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How to Transfer Property after Death in Pakistan?

Under Pakistani law, legal heirs automatically become entitled to immovable property upon the death of the owner. The procedure for transferring property after the death of the owner to legal heirs is discussed herein for advance knowledge. In Pakistan, inheritance law is based on Islamic principles. This means that when a property owner dies, their immovable property is distributed among their legal heirs according to their relationship with the deceased. For example, blood relations like sons and daughters are deemed to have a close relationship and are therefore entitled to inherit the deceased's property. However, there are many factors that determine whether or not a relation is entitled to inherit property, so it is not possible to discuss all of them here. It's important to note that an owner can transfer their property to anyone they choose, either by sale or gift, before succession (i.e. during their lifetime). After the property has been transferred, the owner's legal heirs have no claim to it upon their death.

STEP 1: REPORT FROM REPUTABLE SPECIALIST REGARDING HEALTH OF CHILD

INHERITANCE CERTIFICATE

The transfer of property to the legal heirs upon the death of the owner is not possible without the issuance of an inheritance certificate, locally known as the declaration of legal heirs. Upon the issuance of the declaration of legal heirs, the property can be transferred in their name and not otherwise.

STEP 2: PREPARE CHILD ADOPTION CONTRACT

WHAT IS INHERITANCE CERTIFICATE?

The inheritance certificate, or Declaration of legal heirs, is a decree issued by the Court that declares the legal heirs of a deceased person. Obtaining a declaration of legal heirs from the Civil Court is of crucial importance when someone dies and leaves behind property in Pakistan. Governmental and Private Housing Authorities are required to incorporate legal heirs only after receiving a declaration of legal heirs from the Civil Court.

STEP 3: OBTAIN GUARDIANSHIP CERTIFICATE FROM COURT

HOW CAN YOU ACQUIRE INHERITANCE CERTIFICATE?

If you wish to obtain a Declaration of legal heirs from the Civil Court, you must first file a suit for declaration with the court in the jurisdiction where the deceased owner's property is located. The following documents are required for the issuance of a Declaration of legal heirs:
• Death certificate of deceased owner
• CNICs of the Legal Heirs
• Family Registration Certificate from NADRA
• Publication in 2 widely circulated newspapers
• Deposing of statement before Civil Court
• One independent Witness
• Mutation/Registry/allotment or transfer letter of Immovable Property

OUR SERVICES

At Burhan & Associates, our expert inheritance lawyers have the experience needed to help you obtain a declaration of legal heirs from the court. We understand how our clients may feel insecure about their case and promise to handle it with complete professionalism. Our lawyers are reliable and professional, and we can obtain an inheritance certificate or decree of declaration of legal heirs from the Civil Court in 3-4 hearings maximum.

Lahore Office

Main Boulevard Gulberg, Main Market, Lahore, Punjab 54000
Mr. Ahmed Burhan

Faisalabad Office

Burhan Center, 97-99, Gulistan Market Railway Road, Faislabad, Pakistan
Mr. Ahmed Burhan

UK Office

Associate Office (London)
Mr. Ahmed Burhan

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