Declaration, Succession And Heirship Certificate In Pakistani Law
Some time we are faced with a situation wherein we need legal help. The need may not necessarily arise because of a dispute with someone and it could be a consequence of events beyond human control. The most common example is death/expiry of an individual. Once a natural person dies, his estate/property devolves onto his legal heirs under Islamic Law. However, the law and prevalent practice requires compliance of legal requirements before the property could transfer to his/her actual legal heirs.
The assets of deceased shall be either movable or immovable such like a house, land, plot etc, or money in the bank, saving certificates, shares etc. The law provides procedure to get title of house, land, plot etc or money in the bank, shares etc according to principles of Islamic Law.
Following are brief details of the procedure:
Procedure to Get Ownership of House/Plot/ Land and Immovable Assets etc: The legal heirs of deceased are required under the law to file a “Suit for Declaration” in the civil court and declare themselves as lawful successor of the deceased. Once the court makes declaration in favour of legal heirs, their names can be added as titleholder in the record of relevant regulatory authority.
Legal Requirements: For the filing of “Suit for Declaration” death certificate of the deceased is required along with title document of subject property and CNIC of the persons filing the suit. The estimated time for getting declaration, in case of no opposition from public, is between 3 to 6 months.
Following are procedural steps of suit:
- Filing of the suit
- Notice & advertisement
- Reply of Interested parties
- Recording of evidence
- Final arguments & decree by the Court
Procedure to Get Possession of Money in the Bank, Shares etc: For getting possession of Money in the Bank, Shares etc in the name of deceased, a Succession Certificate is required under Succession Act 1925 (the “Law”). The Court satisfies itself to the requirements of Law and issued succession certificate according to principles of Islamic Law.
Legal Requirements: For the filing of “Application for Succession Certificate” death certificate of the deceased is required along with detail/proof of subject asset and CNIC of the person(s) filing the application. Moreover, before the issuance of succession certificate Security Bond is required to be submitted to the satisfaction of the Court. The estimated time for getting succession certificate, in case of no opposition from public, is between 3 to 6 months. The process of application is the same like suit for declaration.
