother,
You page is very informative, thanks for guiding people you are doing a great job May Allah bless you with happiness and success. I have a small quick question all the brothers and sister gave their documents (PA) in favour of elder brother and now elder brother wants to sell property in less price and wants to do distribution the way he likes upon asking he threatens everyone and says ” PA is in my name if I will give nothing to anyone, no one of you can challenge me” please advise as no one trusts him anymore and he has all the powers since all gave papers in his favour.
Nothing is sold yet still there is a time to reverse decisions please advise?
Thanks in advance
Admin says
Thanks for your wishes
You people can cancel that PA by filing suit in the court and get stay order from court so your brother cannot sell the property
qaisra waheed says
RESPECTED SIR, PLEASE TELL THAT I GOT SUCCESSION CERTIFICATE IN 2012, FOR ME AND MY TWO DAUGHTERS AFTER THE DEATH OF MY HUSBAND. MY LAWYER COMMITTED A MISTAKE AND DID NOT MENTION IN MY EVIDENCE THAT MY HUSBAND WAS SHIA MUSLIM.
AFTER ONE YEAR THE BROTER OFMY DECEASED HUSBAND CHALLENGED THAT CERTIFICATE AND CLAIMED THAT THEIR BROTHER HAD NO MALE MEMBER , SO WE ARE ALSO LEGEL HEIRS OF THE PROPERTY OF OUR DECEASED BROTHER.
IT IS WORTH MENTIONING HERE THAT I TWO MUTATIONS WERE ATTESTED IN MY FAVOUR ACCORDING TO SHIA LAW,,,,,,,,,, PLEASE TELL ME WHAT I SHOULD DO TO CANCEL THEIR APPLICATION WHICH THEY FILED UNDER SECTION 12(2) CPC.
REGARDS
QAISRA WAHEED
MY
Advocate Abbas Mehdi says
Mrs Qaisra Waheed,
You may contest the matter ,Their application can be dismmissed.
Adv Abbas
qaisra waheed says
RESPECTED SIR, IAM WAITING THE ANSWER DATED 08,NOVEMBER, PLEASE REPLY.
REGARDS
QAISRA
Naba kay says
Respected Sir,
We have applied for succession certificate which has been granted with the condition of providing surety. Since all the family members are major and they have submitted their affidavit in favour of the petitioner for issuance succession certificate in his name. As all the members are major and they wish that condition of surety maybe exempted. The learned justice is ready to remove the surety condition but at the same time directed their lawyer to quote if such authority to remove the surety condition is available in books of Law and Practice. Kindly inform about such authority/Law giving name of book and relevant reference number.
With kind regards
Naba kay
Admin says
@Naba Kay
For that matter your lawyer has to search it
its not a big deal he will find many on the topic
regards
qaisra waheed says
Qaisra waheed says:
November 8, 2013 at 6:33 am
RESPECTED SIR, PLEASE TELL THAT I GOT SUCCESSION CERTIFICATE IN 2012, FOR ME AND MY TWO DAUGHTERS AFTER THE DEATH OF MY HUSBAND. MY LAWYER COMMITTED A MISTAKE AND DID NOT MENTION IN MY EVIDENCE THAT MY HUSBAND WAS SHIA MUSLIM.
AFTER ONE YEAR THE BROTER OFMY DECEASED HUSBAND CHALLENGED THAT CERTIFICATE AND CLAIMED THAT THEIR BROTHER HAD NO MALE MEMBER , SO THEY ARE ALSO LEGEL HEIRS OF THE PROPERTY OF OUR DECEASED BROTHER.
IT IS WORTH MENTIONING HERE THAT TWO MUTATIONS WERE ATTESTED IN MY FAVOUR ACCORDING TO SHIA LAWATER ,,,,,,, PLEASE TELL ME WHAT I SHOULD DO TO CANCEL THEIR APPLICATION WHICH THEY FILED UNDER SECTION 12(2) CPC.
REGARDS
QAISRA WAHEED
Reply
qaisra waheed says
Qaisra waheed says:
November 8, 2013 at 6:33 am
RESPECTED SIR, PLEASE TELL THAT I GOT SUCCESSION CERTIFICATE IN 2012, FOR ME AND MY TWO DAUGHTERS AFTER THE DEATH OF MY HUSBAND. MY LAWYER COMMITTED A MISTAKE AND DID NOT MENTION IN MY EVIDENCE THAT MY HUSBAND WAS SHIA MUSLIM.
AFTER ONE YEAR THE BROTER OFMY DECEASED HUSBAND CHALLENGED THAT CERTIFICATE AND CLAIMED THAT THEIR BROTHER HAD NO MALE MEMBER , SO THEY ARE ALSO LEGEL HEIRS OF THE PROPERTY OF OUR DECEASED BROTHER.
IT IS WORTH MENTIONING HERE THAT TWO MUTATIONS WERE ATTESTED IN MY FAVOUR ACCORDING TO SHIA LAWA,,,,,, PLEASE TELL ME WHAT I SHOULD DO TO CANCEL THEIR APPLICATION WHICH THEY FILED UNDER SECTION 12(2) CPC.
REGARDS
QAISRA WAHEED
Reply
zia says
a.o.a
sir meray father ki death hue 1998 mein un kay naam pe ghar hai karachi mein ghar lease nahe karaya kindly ap btaiyen ge yeh ghar meri walda ya bahan bhaiyon mein kisi aik k naam kaisay transfer ho ga aur kda k konsa department deal karey ga aur kya documents required ho ge.
plz reply zaroor kijea ga
regards
zia
Admin says
@Zia
You can transfer this house to anyone of your siblings or your mother if other agree to do this .
You must file suit in civil court in this regard
qaisra waheed says
PLEASE TELL ME THAT ETO DECISION CAN BE CHALLENGED IN CIVIL COURT FOR CANCELLATION>
REGARDS
WAHEED
MATTER VERY URGENT
Ammar Khalid says
Dear Sir,
My deceased uncle left some money in his bank account. His legal heirs are one old widow, one 17 years boy and a 14 years girl. The boy want to get succession certificate in his name to withdraw money from bank because his mother is old and ill too so he don’t want to unrest her. Is it possible for him to get money from bank via succession in his name. If not, please suggest the easy way.
Admin says
@Ammar
Yes he can get the SC with consent of her mother and sister but it is better to get it with mother’s name
to get money from bank SC is necessary
aqsa khan says
today was my hearing for evidence in court for succession certificate..but they keep my all original documents and said court will give you back after attestation.. is it true? i am doubtful..please help me in this regard.
Admin says
@Aqsa
no need to worry
court can do that but only confirm it that it is in written in court orders officially
Raheel says
My sister husband is passed away. my sister got a ‘ will’ her husband gave to her in his life that after my death his wife will be owner of his property no one claim any share even his children . and in the bank he made 100% nomination on her name. but my brother in law had two children from his divorced wife adult 1 son 1daughter. my sister has 2 duaghter minors. now bank wants succession certificate. because adult child claim by lawyer. so what will be value for ‘ will ‘ and nomination.
please reply
Admin says
@Raheel
In MUhammadan law a person cannot pass more that one third of his property through will
Farrukh Mughal says
Can anyone tell me that who are the legal heirs of deceased in succession certificate, if deceased did not wrote any will?
Admin says
@Farrukh
Muslim law do not recognize will
Unknown says
AOA , i am from karachi,
First of all i appreciated your efforts what you are doing here MA SHA ALLAH SWT.
i have read almost all the related questions and answers thoroughly and it clear me so many things.
Well
Respected , I just want to ask few things that are
– how much does court charge for S.C (any approx. amount plz )
– if an aged (52 yrs Old) widow apply for S.C so how long will it take to get S.C from civil court and can she directly apply for that or she needs to heir any lawyer ( as here almost all lawyers are greedy).
