How inheritance works in Pakistan: succession certificates from NADRA or the civil court, inheritance mutation in Punjab, Sharia shares and the documents.
- ByUmair Ahmad Qaisrani
- Published
- Updated
- 9 min read

On this page
- What passes how after a death
- Two routes to a succession certificate
- The NADRA route for undisputed estates
- The court route under the Succession Act, 1925
- Legal heir certificates and the family registration certificate
- Sharia shares: an overview
- Daughters' and widows' rights
- Common inheritance disputes
- Time limits
- Succession certificate procedure step by step
- Documents you will need
- Timelines and costs
- Common mistakes in inheritance cases
- When to speak to an advocate
When someone in your family dies, the paperwork arrives while the grief is still fresh: a frozen bank account, a car that cannot be transferred, land that needs an intiqal. This guide explains what passes to whom, which document each asset needs, and how to keep an inheritance from becoming a dispute.
What passes how after a death
For a Muslim, the estate (tarka) passes to the heirs at the moment of death, in the shares fixed by Islamic law. Funeral expenses come out first, then debts, including any dower (haq mehr) still owed to the widow, then any valid bequest. How the rest is transferred depends on the asset:
- Movable assets such as bank balances, shares, National Savings certificates, pension arrears, provident fund and vehicles are usually released only against a succession certificate or letters of administration, which protect the institution if another heir later objects.
- Land in the revenue record passes by inheritance mutation (intiqal wirasat) at the Arazi Record Centre, without a court certificate where the heirs agree; see our guide to property mutation in Punjab.
- Urban property in a development authority scheme, cantonment or housing society is transferred by that body under its own rules, usually on the death certificate, the family registration certificate, the heirs' affidavits and a newspaper notice, and sometimes on letters of administration or a succession certificate.
A nominee on a bank account or provident fund may collect the money but, as the Supreme Court has long held, does not own it. A family pension is usually different: it is paid under the pension rules, not shared as part of the estate.
Two routes to a succession certificate
The NADRA route for undisputed estates
Under the Punjab Letters of Administration and Succession Certificates Act, 2021, NADRA's Succession Facilitation Units issue succession certificates for movable assets and letters of administration for immovable property, without a court hearing, where the heirs agree. Islamabad and other provinces have laws on the same model.
You apply at a notified NADRA office with the death certificate, the family registration certificate, the CNICs of all the heirs and details of each asset. Every heir gives biometric verification, in Pakistan or at a NADRA office abroad. NADRA publishes a newspaper notice and, if no objection arrives within fourteen days, issues the certificate.
An objection, a disagreement about the heirs or the assets, or a minor among the heirs takes the matter to the civil court. Since a 2025 amendment to the Punjab Act, heirs may also go to the civil court directly.
The court route under the Succession Act, 1925
Part X of the Succession Act, 1925 (sections 370 to 390) governs certificates granted by the courts. The petition under section 372 goes to the District Judge, or a Civil Judge invested with those powers, where the deceased ordinarily lived, and lists the family and the debts and securities to be collected.
The court gives notice to the relatives, has a proclamation posted and usually published in a newspaper, and hears any objector. It decides summarily; where the questions are too intricate, it may grant the certificate to the person with the stronger apparent title and leave the rest to a regular suit. It may require a bond with sureties. The order is appealable, and a certificate obtained by concealment can be revoked. The same Act also provides for letters of administration, a wider grant over the estate as a whole.
A succession certificate does not decide who owns what. It decides who may collect, and it leaves that person answerable to the rest of the family.
Legal heir certificates and the family registration certificate
The family registration certificate (FRC) is NADRA's record of the family registered with the deceased, and the starting point for every route. Check it first: an unregistered child, a second marriage or a mismatch in names can leave an heir out. The legal heir certificate, issued by the Union Council on the basis of the FRC and an affidavit, lists the heirs and supports an inheritance mutation. It is not a succession certificate, and most banks will not pay on it alone.
Sharia shares: an overview
These are the shares most families meet under the Hanafi school, which most Muslims in Pakistan follow. "With children" means the deceased left children, including a son's children.
| Heir | Share |
|---|---|
| Sons and daughters | The residue after the fixed shares, each son taking twice a daughter's share |
| Daughters, where there is no son | 1/2 for one; 2/3 shared by two or more |
| Widow | 1/8 with children, 1/4 without; several widows share it equally |
| Husband | 1/4 with children, 1/2 without |
| Mother | 1/6 with children, or with two or more brothers or sisters; otherwise usually 1/3 |
| Father | 1/6 with a son; 1/6 and the residue with only daughters; the residue without children |
Daughters' and widows' rights
A daughter inherits in every kind of property, including agricultural land and the family house, and marriage does not reduce her share. A widow takes her share in addition to any unpaid dower, which is paid first as a debt.
