21/02/2026
Frequently Asked Questions – Inherited & Property Matters in Pakistan
🔹 Inherited Property & Co-Sharer Rights
Q1: What are the rights of co-sharers or co-owners after the death of parents?
All legal heirs automatically become co-owners in the inherited property according to Islamic law and Pakistani law. No single heir can exclusively occupy, sell, or transfer the entire property without consent of others.
Q2: How is inherited property divided under Islamic law?
Property is divided according to Quranic shares (Farāʾid). Shares differ depending on whether the deceased left a spouse, sons, daughters, or parents.
Q3: What are the specific shares under Islamic law?
Generally:
A son receives double the share of a daughter.
A widow receives 1/8 (if children exist).
A widower receives 1/4 (if children exist).
Shares vary depending on family structure.
Q4: Can a son sell inherited property without consent of other heirs?
No. A co-sharer can only sell his own undivided share, not the entire property without consent of all legal heirs.
Q5: My brother is denying my share as a daughter. What can I do?
A daughter has a legal and Islamic right in her father’s property. She may file a suit for declaration, partition, and possession through court.
Q6: My parents secretly gifted property to one sibling before death. Can it be challenged?
Yes. A gift deed can be challenged if it was obtained through fraud, coercion, undue influence, or without possession being transferred.
Q7: My brother transferred inherited property without informing us. What should I do?
You may file a suit for declaration and cancellation of mutation and seek a stay order.
Q8: My brother is living in the inherited house and not sharing rent. What remedy do I have?
You may file a partition suit and claim mesne profits (rent compensation).
Q9: My brother sold the entire inherited property without consent. How can we stop it?
Immediately file a civil suit for cancellation and obtain a stay injunction to stop further transfer.
Q10: I am an overseas Pakistani and my property is grabbed. What should I do?
You may appoint a special attorney and file civil proceedings for recovery, possession, and injunction.
Q11: How can property disputes among siblings be resolved?
Through family settlement, mediation, or by filing a partition and declaration suit in civil court.
🔹 Property Transfer & Gift Matters
Q12: What is the procedure to transfer property in Pakistan?
Transfer is completed through sale deed or gift deed registration before the relevant Sub-Registrar and mutation in land records.
Q13: How much does property transfer cost?
Costs include stamp duty, registration fee, and mutation fee, varying by province and property value.
Q14: How long does a property transfer take?
Usually 1–4 weeks depending on documentation and land record verification.
Q15: Can I gift property in Pakistan?
Yes, through a registered gift deed (Hiba) with proper acceptance and possession.
Q16: How can I transfer ownership to my wife?
Through a registered gift deed or sale deed.
Q17: How do I transfer assets to my son or daughter?
You may execute a gift deed during lifetime or distribute through inheritance after death.
Q18: Can a daughter claim her father’s property?
Yes. A daughter is a legal heir under Islamic and Pakistani law.
Q19: How can I transfer my property share while living abroad?
Through a registered Special Power of Attorney executed abroad and attested by Pakistani Embassy.
Q20: What is Section 145 CrPC?
Section 145 of the Criminal Procedure Code deals with disputes concerning possession of immovable property likely to cause breach of peace.
Q21: How can I remove a stay order on my property?
By filing an application for vacation of stay and contesting the injunction in court.
🔹 Succession Certificate & Letter of Administration
Q22: What is a Succession Certificate?
A legal document issued by court authorizing legal heirs to collect movable assets (bank accounts, shares, etc.) of the deceased.
Q23: What is the purpose of a Succession Certificate?
It is used to withdraw money from banks, operate lockers, claim shares, and financial assets.
Q24: How can I obtain a Succession Certificate in Pakistan?
By filing a petition before the relevant civil court or through NADRA’s succession process (for movable assets).
Q25: What documents are required for a Succession Certificate?
Death certificate
Legal heir certificate
CNIC copies of heirs
Asset details
Affidavits
Q26: What is the cost of obtaining a Succession Certificate?
Court fee depends on asset value (percentage of total value).
Q27: What is a Letter of Administration?
It is issued by court when property (especially immovable property) is to be administered.
Q28: How long does it take to obtain a Succession Certificate?
Normally 1–3 months depending on objections and documentation.
Q29: How to transfer property after obtaining a Succession Certificate?
Apply for mutation in land records based on the certificate or letter of administration.
Q30: What is the procedure for overseas Pakistanis if the deceased passed away abroad?
Death certificate must be attested, and legal proceedings filed in Pakistan through a special attorney.
Q31: We need a succession certificate to withdraw bank money or operate locker. What should we do?
File a succession petition with bank details attached.
🔹 Expert Legal Services for Property Matters – All Courts in Pakistan
We provide legal services in:
Suit for Declaration
Civil Suits & Partition
Stay Orders & Injunctions (Sui Gas, WAPDA)
Property Division After Death of Parents
Mutation & Title Transfer in Punjab Land Records
Probate & Inheritance Cases
Joint & Agricultural Land Disputes
Attachment of Property
Loan, Lien & Mortgage Issues
Validation of Foreign Court Judgments in Pakistan
Civil Court Property Litigation
We ensure professional handling and complete legal support for local and overseas clients.
📞 Contact
ASMA LAW ASSOCIATES
🌐 www.asmalawyersinpakistan.com
📱 0300 6622189