– Can she be directly apply and get the shares on her name or will she has to distribute them among children (3 sons+ 2 daughters) although no one is interested to take shares and all they (children) want to hand over all the share’s possession to her
– There are lawyers and a person who is saying that They could get the S.C on behalf of her with min. cost (around 70K / 80K) within least time. I don’t think so its min. cost for her bcz she does not do job, so i just want to ask for her only, kindly help because every lawyer is telling different stories (his own way stories) and she is fad up now so i want to help her at any how because she is need now. i want to help her bcz i am like her younger son
Your reply will be thankful and appreciated if you consider and reply this post.
Thanks for time
Regards
Admin says
@Unknown
Court charge nothing
2 or 3 months time on average
she cannot directly apply
70k is much too expensive , it should be 10 to 20 k , hire some cheap lawyer
Unknown says
can you recommend her any good and reasonable lawyer ? if its so kindly email (jhoncena85@yahoo.com) me his details please, your kindness will be our pleasure.
Regards
Jibran Bashir says
Sir,
I need your advice from my case. I have a brother who is married as has two children. My parents have expired and we hold 3 flats and a business. As per our verbal agreement one flat is given to me and rest of the property is my brothers. Now the issue is that he is an alcoholic and usually beats his wife and children. Now i want the flat to be transferred on my name but he delays things and is not interested. I want my sister in law to have power of attorney so she could manage the business and property and help me in transfer of my flat as i have to get married soon. Please advice…
Admin says
@Verbal agreement holds no importance in law
so both of you have equal share in all property
M A says
Aoa
we are two sisters our brother died before death of our father.At time of death of our brother, he left one son and widow. Now after death of our father and mother who also died earlier do they i.e. His son and wife inherit any share or are they legal heirs ??
Regards
Admin says
@MA
Yes they are legal heirs
M A says
Thanks a lot. May ALLAH bless you. My other question is that our father left propertiesin Karachi , Lahore, Rawalpindi. Property includes plots, national saving center certificates, bank balance. My Que is Is one succession certificate is enough for all these properties in various cities or do I have to get separate for all of them.
F.U.Khan says
A.O.A
Sir, mery walid sb fout hochoka hai. me succession certificate bana chahta ho. Grand father fout hai jabky Grand mother zinda hai kia Grand Mother ka name succession certificate me aye ga ya nahi.
Sadaf Rehman says
Dear Sir,
My father passed away six months back he had a house. I have two brother and my mother. i am married and living with my husband. one of my brother is in UK second one is here and living with mother.
what should we do to get property on name of us or either nominate one of our brother to deal future rental agreements, rent, renovation etc as we are interested to rentout it despite sale or distribution.
Please guide us
Best Regards
Admin says
@Sadaf
you need to give power of attorney to your brother so he can deal with all matter
Labeeb Ahmed says
I live abroad, my father died and his bank has been provided with all formalities. The bank manager has given pay orders to the local people and wants my letter of authority attested by the embassy which is 3000 km from my place and the amount of pay order is almost covering the fare and stay if i go there.
What other method can be used to provide letter of authority to the bank. The pay order is crossed in my name, donot know what is the issue with the bank not to hand it over to the authorised person, i already given a letter of authority.
Admin says
@Labeeb
You can do all this through your authorised person with power of attorney
shoaib mehsud says
my father was Govt servant who died ten years ago. My father married two wives. After the death of my father both of my mother got monthly pension of my decease father.
Now one of my mother also died a year ago.
now the question is that what portion both of my mothers got after the the death of my father.???
if it was equally divided between my two moms , now the remaining portion of my deceacs mother could be allocated to my living mother??. so that my living mother get the complete pension of my father….?????????
Admin says
@Shoaib Mehsod
Now your living mother is entitled for complete pension of your father
Ali says
Thanks for putting up this great website.I have a question. My uncle has passed away. He has a will that nothing from his property should be given to his wife and children. He only has one sister. Kindly tell me will the sister get all his property or there will be some other share holders also?
Admin says
@Ali
in Muhammadan law there is no concept of will so his wife and children are legal heirs
Kamran Ansari says
I have situation and ask for opinion.
Situation is that a person dies at the age of 42 leaves behind wife 32 year of age and 3 children.
Although wife does not have any intention to get married but she is young enough and perhaps change her mind on later stage. The man had some inherited property after due agreement with his mother/brother and sister.
Please advise how the succession would work
Admin says
@Kamran
at this stage simply the wife and 3 children are the legal heirs of that person
Qasim says
AoA,
My brother has passed away. he was not married. Our parents have passed away. I have one sister. who will be the legal heirs?
Admin says
@Qasim
You and your sister
Ali Malik says
AOA,
If deceased died issue less leaving behind property which is not her own purchase but it was inherited property, do in this condition her husband will inherited the share while deceased brother and sister are alive ???
Thanks
Ali
Admin says
@Ali
Once person own property through inheritance or purchase he is the owner so in your case husband is legal heir
Ali Malik says
Thanks.
Sarwat Ali says
My. Parents died and their property was transferred to me. And my sister. Now some relatives are threatening. That if we don’t give them. Equal share they will obtain stay on our property through lawsuit. Is it possible when property was transferred without any legal issues? They are forcing us to sell the property to a buyer of their choice who will give them their own pay orders. Like if it is worth Rs. 4. Rather than paying us both Rs 2 each he will pay Rs 1’to four . If we refuse to sell him they. are threatening with alawsuit and stay. Is this legally possible?
Please reply
Ali Malik says
AOA,
If woman dead issues then what is the share of her husband in her property while deceased has brother and sister present.
1. if deceased is Sunni
2. if deceased is Shia
Thxs
Ali
Farhan says
Aoa.
I need an expert opinion regarding Succession Certificate please.
My father passed away about 2 years ago. We were told that we needed a Succession Certificate in order to transfer funds from his bank account and saving certificates. My question is that is there a SC required to transfer his property into my name?
Thanks & regards,
Farhan.
Admin says
@Farhan
Yes
Muhammad Sarwar says
your guess
mohammad amin says
i have 2 children, son 14 yrs and daughter 11 yrs.after divorced family court give custody to me (father) and give order for visitation at mother home for a week. my children dont want to go there because they beat them n lock thm n moher dont love her children. so what sould i do for my children as they dont want to go to their mother? plz reply me as soon as possible.
Admin says
@Amin
You can challange that order of family court in higher courts.
imran khan says
can i file a suit vs head of office, department for non payment of arrears of salary for long time? how
Admin says
@Imran Khan
Yes you can but first you have to do all the departmental procedure regarding matter
naveed says
My father died n my mother also died in same weak my father had a pension account n my mom was nominee of that account i have 5 sis all adult n i m only bro adult too on which rate amount will be distributed
Admin says
@Naveed
We can not tell you the exact rate but proper way is to get that amount by all of you and then distribute it
jamal says
i and my father are the only heirs of my deceased mother. i applied for succession certificate. my father surrendered in my favour during court proceedings. but the succession certificate is issued in favour of both of the heirs mentioning each stake. is it by mistake ?
Admin says
@Jamal
If your father surrendered then it should be in your favour… there must be some mistake
saif says
I wan to buy a home from a widow who has three child,2 daughters and a son(all child under 12 years of age) . what will be the legal procedure as per Pakistani law
Admin says
@Siaf
you can buy it if she has transferred the property in her own name.
N. K. says
Q1) When buying a property, can wife write “I ……., daughter of ……..” instead of writing “I ……., wife of …….”?
Q2) Is it possible to replace husband name to father name in ID card?
Admin says
@NK
Yes he she but if it is written in the ID Car.
Yes she can through NADRA
Abdullah says
Hi Sir,
My brother age is 14 years. My father own a house.
Can my father issue him “general POE for house” to my younger brother? Means, my brother is minor (below 18). Is this possible by law? Will this POE be effective after my father death?
