Inheriting Land in Pakistan As Overseas Pakistani

[XVIV]

Hi all. Been banging my head against a brick wall for some time trying to figure this one out and thought you folks may have an answer for me.

Ordinarily, in Pakistan, what occurs is that a grandfather will die before their children. The children will then proceed to undertake a probate for their inheritance and will receive their shares of the land. When the the grandfather's children die, their children will do the same process and inherit the land once over.

Unfortunately, in my case my father died before my grandfather - with the family land all being in my grandfather's name. This has put a proverbial spanner in the works.

I was wondering then - if my uncles and aunts wanted to do a probate to inherit my grandfather's land and give me my father's share voluntarily, what would be the process for them? And importantly - could it be done without me travelling to Pakistan?

In the alternative, should my uncles and aunts not wish to do anything / refuse to give me my father's share / hold my inheritance as a sword of Damocles over my head, I am aware that s4 of the Muslim Family Laws Ordinance 1961 gives 'orphaned grandchildren' the right to inherit their father's share:

In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive​

If I have to proceed down the route of s4 Muslim Family Laws Ordinance 1961, then what would that basically involve? I would appreciate if someone could provide me with some details as to this. I am aware that I would have to hire an Advocate and instruct them - but how do I go about this as an Overseas Pakistani? And if there is a legal battle - how do I manage that whilst overseas? I am confused as to the practicalities of this.

My other question would be is - there would have to be an initial hearing of some sort. How long would that hearing take to happen? Basically - if by some fluke I manage to find an Advocate, sort out the practicalities of instructing them whilst being overseas, how long will it take from the filing of papers to there hearing a hearing in person?

I am aware that many of you may say that I would be best to speak to an Advocate/Legal Professional in Pakistan but I am finding it difficult to find one in my area in Pakistan (or anywhere for that matter). I have tried to find the answers myself for some time but have hit a brick wall and would greatly appreciate any assistance at all with this.

 

[Clutch]

Hi all. Been banging my head against a brick wall for some time trying to figure this one out and thought you folks may have an answer for me.

Ordinarily, in Pakistan, what occurs is that a grandfather will die before their children. The children will then proceed to undertake a probate for their inheritance and will receive their shares of the land. When the the grandfather's children die, their children will do the same process and inherit the land once over.

Unfortunately, in my case my father died before my grandfather - with the family land all being in my grandfather's name. This has put a proverbial spanner in the works.

I was wondering then - if my uncles and aunts wanted to do a probate to inherit my grandfather's land and give me my father's share voluntarily, what would be the process for them? And importantly - could it be done without me travelling to Pakistan?

In the alternative, should my uncles and aunts not wish to do anything / refuse to give me my father's share / hold my inheritance as a sword of Damocles over my head, I am aware that s4 of the Muslim Family Laws Ordinance 1961 gives 'orphaned grandchildren' the right to inherit their father's share:

In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive​

If I have to proceed down the route of s4 Muslim Family Laws Ordinance 1961, then what would that basically involve? I would appreciate if someone could provide me with some details as to this. I am aware that I would have to hire an Advocate and instruct them - but how do I go about this as an Overseas Pakistani? And if there is a legal battle - how do I manage that whilst overseas? I am confused as to the practicalities of this.

My other question would be is - there would have to be an initial hearing of some sort. How long would that hearing take to happen? Basically - if by some fluke I manage to find an Advocate, sort out the practicalities of instructing them whilst being overseas, how long will it take from the filing of papers to there hearing a hearing in person?

I am aware that many of you may say that I would be best to speak to an Advocate/Legal Professional in Pakistan but I am finding it difficult to find one in my area in Pakistan (or anywhere for that matter). I have tried to find the answers myself for some time but have hit a brick wall and would greatly appreciate any assistance at all with this.

Forget it.... It now belongs to the Land Mafia Property Dealers in Khakis....

 

[XVIV]

Forget it.... It now belongs to the Land Mafia Property Dealers in Khakis....

That's one way to get a housing society plot

 

[Hyde]

Where is the land in Pakistan?

Like you said it is best to seek an advice from local advocate and the best way to transfer the land is to go there and do the paperwork by yourself.

You will need to spend a lot of money to get the registry transferred under your name. It’s not a straight forward process in Pakistan but easy if nobody raises an objection in your family and you know 1x patwari to the job on your behalf

 

[mangochutney]

Watch out for the black magic if there’s a dispute .

 

[XVIV]

Where is the land in Pakistan?

Like you said it is best to seek an advice from local advocate and the best way to transfer the land is to go there and do the paperwork by yourself.

