Categories
Family Law

Succession Certificate in Pakistan, Succession Act Pakistan, Succession Laws 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 or Succession Act 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.

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Categories
Islamic Laws

Islamic Will

The Islamic Wills

This article is a very brief overview of the traditional Sunni Islamic law pertaining to the Islamic will. The aim of this article is to arouse awareness amongst Muslims particularly those living in the West regarding this important aspect of Islamic law. It should be stressed that when writing a will one should consult an Islamic scholar/legal expert to ensure that the will complies with Islamic law as well as the law of the country of residence.

When a Muslim dies there are four duties which need to be performed. These are:

  1. payment of funeral expenses
  2. payment of his/her debts
  3. execution his/her will
  4. distribution of the remaining estate amongst the heirs according to Sharia

The Islamic will is called al-wasiyya. a will is a transaction which comes into operation after the testator’s death. The will is executed after payment of funeral expenses and any outstanding debts. The one who makes a will (wasiyya) is called a testator (al-musi). the one on whose behalf a will is made is generally referred to as a legatee (al-musa lahu). Technically speaking the term “testatee” is perhaps a more accurate translation of al-musa lahu.

The importance of the Islamic will

The importance of the Islamic will (wasiyya) is clear from the following two hadith:

“It is the duty of a Muslim who has anything to bequest not to let two nights pass without writing a will about it.” (Sahih al-Bukhari)

“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the Fire. If, (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the Garden.” (Ahmad and Ibn Majah)

the will gives the testator an opportunity to help someone (e.g. a relative need such as an orphaned grandchild or a Christian widow) who is not entitled to inherit from him. The will can be used to clarify the nature of joint accounts, those living in commensality, appointment of guardian for one’s children and so on. In countries where the intestate succession law is different from Islamic law it becomes absolutely necessary to write a will.

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Categories
Property Law

Defence Housing Authority DHA Karachi Transfer of Plot to the Legal Heirs

TRANSFER OF PLOT WILL BE CARRIED OUT IN ACCORDANCE WITH THE ISLAMIC LAW OF INHERITANCE FOR MUSLIM MEMBERS AND RESPECTIVE LAW OF INHERITANCE FOR OTHER RELIGIONS.

  • To apply for transfer to Legal Heirs following documents are required to be submitted: –

    • The Legal Heirs apply for the transfer by giving an application and Affidavit on Rs. 20/- stamp Paper.
    • Copy of Death Certificate of deceased duly attested.
    • Original title document. In case the title document is not available due to loss etc the procedure of issue of CTC will be adopted.
    • Fingerprints and three specimen signatures of each Legal Heir on plain papers separately (For Female, right hand and For Male, left hand)
    • Two latest photographs of each Legal Heir duly attested.
    • 1 x attested photocopy of valid CNIC of each Legal Heir. (For minors, attach Form “B” of NADRA).
    • 1 x attested photocopy of CNIC/NIC of deceased.
    • Heirship Certificate duly attested by Justice of Peace/Nazim concerned/1st class Magistrate.
    • In case of more than one Legal Heirs, a consent letter from all the co-sharers be attached, indicating/mentioning the address on which the correspondence is to be made.
    • In case of single heir, Female only or Minors only as legal heirs, the following will also be submitted: –
      • Press publication as per specimen.
      • Affidavits from two reliable witnesses (deceased’s relatives) as per specimen.
  • Submission of Documents. The completed documents may be submitted to DHA By Post or By Hand through any one of the heirs (for heirs outside Karachi ONLY). For heirs residing in Karachi, documents be submitted PERSONALLY by any one of the heirs.

  • Once the legal heir documents have been accepted by the DHA Designated officer, please go over to the Accounts Branch (Cash Counter). The accounts branch will make necessary endorsement on the covering letter and then Transfer Documents be deposited at the Reception Counter. A Receipt will be issued by the Reception Counter.

NOTES

  • After the requirements given above are met, Defence Housing Authority would scrutinize the papers and hand over /post, draft Press Publication to the Legal heir for necessary publication in newspapers published from Karachi and the city/province of the deceased’s residence.

  • In case of any query/clarification, the senior legal heir or any one of the legal heir may be called for interview in DHA.

  • After transfer of property in the names of legal heirs, no further transfer will be made within one year from the date of transfer order.

  • Attestation of Affidavits :

    • Affidavit executed within Karachi be got attested by Oath Commissioner/Notary Public
    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate.
    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad / Consulate General.

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Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of Real Estate and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Family Laws Pakistan

Letter of Administration

Letter of Administration

If any person died intestate and left the immoveable property behind him/her then his/her legal heirs can file the for the grant of Letter of Administration in the competent court of law which is either District Judge of High Court under section 278 of the Succession Act 1925.

Court grants the Letter of Administration on executing the bond and submitting the surety in the name of petitioner who get mutated the said property in the name of legal heirs.

In the Petition for Letter of Administration all particulars are stating the time and place of the deceased death, family and other relatives, their respective residences, the right in which the petitioner claim, amount and assets with two witnesses who verify about the legal heirs of the deceased.

Our Team of Lawyers provide legal services in all major cities of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582