The Inheritance (Wirasat) Manual: Property Transfer Guide (2026)

Last Updated: January 2026|Category: Legal & Documentation

Losing a family member is a profound emotional blow. Unfortunately, in Pakistan, this grief is often followed by a complex, bureaucratic struggle to secure the deceased’s assets.

Many families delay the Wirasat (Inheritance) process for years, only to find the property encroached or stuck in legal deadlocks. In 2026, the government has streamlined this through NADRA’s Succession Facilitation Units.

This evergreen guide provides the modern roadmap for legal heirs to secure their rightful shares in movable and immovable properties, and how Agencies can protect themselves from selling 'Deceased Files'.

1. The Legal Foundation: Sharia Law & The Succession Act

In Pakistan, asset distribution follows the Succession Act of 1925 and Sharia principles.

1.1 No Last Will?

Unlike the West, you cannot 'disinherit' children. A will is generally valid for only 1/3rd of the estate and cannot override mandatory heir shares without their unanimous consent.

1.2 The Shares

All legal heirs must be accounted for. Intentionally excluding a female heir is a criminal offense under Section 498A PPC, punishable by up to 10 years in prison.

2. Step 1: Obtaining the Death Certificate & FRC

You cannot initiate a transfer without proving the death and relationship.

  • Union Council Certificate: Obtain the computerized death certificate from the local UC.
  • NADRA FRC: The Family Registration Certificate is critical. It lists all family members linked to the deceased. Ensure the 'Family Tree' is updated.

3. Step 2: The NADRA Succession Certificate (2026 Process)

Prior to 2021, you needed a court decree. In 2026, NADRA is the primary authority for issuing:

3.1 The Two Types of Certificates

1. Succession Certificate: For MOVABLE assets (Bank Accounts, Shares, Vehicles).
2. Letter of Administration: For IMMOVABLE property (Houses, Plots, Land).

Note: You can apply for both in a single application.

3.2 The 5-Stage Process

1. Initiation: Visit NADRA Succession Unit.
2. Asset Details: Provide details of all assets. Before submitting to NADRA or a society, verify your documents' validity. Use our Master Guide to Property Verification to authenticate old Registries and Fards
3. Biometrics: All heirs must provide fingerprints.
4. Public Notice: 14-day newspaper ad.
5. Issuance: If no objections, the decree is issued.

3.3 For Overseas Heirs

In 2026, heirs in the UK, USA, UAE, etc., can complete their biometrics via the Pak-ID Mobile App or at a local Pakistani Consulate. There is no longer a mandatory requirement to fly back to Pakistan.

4. Step 3: The Wirasat Intiqal (Inheritance Mutation)

Once you have the NADRA certificate, you must update the Land Revenue Record.

4.1 Registry/Patwari Areas

Take the certificate to the Arazi Record Center (ARC). The Revenue Officer conducts a 'Jalsa-e-Aam' (often digitally recorded in 2026) to verify heirs. Zero Stamp Duty applies in Punjab/Sindh; you only pay a mutation fee of roughly PKR 500-2,000. For more on mutation types, read our Registry vs Intiqal Guide. However, ensure you understand the 2026 Property Tax rules regarding Section 7E, which may still apply to inherited assets.

4.2 Housing Societies (DHA/Bahria)

Submit the Letter of Administration and a 'Relinquishment Deed' (if applicable). The society issues a new Allotment Letter listing all heirs.

Dealer Note: If you are managing a property for a family whose patriarch has passed away, DO NOT market the plot until the Wirasat Intiqal is complete. Selling a 'Deceased's File' is a legal nightmare. For developers managing high volumes, see our Scale-Up Framework on how to automate these legal locks.

5. Comparison Table: Court vs. NADRA (2026)

FeatureCivil Court RouteNADRA SFU Route
Duration6 Months - 2 Years15 - 30 Days
ComplexityHigh (Lawyers needed)Low (User-friendly)
CostHigh Legal FeesFixed Govt Fees
ApplicabilityIf there is a DisputeIf Heirs Agree

6. Special Section: Challenges for Overseas Pakistanis

The Overseas Pakistanis Property Act 2025 provides special protections.

6.1 Special Courts

If an heir abroad is being deprived of their share, they can file a case in Special Overseas Courts mandated to decide the matter within 90 to 180 days.

6.2 Digital Power of Attorney (POA)

If you cannot visit Pakistan, use the Digital Power of Attorney portal to authorize a trusted person to handle the NADRA process on your behalf.

7. How Aiksol360 Protects the 'Inheritance Chain'

Managing inheritance for a large family or developer requires precision. Aiksol360 ensures the 'Paper Trail' is secure.

7.1 Digital Document Vault

When a client record is marked 'Deceased,' Aiksol360 locks the file. It cannot be unlocked for transfer until the Death Certificate and Succession Certificate are uploaded.

7.2 Fraud Prevention

Audit logs track who accessed the file. This digital fingerprint prevents corrupt staff from 'selling' a dead person's property by forging manual registers.

Conclusion

For Heirs: Delaying the legal transfer only invites disputes. Initiate the NADRA process within 30 days of death to avoid administrative hurdles.

For Agencies: Professionalize your 'Succession Workflow.' Use Aiksol360 to track legal heir biometrics, store mandatory decrees, and ensure your project’s records are bulletproof against fraud.

Prevent Inheritance Fraud with Aiksol360

FAQs

Can a father gift his property to only one son while alive?

Yes. This is called a 'Hiba' (Gift). If completed and registered during his lifetime, other heirs cannot challenge it as part of the inheritance later.

What if one legal heir refuses to sign?

If there is a dispute or 'Controversy,' NADRA will refuse to issue the certificate. You will then have to file a Succession Suit in a Civil Court, where a judge will decide the shares.

Do I have to pay 7E tax on inherited property?

Yes, but you can claim the 'One Capital Asset' exemption on it if it is your primary residence or only plot.

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