When someone dies, their heirs usually know what the shares should be. The difficulty is proving entitlement to a bank, a company, a land registry or a share registrar - none of which will act on an affidavit and a family consensus. That is what a succession certificate or letters of administration are for.
Who inherits
For Muslims, intestate succession is governed by Islamic law, and the shares of spouses, children, parents and other heirs are fixed. Section 4 of the Muslim Family Laws Ordinance, 1961 adds an important rule: the children of a son or daughter who predeceased the deceased take the share their parent would have received. For non-Muslims, the Succession Act, 1925 and the relevant personal law apply.
Two things follow. There is no general power to disinherit an heir by will beyond the limits recognised by the applicable personal law; and a settlement among the heirs is enforceable between them but does not by itself change the public record.
The NADRA route: usually the fastest
The Letters of Administration and Succession Certificates Act, 2021 created an administrative route as an alternative to going to court. NADRA, as the designated authority, can issue a succession certificate or letters of administration on the basis of its own family-tree verification, after publishing notice and allowing time for objections.
It works well where the heirs are agreed and the family record is clean. Expect to provide:
- The deceased's death certificate (NADRA-registered) and CNIC
- A Family Registration Certificate and CNICs of all legal heirs
- A schedule of the assets - bank accounts, securities, vehicles, immovable property - with account numbers and document references
- Attendance of the heirs for biometric verification
If a genuine objection is filed, or the family tree is disputed, the matter goes to court. The administrative route is designed for the uncontested case, not to override a real dispute.
The court route
Where the estate is contested, or where an heir is a minor, or where the assets or the heirs sit awkwardly with the administrative process, the traditional route applies: a petition for a succession certificate under the Succession Act, 1925 for debts and securities, or for letters of administration where administration of the estate is needed. The court publishes notice, hears objections, and may require security from the administrator.
This takes longer - months at least, and considerably longer if contested - but it produces an order that resolves the dispute rather than deferring it.
Immovable property: the inheritance mutation
For land in the revenue record, the operative step is the inheritance mutation - virasat intiqal - entered in favour of the heirs in their respective shares. Until that entry is made, the record continues to show the deceased, and no heir can validly sell. Apply promptly: delay lets a co-heir deal with the property, and it multiplies the number of parties as the next generation arrives.
When an heir is being excluded
Exclusion of female heirs remains common, and the law has specific answers.
- Section 498-A of the Pakistan Penal Code makes it an offence to deprive or prevent a woman from inheriting property to which she is entitled.
- The Enforcement of Women's Property Rights Act, 2020 and its provincial counterparts allow a woman to complain to the Ombudsperson, who can determine the complaint and direct restoration of possession or title - a faster route than a civil suit.
- A conventional civil suit for declaration, partition and possession remains available, and a suit challenging a fraudulent gift or relinquishment obtained from an heir is a standard remedy. Watch limitation carefully.
Practical points
- Do not let one heir hold all the original documents. Get certified copies early.
- Freeze nothing informally - notify the bank of the death in writing so that later withdrawals are traceable.
- Identify liabilities as well as assets; heirs take the estate subject to the deceased's debts.
- Pakistan does not currently levy an inheritance or estate duty, but transfers of inherited property have their own tax and stamp consequences, so take advice before restructuring shares.
This article is a general overview and not advice on a specific estate. Entitlement depends on the personal law applicable to the deceased and on the facts. Consult an advocate before filing or before signing any relinquishment.