How To Get Inheritance Certificate Over Immovable Properties

inheritance certifcate

If you need to know that what is inheritance certificate in Pakistan? or how to get inheritance certificate in Pakistan? Then you came to the right place.

Basically, inheritance certificate is registered document issued by the civil court. This inheritance certificate is required when a person dies leaving behind immovable properties and gold ornaments.

Once legal heirs of the deceased get inheritance certificate they can transfer immovable property of deceased on their own name.

But where deceased legal heirs do not apply for inheritance certificate before court, the revenue authorities do not allow legal hairs to transfer immovable property in their own name.

For Example: where a deceased left behind land, building, house, flat, warehouse, gold ornaments, shops etc then his legal heir need inheritance certificate in the form of declaration suit.

It is a mandatory requirement of revenue authorities or housing schemes, that legal heirs must have inheritance certificate in Pakistan. In order to get this certificate a proper case is filled in civil court. It is also known as Warasatnama.

Related: How To Get Succession Certificate To Withdraw Money From Deceased Account

The inheritance certificate allows the heirs to transfer immovable properties. So this certificate will not serve you any purpose if the deceased had movable properties like money in the bank, bonds, shares in company etc.

So if anyone told you that he can get inheritance certificate for movable property in Pakistan. Well he telling you a lie. For that succession certificate is obtained from the court.

This inheritance certificate establishes the right of heirs and determines their right in the property. It also gives power to the legal heirs to ask authority to transferred immovable property in their own name.

Succession Certificate Requirements

These are the documents required for inheritance certificate in Pakistan and are attached at the time of initiating this civil suit.

  1. Death certificate of the deceased
  2. CNIC (Identity Card) of the deceased
  3. CNIC (Identity Card) of the heirs
  4. Notices and public advertisement
  5. Statement of the all heirs or any one of them
  6. One independent witness
  7. Registry/ mutation of immovable property

The Procedure for getting certificate is quite simple.

Procedure of Inheritance Certificate

To file this case lawyer prepares a plaint in a written form and present it before court. This plaint is accompanied with all relevant documents as stated above.

The lawyer mention every detail about legal heirs and properties which deceased has left behind.

On first hearing the court will order for the notices in the public newspaper as a advertisement.

On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

Fourth hearing is fixed to hear the arguments and after that the order for granting the inheritance certificate is passed, only if the court is satisfied.

This whole process takes about 1 month.

When the certificate is received the heirs can apply for the original copy of order. Take it to the concerned autority and told them to transfer property in their own name.

Format of Inheritance Certificate

The sample inheritance certificate format is available here. This is just inheritance certificate sample Pakistan you can add additional information in inheritance certificate if you want. The draft of Warasatnama is given below.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

NFa s/o JdF resident of H. No __, St No. __, Sector __, ____ Phase __, Rawalpindi

…Plaintiff

Versus

Public at Large.

…Defendant

SUIT FOR HERESHIP CERTIFICATE

Respectfully Sheweth

  1. That the father of the plaintiff namely JdF son of NdD died on 21st March 2018.
  2. That the said deceased left behind the following legal heirs.
    1. JdF                                     Son
    2. NF                                      Son
    3. SJS                                    Daughter
  3. That the mother of plaintiff has already died 2000, so, there is no other legal heir except the above said persons.
  4. That the deceased also left behind following properties.
  • Flat/Apartment F2-A2 at Bahria Town, Second Floor, Plot No. 153-J, Category General, Phase IV, The Civic Center, Rawalpindi, Measuring 201.00 Sq. Ft.
  • Hall/Basement No. 1 at Bahria Town, Lower Ground Floor, Plot No. 153-J, Category General, Phase IV, The Civic Center, Rawalpindi, Measuring 746.00 Sq. Ft.
  • House No. 36, Street No. 07, Sector B, Phase-1, DHA, Islamabad.
  • Plot No. 560-B, Measuring 500 Sq. Yds at commerce Employees Co-operative Housing Society, Islamabad.
  1. That the plaintiff required the declaration to the effect that the plaintiff along with above mentioned persons are lawful legal heirs of deceased by the competent court of law and no other person is legal heir of deceased except them. If they are not declared as legal heirs of the deceased named above then they shall suffer an irreparable loss.
  2. That the cause of action accrued when the father of the plaintiff died which is still continuing.
  3. That the property is situated at Rawalpindi, hence this Honorable Court has jurisdiction to entertain and adjudicate upon the matter.
  4. That the prescribed court fee has been affixed on the plaint.

In view of above, it is most humbly prayed that the decree for declaration/ inheritance certificate to the effect that the following persons are legal heirs of deceased namely JdF son of NUD,

  1. JF               Son
  2. NF             Son
  3. SJS           Daughter

and no other person except them is legal heir of deceased, in the interest of justice,

Any other relief, which this Honorable Court may deems fit may also be granted to the plaintiff.

Plaintiff

Through

(Muhammad Mateen)

Advocate High Court

Verified on Oath at Rawalpindi on this ____day of July 2018 that the contents of Para No. 1 to 7 are true and correct to the best of my knowledge and belief and rest of the paragraphs are believed to be true and correct.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

NF s/o JdF resident of H. No __, St No. __, Sector __, ____ Phase ___, Rawalpindi.

…Plaintiff

Versus

Public at Large.

…Defendant

SUIT FOR HERESHIP/ INHERITANCE CERTIFICATE

Affidavit

That I, NF s/o JdF resident of H. No __, St No. __, Sector __, ____ Phase ___, Rawalpindi.

Do hereby solemnly affirm and declare as under: –

That the contents of attached suit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

                                                                                                            Deponent.

Verified on oath at Rawalpindi on this _____ day of July 2018 that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent.

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