You will need to spend a lot of money to get the registry transferred under your name. It’s not a straight forward process in Pakistan but easy if nobody raises an objection in your family and you know 1x patwari to the job on your behalf

Thank you for answering! Very helpful.

Azad Jammu & Kashmir.

Do you know how I'd go about finding a local advocate whilst overseas?

How much do you think it would cost to get the registry transferred over? Like is there a fixed fee per kanal etc.

 

[khansaheeb]

Hi all. Been banging my head against a brick wall for some time trying to figure this one out and thought you folks may have an answer for me.

Ordinarily, in Pakistan, what occurs is that a grandfather will die before their children. The children will then proceed to undertake a probate for their inheritance and will receive their shares of the land. When the the grandfather's children die, their children will do the same process and inherit the land once over.

Unfortunately, in my case my father died before my grandfather - with the family land all being in my grandfather's name. This has put a proverbial spanner in the works.

I was wondering then - if my uncles and aunts wanted to do a probate to inherit my grandfather's land and give me my father's share voluntarily, what would be the process for them? And importantly - could it be done without me travelling to Pakistan?

In the alternative, should my uncles and aunts not wish to do anything / refuse to give me my father's share / hold my inheritance as a sword of Damocles over my head, I am aware that s4 of the Muslim Family Laws Ordinance 1961 gives 'orphaned grandchildren' the right to inherit their father's share:

In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive​

If I have to proceed down the route of s4 Muslim Family Laws Ordinance 1961, then what would that basically involve? I would appreciate if someone could provide me with some details as to this. I am aware that I would have to hire an Advocate and instruct them - but how do I go about this as an Overseas Pakistani? And if there is a legal battle - how do I manage that whilst overseas? I am confused as to the practicalities of this.

My other question would be is - there would have to be an initial hearing of some sort. How long would that hearing take to happen? Basically - if by some fluke I manage to find an Advocate, sort out the practicalities of instructing them whilst being overseas, how long will it take from the filing of papers to there hearing a hearing in person?

I am aware that many of you may say that I would be best to speak to an Advocate/Legal Professional in Pakistan but I am finding it difficult to find one in my area in Pakistan (or anywhere for that matter). I have tried to find the answers myself for some time but have hit a brick wall and would greatly appreciate any assistance at all with this.

Depends on your uncles and aunties and how sincere they are and how much they want to drag this out. Who has the most money normally wins the judgement. In Pakistan they kill over land and property, so be careful.

 

[lastofthepatriots]

Depends on your uncles and aunties and how sincere they are and how much they want to drag this out. Who has the most money normally wins the judgement. In Pakistan they kill over land and property, so be careful.

Our next door neighbor in Pakistan had his throat slit in his sleep by his own uncle over land.

There was somehow divine justice as that man’s two sons died from natural causes months apart from eachother a few years later.

 

[Goritoes]

I want to buy a small land in Balakot Area, if anyone knows someone please let me know.. since i visited Balakot and surroundings I am fan of people and place itself, its amazing.

 

[RescueRanger]

Thank you for answering! Very helpful.

Azad Jammu & Kashmir.

Do you know how I'd go about finding a local advocate whilst overseas?

How much do you think it would cost to get the registry transferred over? Like is there a fixed fee per kanal etc.

https://www.ajkbarcouncil.com/

Start here, call them around 9 or 10 am Pakistan time. They maintain a register of all advocates licensed to practice law in AJK.

With regards to fees, it's not "fixed" and will depend on how long the case drags out, how many hearings are necessary along with all legal fees, court fees and appropriate government fees etc.

I want to buy a small land in Balakot Area, if anyone knows someone please let me know.. since i visited Balakot and surroundings I am fan of people and place itself, its amazing.

There are property disputes in New Balakot - avoid investing there for the time being.

 

[PakFactor]

Hi all. Been banging my head against a brick wall for some time trying to figure this one out and thought you folks may have an answer for me.

Ordinarily, in Pakistan, what occurs is that a grandfather will die before their children. The children will then proceed to undertake a probate for their inheritance and will receive their shares of the land. When the the grandfather's children die, their children will do the same process and inherit the land once over.

Unfortunately, in my case my father died before my grandfather - with the family land all being in my grandfather's name. This has put a proverbial spanner in the works.

I was wondering then - if my uncles and aunts wanted to do a probate to inherit my grandfather's land and give me my father's share voluntarily, what would be the process for them? And importantly - could it be done without me travelling to Pakistan?