Thanks,
Abdullah
Admin says
@Abdullah
Your father can transfer property through gift … He can give power of attorney but after his death it automatically revoke …
jia says
my father died few weeks ago, he was only earning member b/c we are only sisters.(mean dead person has no son). I want to ask that my chachas( brothers of dead man) can claim for their part if we want succession certificate?
plz reply as soon as possible.
Admin says
@Jia
in case person died without son then brothers, father, mother of deceased also legal heirs although their share is small
Mohammed says
Dear Sir,
Thank you for all your comments/replies as this is invaluable information.
Please advise is it possible for me to act on behalf of my sister in law following the sad passing of my brother. Essentially I am trying to obtain succession & heirship documents so that i can transfer all assets to my sister in law. The only heirs to the assets are my sister in law and her six children, two of whom are minors. Our main residence is in the UK and in pakistan we reside in the district of Rawalpindi. What documents will I require to file relevant petitions at the courts. Many thanks,
Admin says
@Mohammad
You need to get power of attorney on your name from your sister in law and after that you can file petition on her behalf.
Alim says
AoA! Dear sir,
Masha Allah you’re doing a wonderful job by guiding people. May Allah Rab Ul Azit rewards you for this. Sir I’m in interested in knowing about “Mukhtar e Aaam” terms. My father developed a house and transferred it to the name of his father(my grandfather) from the beginning. My father has 2 brothers and three sisters. When my grandfather died I requested my dad to complete the formalities. To cut long story short recently we managed to get succession certificate in favor of my father. Now we’re in possession of death certificate of my grandfather and session certificate. Our property is in Azad Kashmir and now he wants to transfer it in my name as I’m one and only child of my parents. He said that he consulted some lawyer and he said that in order to transfer that house in my name he has to nominate a Mukthar e Aaam then he will transfer that house in my name. I’m having my doubts about this procedure why not my father can do it? Why there is a need of Mukhtar e Aaam? And what are the complications of nominating Mukthar e Aaam? I don’t trust anyone to be nominated as Mukhtar e Aam if that can risk transfer of house to my name….Please guide me! Is it a secure process? My dad wants to nominate my (Phupha ji) Husband of my father’s sister to be Mukhtar e Aaam. I’m in dire need to have detailed reply from your side.
sameera says
Dear Sir,
My father is 88years of age. My mother died many years ago. He has made my step mother who is 35 years of age nominee of his bank accounts in Lahore. According to sharia law will we not get any part of it? What are our rights on our fathers wealth? We are 5 siblings
Thank you
Admin says
@Sameera
In his life a person can give anything to anybody so you father can give all his property to second wife… in case he died then you have share in inheritance
Mrs. Tariq says
Thank you for your support and answers to people. It shows your dedication and commitment to your field. I have a query and I would greatly appreciate if you could answer it:
My mother passed away 3 years ago. Her mother (my grandmother) passed away recently. She left behind 4 sons and 3 daughters who are alive. There was a house on my grandmother’s name. My question is can I claim a share in my grandmother’s property, being her granddaughter, on my late mother’s behalf? According to shariah, I am not allowed. What about Pakistani court? What does court say regarding this?
Kindly help me! I will appreciate it so much.
Admin says
As your mother passed away in the life of your grand mother hence you are not entitled for the property of your grand mother.
Jalal says
Aoa
We are three children two brothers and one sister, mother got divorced ,then father married another lady got two kids, father died and before death he changed nominee name in govt record ,new name was of my step mother, Are we (from first , divorced wife) eligible to receive share in govt benefits?? If yes it would be kind if you can give me reference of particular rule .thanks lots of prayers
Admin says
@Jalal
If someone change the nominee in govt. record, it cannot be changed. But in all other assets of your father you all are equally shareholders.
Irfan says
Salaam,
My family is not based in Pakistan. I purchase properties and cars on their behalf in Pakistan. I have their properties, cars, and account balance on my name. I want to make a will so in case of something happens to me, they can get easy access to whatever is there’s.
How should I go on about making a will?
Admin says
@Irfan
There is no concept of will in Muhammadan Law. In muhammadan law you can give anything to anyone through GIFT. If u die your all properties will be distributed among your legal heirs.
So Better solution for you is to give whatever you want to anybody in your life
nasir ali says
my sister has two childs under 10 as she was not comfort with her husband and his husband has done another wed now my sister wants divorce but whats about the child as they will be with my sister or not? and even her hiusband does not inform her about the 2nd marriage.
Admin says
@Nasir Alichild
Although your question is related with our topic of discussion but here is your answer… In your scenario chances are that children will remain with mother if parties reach in the family court but there are many other factor which determine the ultimate fate of the decision.
Waqas says
Immovable property Gift to real brother,is it lawful in Pakistan ?
Admin says
@Waqas
Yes absolutely lawful
ABDUL SATTAR HAB says
AA SIR. about legal heir ship certificat
our n.i.c is district nushero feroze sindh.
1 can we issues legal heirship certifiact from karachi high court.
OR
2 can we issues from estat office in karachi
Admin says
@Abdul Sattar
U can file suit where property situated or defendants resides
Aliyah jabeen says
AOA sir, I have a question if a person had 3 sons and he gives his property as “Hiba” to his one son. after his death will the other two can take the shares or not?
Admin says
@alIYAN jABEEN
NO
aaa says
yes because Hiba he can upto 1/3 of total property
Imran Musani says
U can file a suit for cancellation of hiba and declaration of invalidity of gift to one son. Though it would be difficult to prove that such hiba was invalid, not complete etc etc. Hence this case.
Mehar rajput says
Hi mgha ya hna tha kh last year my father passed away ma unka bnk account sa ksa money nklwa skta hn nd second one kh jo ghr unka nme ha usa mother kh nme ksa krwa skta hn jb kh unka bhai hsa Dar na hn asa koi process btaen ….
Aftab Ahmad says
Aslam o alaikum Sir I appreciate and thank you for the info and guidance you providing here , I have a query regarding 4 successors wanting succession certificate in favour of only one of them , how the petition will be filed with consent of other 3 successors as you mentioned earlier i mean if they need to execute special power of attorney if favour of one of them or just appearing to give statement in court during proceedings is enough and how the title will go as ‘A vs Public at large etc ‘ or A,B,C vs Public at large ‘ . thanks
Admin says
@Aftab Ahmad
In that case one person need to file suit in court for succession certificate and all other will record their statements in court during that trial
Temur says
I have one daughter. What should I do that no one claim from my property after my death. WILL has any legal bind in this regard.
Admin says
@TEmur
there is no concept of will in Islamic Law… You can made hiba of all property to you daughter in your life
Muhammad Imran Musani says
Yes you can transfer your property in favour of your daughter or as a Gift. If you draft a WILL, then a WILL made not in accordance of Shariah is not acceptable and not executable. In your case you only have one daughter and according to Shariah your brothers and Sisters may claim the property after your death.
Rizwan says
Can i transfer my fathers property to legal heirs after his death from local patwari with out obtaining succession certificate. One more thing, this property is under revenue board with PT-1 form and is it legal in all forms. What is the process of selling it after wards. Thanks.
Admin says
@Rizwan
Patwari will ask for court certificate so first you need to obtain it
UZMA says
dear sir,
is any provision is avaiable
my sister- in- law died few last year, she was a (Rtd) govt school teacher and she was un-married. she left small amount in her bank account. her real sister has applied for withdrawal her balance.
Bank return her paper with following objection.
1- parents death certificate
2-un-married certificate from union office
i want to ask you is there any option is available in law? we can withdraw the deceased amount from bank without the following.
parents death certificate has been lost.
union council fee is high and processing time is very long.
please advice me IS AFFIDAVIT IS ACCEPTABLE.
plz reply as soon as possible.
