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| Heirship Certificate from Court in 2023 |
Following points regarding Legal Heirship fro courts have been covered in this article:-
- What is Heirship Certificate?
- Meaning of Heirship Certificate in urdu?
- Issuing authority?
- Sample of Heirship Certificate from Court
- Sample of decree sheet (heirship certificate)
- Purpose of Legal heir ship certificate
- Documents required for legal Heir certificate
from Court
- How to apply for Heirship Certificate from
Court?
- Processing Time for issuance of heirship certificate ate from Court
- Court's Heirship Certificate fees
- Other related information
1. What is Heirship Certificate?
Heirship
Certificate is a document, in which, names of all legal heirs of deceased are
mentioned. Besides, the relation of each heir with deceased along other details
are also mentioned in a Heirship certificate. The other terms which can be used
in place of legal Heirship certificate are Warasat Nama وراثت
نامہ, decree of declaration of legal heirs by court or Letter of
Administration by NADRA.
2. Heirship Certificate meaning in urdu
Heirship
Certificate is a document, in which, names of all legal heirs of deceased are
mentioned. Besides, the relation of each heir with deceased along other details
are also mentioned in a Heirship certificate. The other terms which can be used
in place of legal Heirship certificate are Warasat Nama وراثت
نامہ, decree of declaration of legal heirs by court or Letter of
Administration by NADRA.
In urdu, Heirship certificate/legal heir certificate is called (Warasat Nama وراثت نامہ).
3. Issuing authority?
The issuing authority of Heirship certificate is NADRA as well as
If a Heirship certificate is issued by NADRA, same is called "Letter of Administration" However, if Heirship Certificate is issued by
After promulgation of "Letters of Administration and Succession Certificates Act", Heirship certificate can only be obtained by NADRA in shape of "Letter of Administration", however, if NADRA declines your request for issuance of letter of administration, you can then apply to
The first forum for obtaining Heirship certificate / Letter of Administration is NADRA and second forum is
Beware,
4. Sample of Heirship Certificate from Court
Following is the sample / format of Judgment of court (heirship certificate), declaring legal heirs of a deceased.
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| Judgment of Heir ship Certificate Page one |
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| Judgment of Heirship Certificate Page two |
5. Sample of decree sheet (heirship certificate of court)
Following is the format of decree sheet of court (heirship certificate), declaring legal heirs of a deceased.
.webp "Decree Sheet (heirship Certificate)") |
| Decree Sheet (heirship Certificate) |
6. Purpose of Legal Heirs Certificate
A legal heirs certificates or Heirship Certificate can be used to transfer an immovable properties of a deceased in favour of legal heirs or to dispose. Immovable properties are Plot, land, House, Shop, Plaza, Building, Flat etc.
Without having Heirship certificate, you cannot transfer or dispose of immovable of a deceased.
Besides, there are many other purposes for which, a Heirship certificate can be used.
7. Documents Required for legal Heir certificate from Court
Ø Decline Certificate from NADRA
Ø Death Certificate of the Deceased.
Ø Family Registration Certificate
Ø Copies of CNICs of legal heirs (not mandatory)
Ø Documents of immovable properties like Sale Deed, Gift Deed, Allotment Letter etc.
8. How to apply for Heirship Certificate from Court?
- File a Suitfor declaration of legal heirs along with required documents.
- Court directs for publication in newspapers, inviting any objection from any corner.
- After publication, if no one objects, plaintiff is proceeded ex-parte for ex parte evidence
- Plaintiff
produces his/oral evidence along with documentary evidence like Death
certificate of deceased,
- Arguments of Counsel of plaintiff are heard.
- The Court pass a detailed judgment along with decree sheet (heirship certificate/ Warasat Nama/ وراثت نامہ).
So, this is the way how you can get heirship certificate.
9. Processing time for issuance of heirship certificate from court.
Usually, it may take in between 1 month to 3 months from institution of suit in civil court.
10. Court's Heirship Certificate fees
The fee or expenses regarding heirship certificate from court depends on the lawyer you hire and depends how much lawyer charge for obtaining heirship certificate from court.
FAQs
Can a single legal heir apply for Heirship Certificate from Court?
Yes, a single heir can also apply for legal Heirship certificate from court by mentioning the details of all legal heirs in the plaint/ suit for legal heirship certificate.
Is there any reason of the issuance of the Heirship certificate being delayed?
Yes, there are number of reasons, which may affect in the time duration of processing of heriship certificate from court which include but not limited to lawyers strikes, general holidays, special holidays, judges leave, objection by any legal heir etc.
Are biometrics of all the legal heirs are taken by court during its proceedings for issuance legal heriship certificate?
No, the biometrics of all the legal heris are not taken by the court for issuance of heriship certificate. Even biometric of single heir is also not required.
Can you file a suit for legal Heirship certificate directly in Civil Court without approaching NADRA?
No, you cannot file a suit for Heirship Certificate directly in court. You must have to approach NADRA first for issuance of letter of administration. If NADRA does not accept your request, you can file suit for Heirship certificate in court but by annexing decline certificate issued by NADRA.
Is it necessary to add all the immovable properties of deceased in suit for declaration of legal heirs?
Some lawyers do add the detail of all the immovable properties of deceased in suit for Heirship certificate and some don’t do it. But it is better idea to add the detail of all the immovable properties of deceased in plaint/suit.