In the alternative, should my uncles and aunts not wish to do anything / refuse to give me my father's share / hold my inheritance as a sword of Damocles over my head, I am aware that s4 of the Muslim Family Laws Ordinance 1961 gives 'orphaned grandchildren' the right to inherit their father's share:

In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive​

If I have to proceed down the route of s4 Muslim Family Laws Ordinance 1961, then what would that basically involve? I would appreciate if someone could provide me with some details as to this. I am aware that I would have to hire an Advocate and instruct them - but how do I go about this as an Overseas Pakistani? And if there is a legal battle - how do I manage that whilst overseas? I am confused as to the practicalities of this.

My other question would be is - there would have to be an initial hearing of some sort. How long would that hearing take to happen? Basically - if by some fluke I manage to find an Advocate, sort out the practicalities of instructing them whilst being overseas, how long will it take from the filing of papers to there hearing a hearing in person?

I am aware that many of you may say that I would be best to speak to an Advocate/Legal Professional in Pakistan but I am finding it difficult to find one in my area in Pakistan (or anywhere for that matter). I have tried to find the answers myself for some time but have hit a brick wall and would greatly appreciate any assistance at all with this.

My wife had recently gone through a similar situation her father passed away 2 years after our marriage in Pakistan while grandfather was alive. Basically what happened was they transferred per the law his share onto his name and then my wife’s share to her name this was through probate in court — this happened in Gujranwala. However, we ran into a situation on one particular plot where a land mafia tried to take her plot — we sent armed men after him and his family and they backed away, and trashed him.

But honestly you can avoid all this mess if the grandfather just transfers your dads share to you directly. At moment he’s still the sole owner.

 

[ziaulislam]

Hi all. Been banging my head against a brick wall for some time trying to figure this one out and thought you folks may have an answer for me.

Ordinarily, in Pakistan, what occurs is that a grandfather will die before their children. The children will then proceed to undertake a probate for their inheritance and will receive their shares of the land. When the the grandfather's children die, their children will do the same process and inherit the land once over.

Unfortunately, in my case my father died before my grandfather - with the family land all being in my grandfather's name. This has put a proverbial spanner in the works.

I was wondering then - if my uncles and aunts wanted to do a probate to inherit my grandfather's land and give me my father's share voluntarily, what would be the process for them? And importantly - could it be done without me travelling to Pakistan?

In the alternative, should my uncles and aunts not wish to do anything / refuse to give me my father's share / hold my inheritance as a sword of Damocles over my head, I am aware that s4 of the Muslim Family Laws Ordinance 1961 gives 'orphaned grandchildren' the right to inherit their father's share:

In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive​

If I have to proceed down the route of s4 Muslim Family Laws Ordinance 1961, then what would that basically involve? I would appreciate if someone could provide me with some details as to this. I am aware that I would have to hire an Advocate and instruct them - but how do I go about this as an Overseas Pakistani? And if there is a legal battle - how do I manage that whilst overseas? I am confused as to the practicalities of this.

My other question would be is - there would have to be an initial hearing of some sort. How long would that hearing take to happen? Basically - if by some fluke I manage to find an Advocate, sort out the practicalities of instructing them whilst being overseas, how long will it take from the filing of papers to there hearing a hearing in person?

I am aware that many of you may say that I would be best to speak to an Advocate/Legal Professional in Pakistan but I am finding it difficult to find one in my area in Pakistan (or anywhere for that matter). I have tried to find the answers myself for some time but have hit a brick wall and would greatly appreciate any assistance at all with this.

You can do it from overseas after giving your an attorney power

However it willl be dragged out and may last for years..you will eaisly loose at lower courts level as that depends who pays the judge the most but upper courts in 30 yrs you will prevail

 

[SecularNationalist]

I want to buy a small land in Balakot Area, if anyone knows someone please let me know.. since i visited Balakot and surroundings I am fan of people and place itself, its amazing.

That area is close to with the disputed Kashmir territory so if a part falls in Aj&k and you are not Kashmiri then you can't buy it.

 

[Hyde]

Thank you for answering! Very helpful.

Azad Jammu & Kashmir.

Do you know how I'd go about finding a local advocate whilst overseas?

How much do you think it would cost to get the registry transferred over? Like is there a fixed fee per kanal etc.

I am not sure about AJK as I am from Punjab.

I think your case should be straightforward and you will be able to get the share once you find a suitable advocate and visit the registry office in your local area.

The best option is to to speak to your family, tell them you want the share of your father and they can either pay you in cash or transfer the land to your name. They should come to an agreement with you as you are a legal heir and cannot be deprived from the inheritance.

 

[Goritoes]

That area is close to with the disputed Kashmir territory so if a part falls in Aj&k and you are not Kashmiri then you can't buy it.

Balakot is in KPK bro, and Last I checked its still Part of Pakistan.