Admin says
@Uzma
You need to get these documents in order to get money from bank… banks follow these rules strictly now days
Humaira, Sumera says
My father died about 4 years back he left one house which is occupied by two of our real and two step brothers we are two sisters and want to get our share but they are not giving us our share kindly let us know what to do and how we can get our share from our real and step brothers.
Admin says
@Humaira, Sumera
You can file suit in civil court regarding your legal share in property
urfan says
My father died six month back and we want to sell the house. We are five persons, 2 brothers, 2 sister and mother. Do we need to transfer it on our names and then cal sell it and what is transfer procedure.
Admin says
@Urfan… first you need to get succession certificate and transfer the ownnership then you can sell it
Imran Musani says
Yes you can transfer it directly
Aslam says
My father passed away some yrs back. After his death my grand father also died, can i share the property of my grand father???
Admin says
@Aslam
Yes You can
Ayesha Khan says
Sir mjhy info chaiye…meri ammi cancer se foat ho gyin hain…mere abu yaha ni hotay wo bahir hotay hain US mein..meri ami ka locker hai wo mjhy apnay nam krwana hai to wo kese krwa sakti hu..kyn k mere ghr phuppi phuppa wagera ye logo ki nazar hai iss pr
Admin says
@Ayesha
Get succession certificate from court regarding the belonging of your mother. in this regard contact any lawyer of your locality
ayan says
Salam
I want some information.. em living in a house which my husband gave me its on my name… can i sell dis house without his permission as i m the owner of house?
Admin says
@Ayan
Yes you can if you are the owner in documents
shoaib says
My father passed away 7 years a ago .We know that my house document is mortgage in bank but all dues clear we have bank letter as well .but documents is in bank.how can i take documents back.
Admin says
@Shoaib
You should communicate with bank in this regard otherwise you can file suit in civil court
Salman Khalid says
Dear Sir, Salam, I have one question. Please help me. My mother recently died and left house in Karachi. I am in UK. I have two brothers and one sister. Both brothers are living in the house and sister married living separately. I want to have my share in the house. Both brothers and sister not interested to sell the property. What I should do. I will appreciate if you answer step wise. Thanks in advance.
Admin says
You can claim your share through suit in civil court but its better if you siblings solve it among yourself
imran says
I want to know my father left special savings certificates with nominee mentioned in all certificates but I want to challenge the nominee name as money is not divided as per ordinance law 1962 as being a son I want my right as per islamic law. So Can I get my share despite of the fact that my father made nominee to some one else?
Admin says
@Imran
You can file suit in civil court. but it depends upon the nature of certificates
Aatif says
My father recently passed awayi am from first , divorced wife.he had national saving (RIC & BSC) certificates and pba account. He has made most of his nomination to my step mother(BSC&PBA) and small amount nomination to his brother(RIC &BSC)(UNCLE).Will account and savings certificates transferred to the nominees/ divided according to succession certificate.
Admin says
@Aatif
if he nominated the certificates then nominee will get them
all other un nominated property will be distributed accordingly and you also have right on it
Abdul Waheed Talib says
Respected Sir,
Our Father has died at October 24, 2015, He had only one home of 5 Marla and we are 11 Brother Sister, ( 4 Brother, 7 Sister) our mother is alive.
We Four brothers are living in this house. that is owned by my father.
Can we give the Virasat to our Sisters?
I have listened from someone that the Residential home cannot be divided in heirs.
Please guide me.
Admin says
@Abdul Waheed
according to law everyone has share in that property including sisters
Now its up to you how to divide it but sisters have legal share
Ahmer Sheikh says
Assalam-o-Alaikum!
Kia aik Deceased Government Employee ki widow apney shohar ki galat salary fixation per pay & allowances ke arrears claim karsakti hai, what will be the procedure.
Admin says
@Ahmer
Yes she can file suit in court regarding this matter and make department defendant in such suit
Ahmer Sheikg says
the department is claiming that the family of a retired govt servant is ineligible to make such a claim after the death of the employee, since no rule is qutoed by the department in this regards therefore please provide reference to the rule to support this claim
Ishtiaq says
Hi dear Jibran
My father died a couple of months ago. One of my brother is abroad and does not know the attorney procedure too.
For succession certificate, is it possible we do not show him as heir to accomplish the procedure fast and give him his due share after getting certificate. He also agrees this way. Need your guidance whether it would create any forgery issue or not?.
Admin says
@Ishtiaq
if you both agree then you can do it but technically it is illegal and you can be in trouble in future if something went wrong
Zubair Hussain says
Salam,
My father passed away and left following:
A- 1 PKR and 1 FC account (All single signatory) in bank in Pakistan.
B- Property/land in his name.
C- Land recently purchase by my father but was not yet transferred to him.
Below is out total family:
a) 1st Mother (Late) + brothers (All alive) + sisters (All alive)
b) 2nd mother (Alive) brothers (1 alive, 1 late) + sisters (All alive including 2 minor sisters)
Can anybody help me understand:
a) what is procedure for distribution of account balance and property ?
b) Will deceased mother and brother be considered in the distribution?
Admin says
@Zubair
Your step brothers and sisters are also legal heirs of property
you can file suit in court for succession certificate and then distribute the property according to law
Jamal Rehman says
Dear Sir
My grandfather passed away 2 years before my father passed away. My query is that as my father had 4 brothers and 5 sisters they haven’t acquired any succession certificate and things haven’t be devided yet. I want to apply for succession certificate for my family that is me, my mother, and my sisters.
What is the legal prospective of this and will it put us in some sort of disadvantage since there wont be a seccession certificate from my grandfather and I will obtaining one that is from my father.
Thank you
In desprate need for guidance
Admin says
@Jamal Rehman
You can file suit in court if other relatives are not giving you your right
if they are not agree to give you your due share you can file suit in court for specific property
awhb says
well I don’t need any certificates or property or whatsoever. I just want to clarify one thing is that in my childhood I was adopted by my deceased Grandfather. My biological father was not a good man. so my deceased Grandfather became my legal guardian and put his name as my father in all my educational documents. over the years I have become a professional engineer and through competitive exam got a high-level government Job in the services.
Now i just want to ask one thing since all my documents bear name of my Grand Father as my father and not my biological father. My uncles who in documents are my brothers. further i am in good terms with my uncles (who in documents are my brothers). Will it be a source of worry for me in the future? and affect my promotion or create any other problem (like during census visiting my house in Khi)? a legal reply shall be appreciated
Admin says
@Awhb
You have to follow the legal documents in this regard because all your rights and liabilities arise from the legal valid documents
Aysha says
Salam
Thankyou for this informative website. I have one question to ask you. My father has passed away last year. He left aroung 5k in his bank account. What I want to know is how much exact fees I have to pay to the lawyer and the court in order to obtain succession certificate ?
Aysha says
Sorry the amount is actually 5 lacs
Admin says
@Aysha
The fee of lawyer is not fixed in this regard
You can negotiate with lawyer
Aysha says
Thank you for your prompt reply sir. I would greatly appreciate if you could please explain this. “The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate” what is the fixed percentage for the amount of 5 lacs?
nahida says
naida
sir my father died about 12 years ago, he had agriculturel land, house,and certen amount.Due to some domestric problums my mother was angry with my father and was sitting with his father.But on death we all were present in our house, we are three sisters and a mother only, one of my sister is married.my grand father has died,now my mother along with me are helpless, the land of my father has been covered by my uncle(who was only brother of my father).our house was in possition of my cusens who sale some of our land made new house for them we are homeless.6 kanall agricultural land was given to us with the request of mohalla peoplesb out of 6 acers.we donot have any resorce of incom to deal with the case nither have mony to engage the advocate.
kindly guide me so that i with my ill mother may at have house,and living at my fathers property.
Admin says
@Nahida
You and your mothers have legal share in the property but to get it you need to file suit in court through lawyer
Abdul Rasheed says
I need help if someone (male/father) died and have two children (brothers) one of the elder brother who transaction of money from his father’s account and his brother is under 18 years old (age) so could it possible that his elder brother draw money from his father’s account without willing of his younger brother..
