The Affidavit of Heirship Form is a crucial legal instrument in Pakistan's inheritance system, used when a person dies intestate or when formal probate proceedings are not required. This document becomes necessary when heirs need to establish their legal right to inherit property or assets from the deceased. The affidavit contains detailed information about the deceased's family structure, including all potential heirs according to Pakistani law, and must comply with both Islamic inheritance principles (for Muslims) and the Succession Act of 1925 (for non-Muslims). The document requires verification by witnesses and must be executed before a qualified official such as an Oath Commissioner. It serves as a cost-effective alternative to formal probate proceedings and is widely accepted by courts, financial institutions, and property registrars across Pakistan.
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1. Declarant Information: Details of the person making the affidavit, including their relationship to the deceased
2. Deceased Person Information: Full details of the deceased person including date of death, last address, and marital status
3. Marriage History: Complete marriage history of the deceased, including dates and details of all marriages and divorces
4. Heir Information: Comprehensive list of all living and deceased heirs, their relationships to the deceased, and their current addresses
5. Property Description: Description of all property (both movable and immovable) owned by the deceased at the time of death
6. Declaration of No Will: Statement confirming whether the deceased left a will or died intestate
7. Verification: Sworn statement verifying all information is true and correct
8. Witness Statements: Statements from two witnesses confirming the facts stated in the affidavit
1. Previous Estate Administration: Include if there were any previous attempts to administer the estate or other relevant legal proceedings
2. Religious Declaration: Statement of deceased's religion, required when relevant to determining applicable inheritance laws
3. Debt Declaration: Statement regarding any outstanding debts of the deceased, include if there are known debts
4. Disclaimer of Interest: Include if any heir wishes to disclaim their inheritance rights
5. Foreign Assets Declaration: Include if the deceased owned property in other countries
1. Schedule A - Family Tree: Detailed family tree showing all potential heirs and their relationship to the deceased
2. Schedule B - Property List: Detailed inventory of all properties owned by the deceased
3. Schedule C - Supporting Documents: List of all supporting documents attached (death certificate, marriage certificates, etc.)
4. Schedule D - Witness Information: Detailed information about witnesses including their credentials and relationship to the family
5. Appendix 1 - Identity Documents: Copies of identity documents for the declarant and all heirs
6. Appendix 2 - Death Certificate: Certified copy of the death certificate of the deceased
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