District East Courts, Karachi - Probate (Inheritance) Issues

District Courts East, Karachi

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A Sessions Judge acting as ex-officio Justice of Peace can always issue appropriate directions to the police authorities on a complaint regarding non-registration of a criminal case or neglect or failure by a police authority in relation to its functions. More

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District Courts East, Karachi

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Self Help Center > Probate (Inheritance) Issues

Probate & Letters of Administration

Probate is the legal process by which property owned by someone who is deceased has been passed to his or her heirs after the death. In other words, probate is simply passing title - or, determining who gets what when someone passes away, either by looking at the will, or if none exist, then the laws of intestacy - or laws that determine the hierarchy of heirs. If the deceased leaves behind a will, then a petition for probate is filed. If will does not exist, then petition for letters of administration is filed. For this purpose, one is to file petition for succession certificate in case deceased leaves behind cash amount and for other properties, moveable or immovable, for letter of letter of administration but only when a will has been left behind. If the deceased leaves no will otherwise a petition for a probate is filed.

One or more legal heirs can file the petition for the assets left behind by the deceased. The petition is filed in the prescribed forms annexed with the death certificate and all documents in support of ownership of the property by the deceased and affidavits of no objection by the remaining legal heirs. After verification of the affidavits by oath commissioner the petition is to be submitted before the concerned district judge if the value of the assets is less than Rs.3,000,000 otherwise in High court.

Any adult of sound mind in proper senses having no immediate danger of death on account of ailment can gift his property to any person .For a valid gift transfer of possession of the gifted property is must.

In Pakistan, only personal law of Inheritance is applicable. All the heirs and their shares are determined under this law. Since there is no statutory or man made law of inheritance in Pakistan, therefore there is no conflict with Islamic law.

Probate FAQ
Forms for applying for Probate and Letters of Administration

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