Admin says
@Abdul Rasheed
Legally after death of father, inheritance open and hence older brother cannot withdraw money without completing the procedure of inheritance
Adeela says
One of the husband expire at saudi arabia in road accident .
Now in order to get deyat amount and state life insurance policy .
I require succession certificate .
The decessed left his wife and two minors.
Now what i file the application and which document is required for submission.
Currently i have in my hand as below documents.
Death certificate.
Guardianship certificate.
Insuarance policy documents.
Road accident suit which was done at saudi arabia.
Kindly guide admim. I have require only SC.
Admin says
@Adeela
you can simply file suit for succession certificate in court and also state the facts there
but if court require necessary documents you have to arrange them
Muhammad Zeeshan Asad says
what would be remedy for a bank locker? according to sec#372 of Succession Act succession certificate can be sought for debts and securities. Does locker of bank fall within the ambit of securities.
Admin says
@Zeeshan Asad
You have to contact the bank for that purpose
if in their by-laws Succession Certificate is not required for locker you can have access without it otherwise you need to apply for that
Ahsan says
Is a successsion certificate required for joint accounts such as in cdc or with a broker
Fazal says
Sir, I want to ask that when the succession is obtained jointly by the family under the name of only one of the heirs and there is no will left by the deceased as to how to distribute the money in bank. Would the court also issue the order to that heir to whom the certificate is issued on how to distribute the money? Secondly what
If the heir after obtaining the succession doesn’t distributes the property among the other heirs. Is there a legal recourse?
Admin says
@Fazal
the order of court contain the details of succession certificate
if someone fail to comply with such order , aggrieved person can go to court
Arif says
Sir, my father has been died in 2012 and our flat belong to him. During his life I got the power of authorization through affidavit .
Now I want to sale my flat.
Do I need to apply for heir ship certificate? Or I can sale out flat ?
We are two brothers.
Please advice.
Admin says
@Arif
You have to obtain the Succession Certificate now
Sobia says
Aoa. I am single and I want to write a will leaving my belongings in my sister, her son and her husband’s name. Do I have to follow a legal pricedure for this or an affidavit would suffice?
Admin says
@Sobia
there is no concept of will in Muslim Law
if you want to give your belongings to your sister and her family you have to give them in your life as gift and transfer the possession in your life
Sobia says
All right. Thank you.
Naeem Malik says
My elder brother died in U.K. He was married to a Britisher. She has no Pakistani nationality. My borther has some property left in Pakistan. How that property would be distributed? I also have 2 brothers and two sisters and some neice and nephews whose parents(who are also my borther and sisters are not alive) . How this property wold be distributed?
Admin says
@Naeem
As for as the law is concerned that Britisher wife is also legal heir of your deceased brother and she is entitled for her share in his property
faizan says
Can u tell me about iheritence law before the partition of indo pak, that if a person deceases and he leaves four daughters and one son, are daughters partner in heritence at that time
Admin says
@Faizan
All the laws of that era are now repealed or changed
Farah akmal says
Sir i also needed to ask that my grandfather, who happens to be my grand mothers brother, gave this property as a gift. Now im her only heir. And my father has passed away and mother remarried. He recently moved to pakistan and is now demanding the property to be given back to him however she wants to transfer it to me. Is there any way he can get possession of this property if she doesnt transfer it to him by herself? Or can he by any means go to the court for this and gain possession?
Farah akmal says
My grandmother wants to transfer her property to me during the lifetime. As her husband( my grandfather) and her only son (my father) have both passed away. After my dads demise my mother remarried but im residing with my grand mother since birth. She has two siblings alive though. How should we go on with the procedure?
Admin says
@Farah Akmal
She can transfer any property to your name during her lifetime through gift
if she dies after that property will be divided according to law
so if person is alive he or she can transfer anything to anyone in shape of gift
Asif majeed says
Assalam o alikum sir ,I really need your advice .actually my father has been passed away for one year ago .he left some property like 2 houses and one office .but my father owned name only one house and others one house and office is on my mother name.I want to know Kay mare Jo walida ki property in Kay name ha Jo Kay WO alive hain .mujhay es main say share mil sakta ha because maray sister and brother nhe chahtay Kay our na he mare walida dayna chahte ha .actually to maray walid sab ki hi kamae ha Jo un ke death Kay bad mujhay nhe day rahe kue Kay brain wash keya huwa ha mare walida ka. Please advice kejyay.
Admin says
@Asif
Your mother is legal owner of property and it is on her weather she give you something or not
you can not claim it as right because actually it was your fathers
after your mother it will be divided among all of you but in her life you cannot claim it and she can give to anyone of you
deedar says
my brother died in 2007 he was unmarried, he left agriculture land about 2 acre, what is the procedure
to transfer the land. 2 brothers and two sister are alive.
Admin says
@Deedar
You all legal heirs apply for succession certificate in court
Yeetal says
dear admin,
my father’s sister’s husband died. he had no children, can my father may apply succession certificate.
Admin says
@Yeetal
No he is not entitled to any property
Rabia says
Salaam
I wrote you few days back but you didn’t reply me. I really need your help to get the advice. I live in abroad from 15 years and my brother also came here about 7 years ago through migration visa not get nationality.
My father has passed more than 20 years ago. No inheritance has divided because the step mother was alived and she didnt want to give any share to us. Now she has passed away few years ago. I was not in PK no one told me about her death. My brother keep meeting her during her illness, and she gave her will or he askef her to make a will and put everything on his name. As she were cancer patient on last stages.
My quedtion is as none of us rediding in Pk. How is the share divided among us?
I read that the share goes equal because none of us living there (and law of the living country will be followed)and court has decided the inheritance will go in our names.
Can you pkease help me to find out the should i get equal? Because i live in UK and tbe law here is equal share either sister or brother.
Please reply me via email.
Thank you
Admin says
@Rabia
as for as the share is concerned , the law of Pakistan will apply and here sister is not entitled for the equal right. You have legal share in the property but according to law of Pakistan.
Secondly you need to file civil suit in order to get your share or you can also file criminal complaint against person as new provisions are inserted in Pakistan penal Code regarding this issue
Rubina says
Aoa..Sir I appreciate your help offered through this website..Please help me in property division procedure. My father died long ago and he left a lot of inherited agricultural land in punjab which has been under total contol of er my one of 3 brothers till now. We are total 3 brothers and 1 sister. Recently my mother and my eldest brother expired with a lapse of 2 months.MY deceased brother has 3 children ( one minor). He was divorced.Now we want the possession of our property.Please guide us how should we proceed.
Admin says
@Rubina
You need to file civil suit against the brother who is occupying the land
now you can also file criminal complaint against any such person under new laws of Pakistan Penal Code
Madhu Sudhan says
Sir ,
Deceased has left widow and 4 brothers, Deceased’s elder brother is also died . Is their Nephew ( Bhatijey) are entitled to get share in the amount of deceased left in bank ?
Admin says
@Madhu Sudhan
If Deceased have children then no share for brothers and brother’s children
If Deceased has no children then brothers and deceased brothers’s children also eligible for share
Shahid alam says
my father buy a land with the help of his own money because he was working in two place and he buy the land in kisht not naqad he paid money in 10 year when he separate from his family now his brother {my uncle} clime that this land buy with my grand father money and my father saying I buy this land with my own money now my uncle saying give me my right and he is go to court this case is in court what we will do please help us
Admin says
@Shahid Alam
In that case fight the case in court of law
truth will win
Ali says
Sir aslam alicum mary father ki death ho gae h hum 3 bhai hain 2 sis hain 1 dead ho gae thi abhi 1 hai to kia mary dead waly sis ke baty hum se hisa mang rahe hain kia un ko daina legal hai
Admin says
@Ali
Yes they are entitled
although the matter is pending in Supreme Court but the practice is that such children are entitled
Omer says
AOA Jibran,
I want to ask you about National ( behbood) certificates of my Late father, where me and my sister were nominated at 50% each to recieve the amount after his death. Does the nomination stands equal to a will because other then me and sister, there 3 more sisters and my mother. So, in total heirs are as follows;
1 mother
1 son
4sisters
Hyder says
Dear Admin,
First of all thank you so much for helping out all the people above.