Depriving a woman of her inheritance by deceitful or illegal means is an offence under section 498A of the Pakistan Penal Code. Under the Punjab Enforcement of Women's Property Rights Act, 2021, she can also complain to the Ombudsperson Punjab, who can call for a report from the Deputy Commissioner and is to decide, where possible, within sixty days. A mutation that leaves her out can be appealed and set aside, and a relinquishment recorded under family pressure, without a clear understanding of what she was giving up, can be challenged.
Common inheritance disputes
One heir mutates the property alone. The remedy is an appeal against the mutation, then a civil suit for declaration, possession and partition, with an injunction so that the land is not sold meanwhile.
A claimed gift (hiba). A valid gift needs an offer, acceptance and delivery of possession, and the person relying on it must prove each. Courts are cautious about gifts that leave out daughters, and a gift made during a final illness (marz-ul-maut) is treated like a bequest.
A disputed will. A Muslim may generally bequeath up to one-third of the estate, after debts, to persons who are not heirs; a bequest beyond that, or to an heir, generally needs the other heirs' consent after the death.
Time limits
An appeal against a mutation lies to the Collector within 30 days, and a suit to cancel a document such as a forged gift deed generally has to be filed within three years of learning of it. Courts have generally protected an heir's share against a wrong mutation even years later, but delay is not harmless: in 2021 the Supreme Court refused a claim brought decades later by the children of two daughters who had never challenged their exclusion in their lifetimes. Take advice as soon as you learn of a wrong entry.
Succession certificate procedure step by step
- Obtain the death certificate and FRC. Get the computerised death certificate from the Union Council and the FRC from NADRA, and correct any error first.
- List the assets. Gather statements and certificates for each account, share, savings instrument and vehicle.
- Choose the route. If every adult heir agrees and none is a minor, apply to NADRA; otherwise, petition the civil court.
- Apply and verify. At NADRA every heir gives biometrics and an affidavit; in court, the petition is filed with the documents and court fee.
- Notice and objections. NADRA waits fourteen days after its newspaper notice; the court issues notice and a proclamation and hears objectors.
- Grant. The court may first require a surety bond. Check the certificate against your list of assets and names.
- Collect and distribute. Present the certificate to each institution and distribute by the shares, keeping receipts; the holder remains accountable to the other heirs.
Documents you will need
- The computerised death certificate and the NADRA family registration certificate
- CNICs of the adult heirs and B-forms of minor heirs
- Statements, certificates and registration papers for each asset
- The fard, registered deed or allotment letter for immovable property
- Affidavits of the heirs, and an authority letter where one heir applies for all
- The Union Council's legal heir certificate, where asked for
- A guardianship certificate for a minor heir, and an attested power of attorney for an heir abroad using the court route
Timelines and costs
Through NADRA, a complete undisputed file is usually finished within a few weeks, most of it the fourteen-day objection period; an heir abroad or an error in the FRC adds time. An uncontested court petition commonly takes a few months, and a contested one a year or more. An inheritance mutation usually takes several weeks.
The NADRA fee and the court fee are fixed by schedule on the value of the assets, and publication and the surety bond carry their own charges. Professional fees depend on the forum and the stage and are confirmed in writing.
Common mistakes in inheritance cases
- Letting one heir collect everything on a nomination or joint account, with nothing agreed in writing.
- Relying on an FRC that leaves out an heir.
- Leaving a daughter, widow or second wife off the list of heirs; the certificate or mutation can be set aside.
- Treating a legal heir certificate as a succession certificate.
- Selling inherited land before the mutation and any partition are complete.
- Ignoring a newspaper notice about your parent's estate.
When to speak to an advocate
Speak to an advocate before you apply if any heir disagrees, an heir is a minor or abroad, a will or gift is claimed, or the estate includes a business or urban property. Speak to one immediately if a mutation has been entered without you or you are asked to sign away a share. Read more about our civil litigation practice on succession petitions and inheritance suits and our revenue and land work on inheritance mutations, or book a consultation and bring the death certificate and FRC with you.
FAQ
In Punjab, yes, where the heirs agree. NADRA's Succession Facilitation Units issue succession certificates and letters of administration after every heir has been verified biometrically and a newspaper notice has run for fourteen days without objection. If someone objects, the heirs disagree or an heir is a minor, the civil court decides instead.
Ask this on WhatsAppAn undisputed NADRA application with every heir available is usually completed within a few weeks, most of it the fourteen-day objection period. An uncontested petition in the civil court commonly takes a few months, and a contested one can take a year or more.
Ask this on WhatsAppUsually, yes. An appeal lies to the Collector within 30 days of the mutation order, and a civil suit for declaration and partition remains available after that; a woman can also complain to the Ombudsperson Punjab. Act as soon as you learn of the entry, because delay makes the evidence harder to gather and can, in some cases, defeat the claim.
Ask this on WhatsAppAbout the author
Umair Ahmad Qaisrani
Founding Partner · Advocate High Court
Civil, family, revenue, tax and customs advocate in Lahore


