Inheritance through the court
The heirs disagree, an heir is a minor, NADRA declined your application, or the property is outside Islamabad and Punjab.
Islamabad. 5 steps, 2 confirmed against the text.
What this route rules out
- In Islamabad, a court will not take the case until NADRA declines it.
The steps
NADRA
Islamabad only
In Islamabad, apply to NADRA first. A court takes the case only after NADRA declines.
s10, Letters of Administration and Succession Certificates Act 2020, read .
The text says
No court shall exercise jurisdiction till such time the Authority declines to process application for issuance of the Letters of Administration or Succession Certificates by the Legal heirs.
Lawyer
Ask a lawyer which petition fits: letters of administration, a succession certificate, or a suit.
UNCONFIRMEDA succession certificate under the 1925 Act deals with debts and securities. The text we read does not settle which petition fits land or a house. Ask a lawyer.
s370(1), Succession Act 1925, read .
The text says
a succession certificate ... shall not be granted under this part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate
District Judge
A petition for a succession certificate goes to the District Judge, signed and verified like a plaint.
s372(1), Succession Act 1925, read .
The text says
Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908
District Judge
Ask the court office or a lawyer for the court fee and the papers the court wants.
UNCONFIRMEDThe court fee and the papers depend on the Court Fees Act and court practice, which we have not read.
Lawyer
If you are an overseas Pakistani and the property is in Islamabad or Punjab, ask a lawyer whether the special court must hear this.
UNCONFIRMEDThe special court Acts send every matter with an overseas party to the special court. They do not say how that fits a succession petition. Ask a lawyer.
s4(3), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
all actions, disputes, petitions, suits, proceedings and matters connected therewith in which one or more of the parties are overseas Pakistanis, shall be heard and adjudicated exclusively by a special court.
2 more steps depend on where the property is. Choose Islamabad or Punjab above to see them.