I have one complicated problem and i wish to work on it and it may take years but i wont stop.
My Grandfather died along all his family and the only surviving person is his son who happens to be my father. My Grandfather left a huge property kothi in Interior Sindh and the legal heir is my father of course for which i can fight but we have some relatives living there now and they have made a takeover on it. My father is an army guy and he deserves that house and i am doing what i can to retain it. We have no documents of the home and these people have been living illegaly on it for years now. Kindly advise on the issue and thank you taking the time to read..
(i believe a succession certificate maybe required? will work on it as well we currently dont have it)
My Best Regards to you !
samiullah says
ASA:
my father died last year 2016, have 2 sons and a daughter and widow,
my taya uncle died back in 2013, have 8 sons, 2 daughters and a widow.
my grandmother alive too.
how much share shall each legar heir qualifiy accordingly?
in case of grandmother death, shall we qualify for her share from taya uncle assets? just for the sake of knowledge and nothing else.
samiullah says
division of hiba property of deceased to parents?
manzoor says
My uncle (chachu) expired a month ago. He was unmarried. He had 1 elder brother and 3 sisters (1 unmarried, 2 married). His parents, elder brother and 3 sisters are already deceased. He has one son and 2 daughters surviving from elder brother, he has 1 daughter surviving from one sister and 4 daughters surviving from second sister. How will his inheritance be calculated. Will I (nephew) get all of it or will it be distributed among me and my sisters or between me, my sisters and cousins. Please advise.
Farooq Khalid says
Salam, My father has passed and he has 2 land plots in his name in Islamabad and in Peshawar. My mother is still alive Alhumdulillah and so are us kids. What is the best practice for us to prepare before we travel to Pakistan. Is there something we need to do here in the USA before we go? From as far as I can read, I believe that we need affidavits from all heirs leaving one heir responsible for the property.
What else must be done here first, and what will take place in Pakistan? Do we have to go to the local Pakistan embassy for anything? Please advice/guide.
Admin says
@Farooq
You need to make one person as representative of all and give him power of attorney of all others
he can file suit in Pakistan and get succession certificate
It is better to visit Embassy for other legal details
Maimoona says
My fathers property in the form of a plot is located at Gujranwala but we are the permanent residents of sialkot so where we have to file a suit for declaration certificate.either in Sialkot or in Gujranwala
Regards
Admin says
@Maimoona
You have option to file suit in one of both cities
Ali says
We have a property in our possession for last 40 years or so
The land owner died before transfering the property
How can we apply for possession or take possession
Admin says
@Ali
You can file suit in civil court if transfer is not possible now
Kamran Baig says
Both my parents passed away this year in New York. They owned some agricultural land, a plot and a house in Pakistan. They also have some PSO shares and bank accounts. I would like to get these assets transferred to my siblings and I. What would be the easiest way to get that done without getting bogged down in the Pakistani bureaucracy. Are there any documents that I can get here in the United States that can be used to prove heirship and effect transfer of the property?
Thank you for your input.
Regards
Admin says
@Kamran Baig
One of your sibling need to file suit in civil court here
you can send your power of attorney to him here
through that suit you can get the succession certificate in 6 to 9 months
HAFIZ WASEEM TARIQ says
Assalam o Alaikum
my father was died in 12 feb 2016 and my grandfather was died in 27 jan 2017 and my grand father have a bank account in karachi and one house where we all live with uncle and phuppo while all other land is in our village in Rawalpindi and 2 houses in Rawalpindi city.
now we want to transfer all the things to legal heirs so we need only succession certificate or we need both succession as well as heirship cert and we can get it from karachi or rawalpindi,,,if we get from khi it will accept in rawalpindi.
my grandfather have temporary address of karachi and permanent add from rwp.
can we transfer all property to our grandmother and she will distribute it or we can make a separate heirship or succession which process is better??
Danial Hussain Hydari says
Assalam-o-alaikum sir my eldest khala wants to get movable & immovable properties of my younger 2 deceased khala’s in her name. Right now this eldest khala along with my mother and another khala r survivors while 2 earlier mentioned khala’s and my mamu has died ( he was married & had children n wife).
Plz suggest how eldest khala can get all types of properties transferred to her name?
JazakAllah.
Admin says
@Danial
She cannot simply transfer all property to her name.
She need to file suit in court and all other legal heirs can go to court for the just distribution of property
Muhammad Faisal Munir Rana says
Respected Sir,
My Father died and he nominee me for many defense certificates and declare me as owner of some defense certificates after his dead my Brothers put pressure that by law and sharah these certificates can be claimed and divided evenally. I want to know whats the law and sharah says.
Regards,
Admin says
@Faisal
In Islamic Sharia, if Muhammadan died all his legal heirs are entitled to his property.
But as for as the Saving Certificates are concerned only nominee is entitled for them after person die
Beena says
My sister who was single died .She left 6 siblings behind .One of the sibling is abroad .Do we need to have a power of attorney on behalf of that sibling as he cannot come in near future .Plus can the person who is nominated for succession certificate have the power of attorney of the abroad sibling also
Admin says
@Beena
Yes you can arrange for his power of attorney to get succession certificate from here
Khalid sheikh says
Dear Sir
My father passed away few years ago and left some commercial property and a house my mum wishes to sell them but they were not transferred to her name can you advise what she must do.
Admin says
@Khalid
Your mother needs to get succession certificate from the court. It is simple suit which can be filed in civil court and you will get certificate withing months and then you can transfer that property to her name and she can sell it.
Khalid sheikh says
Thank you dear sir
Supposing she has the succession certificate how could she handle the sale if she wanted to appoint someone in Pakistan. Is there any other forms required to fill in?
Would me and my siblings need to sign anything to confirm authority that our mum has right to sell? I appreciate your assistance and input.
W.S
hash says
Dear Sir,
My grandfather had a house which when he died was past onto my dad and his 3 brothers. My dad and his 3 brothers are now also dead. the house still remains and has not been used for a numbers of years. My dad and his 3 brothers all have children which now means that alot of people have a share in that house. I have approached my cousins to sell the house and everybody get their equal share. Most of my cousins agree but a few do not wish to sell it.
I have also offered them to buy my share out but they claim do not have the money to buy me out.
So my question is there any legal action i can take so the house can be sold and everybody gets their share?
irfan says
Respected sir,
i have a 12o sqr yards plot i want to sale it but the problem is that the builder of that project has died in 2008 and their offices was closed ..now how can i trasfer it to the buyer…
Mirza Imad Uddin says
While court asked for a registered society office to verify the immovable property ownership status and the society does not responded on court notices issued twice, after that court had issued the show cause notice to the society. what will be the next step that can court take place if the response will not submitted or if the society office respond for asking more time for submission?
Ricco says
My father passed away in April of 2015. He had living in the United States since the the 1970’s. When he passed, he left two accounts open in Pakistan. One at the National Bank Of Pakistan and one at the Habib Bank Limited. I live in the U.S.A, do you have any advice on what I’d need or what I’ll have to do claim those funds and transfer them to my acounts?
waseem says
Dear Sir
Our father died in UK leaving behind immovable property ( Flat). I am residing in Pakistan and my 3 brothers are residing in UK.
Could u please guide me how to go about it ( steps)
(a) importantly what kind of power of attorney do I need from my brothers to get succession certificate and
(b) secondly how to get the property transferred on my name so that I can sell it and then we divide the share accordingly.
