Wakeelnama
Overseas

Inheritance through the court

The heirs disagree, an heir is a minor, NADRA declined your application, or the property is outside Islamabad and Punjab.

Punjab. 6 steps, 3 confirmed against the text.

What this route rules out

  • In Islamabad, a court will not take the case until NADRA declines it.

The steps

  1. NADRA

    Punjab only

    In Punjab, NADRA declines any case with a factual controversy among the heirs, and sends you to the court under the Succession Act 1925.

    s5(b), Punjab Letters of Administration and Succession Certificates Act 2021, read .

    The text says

    in case of any factual controversy amongst the legal heirs decline to assess the applications for filing afresh before the appropriate forum in accordance with the provisions of the Succession Act, 1925

  2. Lawyer

    Ask a lawyer which petition fits: letters of administration, a succession certificate, or a suit.

    UNCONFIRMED

    A 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

  3. 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

  4. District Judge

    Ask the court office or a lawyer for the court fee and the papers the court wants.

    UNCONFIRMED

    The court fee and the papers depend on the Court Fees Act and court practice, which we have not read.

  5. 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.

    UNCONFIRMED

    The 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.

  6. Patwari of the estate

    Punjab only

    For land in a Punjab revenue estate, report the inheritance to the Patwari at once so the record is changed.

    s42(1), Punjab Land Revenue Act 1967, read .

    The text says

    a person acquiring by inheritance or letter of administration under any law for the time being in force ... any right in an estate as a land-owner shall forthwith report his acquisition of such right to the patwari of the estate

One more step depends on where the property is. Choose Islamabad or Punjab above to see it.