(c) Can one power of attorney from them can get me succession certified and then transfer the property on my name or I need to separate POA.
Umar says
Hi! To obtain succession certificate one must submitt security bond in the court, my question is what if one doesn’t have any security bond what they should do? What are the forms of security bond?
Plz reply ASAP. Will be very thankful 2 you as I have a case on this tuesday in court.
Maryam abbas says
Aoa,
Dear sir,
My father left 1 house in city and 1 shop in city area, 4 shops and aggricultural land. My elder brother wants to snach all of these specially commercial land and house, he says no one can get pt1 property from me. How could i get my part without going to the court?
Plz help…..
Kaleem Khan says
i have two question
1. What is the valid share in inheritance if a person has only daughter, wife , one full brother and sister?
2. My Uncle passed away will he be considered a valid heir after my father death?
Thanks
suffyan says
My father sold a 10 marla house. But now the buyer is asking for a succession certificate of that person who sold us that house.
I have every thing. Registry, PT1, old registry , power of atorny of that person who sold house to us. But no succession certificate.
What can i do .
Nida Khan says
Hello Sir:
Few years back my mother passed away in USA, at the time she passed away she had an apartment in Karachi, and she did mentioned to my two sisters and one brother that this apartment belongs to me. Since she was ill she couldn’t go to Pakistani embassy but she did went to notary and gave the statement that Karachi property belongs to me.
After her death my brother and sisters went to Pakistani embassy and signed no objection certificate stating transfer of property to me.
What should I do next so this property get transferred as I am living in USA.
Thanks
haroon says
my father died in 2014 and aunt died in 2011. The children of my aunt have cased a file for property claim. it was suggested that in Pakistan law if sister dies before brother and not claiming in their life span then not deserve that legally.. please suggest best possible option for winningthe case.
thanks
Mohammed says
Dear sir,
My family are uk citizens. My father has passed away. He has land and bank account in Pakistan Jhelum. My question is, what is the process Required for the property to be transferred to wife and children name. Is this done automatically when death certificate in Pakistan is issued. Also my uncle who is in Pakistan is asking for powers of attorney so he may transfer monies to us from my dad bank account. He is applying for succession certificate. Does this allow him to transfer money only. Or will he have power to seek land and property? Is another certificate required to sell land and property, suite for deceleration? Also what is intikal?
Ahmad Malik says
Salam,
Can I hiba property to my daughters on stamp paper and keep it with me , and incase I pass away my daughters can use this document to claim property so that my brothers or nephews cannot claim my property. Will this document be enough
Admin says
@Ahmad
Transfer property in their name in your life
only this way they will be secure in future
Shafi Ud Din says
Sir,
My son died in accident, PDMA has granted relief of Rs 300000/- May it is right that I will get succession certificate from court to receive the amount from District Administration ?
khalil says
Dear Sir/Madam
I have a question not sure if i am asking it at the right place.
My Wife passed away 9 years ago. We bought various plots in her name. We had no childern
Now how do i get the plots transfered into my name. Also she has 2 brothers who are alive and 2 passed away there are no parents,
The brothers have mad a claim they are heirs of the estate. What can I do?
Many thanks
Aamir says
I need assistance for one of my cousin whose property was in name of his father who died in 1984 there after they never got the process done , now until recently their mother died as well in 2018 now they are 4 legal heir of the property and all of the legal heir are residing in UK and Both parents mother and father died in Uk and they have their death certificate as well .whether all the legal heirs have to come to Pakistan(Islamabad) for the process or the only one can come on the others behalf and they give the special / general power of attorney after verification from their Pakistani consulate and Pakistan foreign office ,
Khan Muhammad says
R/Admin,
There is an adopted daughter of deceased govt servant and in all the documents the deceased is her father. her mother got pension till her death now finance department has denied to pay pension to adopted daughter saying that adopted child can not get such benefits. would you suggest some legal advice please also mention the rule.
Ali says
i have property in Rawalpindi, my father was sole owner of this property.
– my mother is alive,
– we are 5 brothers + 1 sister All alive.
– my grandfather died 15 years ago.
– my father (sole owner of property) died 5 years ago.
– my grandmother died 1 year ago.
– we created succession certificate in name of my mother, my siblings and grandmother under pressure of my taya (my father’s brothers) 2 years ago.
NOW THE PROBLEM IS:
– after death of my grandmother last year (i have her death certificate), my chachu taya and phopo. Are not allowing us to sell the property of my father.
– they are saying after grandmother death, now they also have right to my father’s property. (1/8) of grandmother share in our property.
– they want 50% of property share in cash, or else they won’t allow to sell it.
please advice you can also send me your phone number at jackl3344@gmail.com
Israr Ahmed says
Dear Sir,
My father has died 14th March 2018 in Islamabad, before 1.5 years he was the permanent resident of Karachi but after some circumstances my father, mother and 2 younger brother moved to Islamabad as a permanent resident. My question is after my father death, my mother sent me a legal letter which is subjected to be a (SPECIAL POWER of ATTORNEY) and she said please sign on it because you are in the Karachi and do not move frequently from Karachi to Islamabad, so on that behalf you can sign this letter so we can submitted the court and court will give approval to the bank to make a pay order on to my mother name to transfer such deposited amount. When I read the letter obviously Lawyer use legal terms, but I only understand My Mother will be owned everything on my behalf and become a legal guardian of all the property and home. Please help me on this regard, Really Thankful to you.
Saadia says
Respected sir, what is heirship certificate?
How we can get the heirship certificate ?
The local union council also issues the heirship certificate but ministry of foreign affairs do not attest this document. The court outside pakistan requires attested heirship certificate. We already have succession certificate from civil court of pakistan but I am not able to understand the difference between heirship certificate and and succession certificate.
Ali Haider says
Dear sir my grandfather died few months ago, he left money in bank accounts, and nominated heir my grandmother, can this can be challenged in respectable courts, my grandmother is not willing to divide this money to my father and uncles equally, hoping your best legal assistance
Admin says
@Ali Haider
If person nominated other for bank account then that other person has right and control over the funds
Sayyid says
My father died and he had an industrial plot in Rawat. We have only original allotment letter by the developers under my father name. We are 7 legal heirs. Anyone tell me what is the procedure to transfer property to all legal heris and then all legal heirs will surrendered under one so that he/she will sell the property.
Any guidance and help would be greatly appreciated.
Admin says
You need to get succession certificate from the civil court to sell it
KAMI KHAN says
Hello,
i want to know that what is the important value of HIBA NAMAH in Pakistan.
please must reply because i’m in trouble
Admin says
@Kami Khan
Hiba or Gift is legal and accepted way to transfer some property to another without any consideration in Pakistan.
ADNAN SALEEM says
MY FATHER PASSED IN 2012. HE OWES PROPERTY JOINTLY IN THREE PERSONS . BEFORE HIS DEATH THE OTHER TWO NOMINEES WERE RELATIVE . BEFORE DEATH THERE WAS CIVIL SUIT WHICH WAS DECIDED AFTER DEATH AND DEGREED IN MY FATHER FAVOR . HOW TO TRANSFER THE OTHER TWO BENAMIDAR SHARE ON MY FATHER NAME AND THEN TO LEGAL HIRES
Hafeez says
My mother passed away and she only had a house for her 4 children. Can you confirm:
– We need heirship certificate (from revenue office) – for any immovable property
– We need a succession certificate from civil court – for the movable property
Also, for the succession certificate, can the children given their power-of-attorney to the eldest son, even though he is also a beneficiary?
Thanks
Admin says
@Hafeez
You need Succession Certificate from civil court.
Yes all children can give power of attorney to one who can get succession certificate from the court
Muhammad Hasan says
Dear,
In 1990’s my grandfather owned a property and couldn’t transfer it to legal heirs.
My grandmother also died in 2008. Total legal heirs were 06 i.e. (03 daughters and 03 Sons)
01 Son i.e. my father died in 90’s. Leaving behind a Widow and 04 Children.
2nd Son died in 2012. Leaving behind a Widow and 03 Children.
So in Total 04 Children of my grandfather and 09 Individuals of deceased 02 Sons.
Total 13 Successors.
Kindly guide me regarding the process of mutation in the name of Widow. (My Mother).
Looking forward to your kind response.
Thank you
samsangdx says
Aoa sir plz tell me one answer mother die and father die but property is mother name after death property tranfer to her child / some % give to aunties and mamoo
Admin says
@Samsung
in that case no share for mamoo or aunts if children are alive
Amna says
My mother has some shares on her name it was her wish that after my death divide these shares in equal ratio to all my three children.
We are two brothers and one sister.
Now she died so can we make succession certificate according to hee wish and can divide the shares equally?? Pls help
Admin says
@Amna
If you people are agree to distribute according to her wishes then its ok
but if anyone disagree then they will be distributed according to sharia and law and in that case brother get more then sister
Amna says
We all three brothers and sisters agree and want to divide the share equally.
So can we make succession certificate according to that not according to sharia?
Amna says
We all three brothers and sisters agree and want to divide the share equally.
So can we make succession certificate according to that not according to sharia?
Adil khan says
My uncle has recently died during the service and he was an officer in Govt dept. He was married but was not having any child. So can the Gratuaty payment will be made to her widow only or will it be distributed among the widow and their siblings and for that succession certificate is mandetory ?? Reply Awaited. Thanks Alot
Amna says
Can we make more than one diversion certificate? ?
Amna says
Can we make more than one succession certificate??
aftab says
Hi,
My father died in june 2018 and we have already obtained succession certificate from court. I want to know
which office should i go to for transfer to our names?
How long the process takes? as its in different city and i have to take leaves.
Which documents are required?
Admin says
@aftab
you need to go to land record office of your area and change the ownership there
Hina says
My father suddenly passed away in Rawalpindi 3 months ago. Myself, my brother and my mother live abroad. My father left a property in Rawalpindi. Can you please advice how to proceed further to transfer the property and his bank account to the heirs? We do not have the property paper. Does each of heir need a succession certificate or legal heir certificate? what is the difference between the two certificates?
Do we all need to travel to Pakistan for the process of transferring the property?
Admin says
@Hina
You need to file a case in the court to get the succession certificate. You can give special power of attorney to one of your siblings for that purpose or you can all visit Pakistan for that purpose. Heir certificate and succession certificate are same.
Irfan Baig says
Asslam o Alikum,
Dear experts, my brother in law was Govt. retired employee and he has either or survivor pension account with his wife and there is dead sure this account has only pension and some amounts deposited by (widow) family member. After death of my brother in law my sister withdraw all amount from joint bank account and after few months one of her step son filed succession certificate to claim his share according to inheritance law, Could you please guide me after reviewing following points what should we do now: ?
1. This is Either or Survivor joint pension bank account
2. The widow has only one bank account with her late husband and she was operating this account as only account holder (means after opening this account all checks and cash withdraws operated by widow)
3. The step son had clashes with his father (late) and declared disobedient in news paper as well by his late father.
Please reply with your expert opinions, your quick response would be highly appreciated
Regards,
Javeria Waseem says
Assalam o Alaikum
My father passed away on 27 dec 2018, left behind a widow, 3 unmarried daughter, 1 married daughter & 1 son (married). Property (House) is in the name of father, we have no intention to sell or rent the house; is it necessary to transfer the ownership of house or we can continue with as it is?
If its necessary then we have to nominate 1 legal heir or all the heirs in family for inheritance?
Admin says
@Javeria
You can transfer the house to the name of your mother(as normal practice in our society)
other wise you can go on like this as all of you are owners of house
abi says
hello, my father died in January 19, leaving a private company after his name in which he was a director and a major shareholder of 50%, there are other members also with their respective shareholding in the company. It is a private company incorporated in SECP.
Now one of my father’s brothers wants to own this company and become a shareholder after my father, is it legally possible for him without the consent of children of the deceased ?
There is no will left by my father,
Admin says
@Abi
There is no concept of will in Muhammadan Law so it is irrelevant if he left will or not.
Only legal heirs of your fathers are entitled for the company and shares and your uncle cannot own the company
you need to take legal action ASAP because law only help vigilant
A.Khan says
Hello,
Thank you for advising everyone in need, great work !
All beneficiaries of assets live in USA
My father passed away few years ago. He left some moveable and un-moveable assets, such as plot and bank assets; in Karachi
We have gotten all documents cleared by court and clear to sell.
My question is
How to transfer funds from the sell to USA ?
What is the procedure, ?
where to get the permission ?
I thank you much !
Admin says
@A Khan
If you got all the necessary permission then go on and sell it
Funds will be transferred through banking channels
A.Afzal says
Hello
My Father passed away in 2015.he was a British citizen.he died in the UK in January 2015.
he left 2 sons from his first wife. then he got married again but he doesn’t have any other children from the second wife. how much share will his wife gets.
he had few properties in Pakistan. can you advise whats the easiest way to transfer property in to our names. and which court we can go for that.
Admin says
@Afzal
Recently Succession Certificate Act 2019 passed by Govt. but for now it is applicable for only Islamabad. That law simplified the procedure and gave powers to NADRA to issue succession certificates and letter of administrations.
Fawad Khan says
This is a very good and helping site. I am appreciating you for your work.
Sajid says
I want to know that “A person has died in 2017. His property consists of shops and warehouse. His legal heirs are 8. Elder son is getting all the rent from 2017. He is not ready to divide the rent to other legal heirs. How other legal heirs get their share?
Muhammad imran khan says
Dearest,
I am Imran khan from sialkot my wife was govt employee she died last year we have no kid kidly briefe me who is succsser of her insurance , finace assitant etc .husband or my wife parents ? my wife brother put application for succession certificate by name his mother .. and i chalnge it they are not successer i am her husband certifiacet should issue by my name … i ddeply request to you at the end who will be successer ? me or my wife mother ?
maqsood Jamal says
My mother has gifted me Bebhood Certificate via Gift Deed executed between Donor and Donee along with 2 witiness and also notrized. Why does National Savings Centre requires Succession Certificate. I have also declared as a Gift in my Wealth Tax Return and also paying tax for last 4 years
Razzaq K says
Our father passed away last year and we are in the process of getting our mother settled into her new life. I live in Europe and my brother and wife are in Pakistan helping my mother. My mother is asking me for my cnic # to get his pension. My question is: Can they use just my cnic # to get access to my portion of our inheritance? Unfortunately, I do not trust my brothers wife because we have had arguments in the past and my mother is very upset by her husbands recent death that I feel my brothers wife is going to take advantage of her. This, I realize, is a multi-tiered question because it involves not just our land, money, etc, but also property in Pakistan. It is not a small amount and I do not feel comfortable giving the number online. I just basically want to know if they can use ONLY my cnic number to get power of attorney or get a succession certificate ON MY BEHALF without my permission?
Shahid says
AOA, our father recently passed away and has left some assets (not real estate) on the name of one of his son. Will such assets be considered legally as inheritance?
Admin says
No
Fahad says
This is a very good and helping site. I am appreciating you for your work.
subhan ali says
Our mother died recently, we are 3 brothers and 2 sisters. My Father died long ago.
There is a house in a posh locality. The house is very expensive. The elder brother contributed some money in the construction of the upper portion (not 100% of the upper portion). The remaining house was constructed by the mother.
Now the same brother says, that
1). The house will not be sold in open market. I will not sign the succession letter. No one will get any money. He further says, that I want to buy the house.
2). Since I paid for the construction of upper portion. He says, it is assumed I constructed one portion of this house. Although, he partially did construction.
3). I will stop the whole process of succession. It’s a threat.
What legal options do we have?