Affidavit Of Survivorship for Pakistan

Affidavit Of Survivorship Template for Pakistan

An Affidavit of Survivorship is a legal document used in Pakistan that serves as a sworn statement establishing the rights of a surviving joint owner to take full ownership of property previously held jointly with a deceased person. This document, governed by Pakistani civil law and Islamic law where applicable, must be executed before an authorized Oath Commissioner or Notary Public. It includes detailed information about the deceased, the surviving owner, the property in question, and the legal basis for the survivorship claim. The document must comply with both federal Pakistani laws and relevant provincial regulations regarding property transfer and inheritance.

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What is a Affidavit Of Survivorship?

The Affidavit of Survivorship is a crucial legal instrument in Pakistani property law that facilitates the transfer of jointly-owned property when one owner dies. This document becomes necessary when property is held in joint ownership with right of survivorship, and one of the owners passes away. It serves as official evidence of the death of a joint owner and the surviving owner's right to assume full ownership of the property. The affidavit must be prepared in accordance with Pakistani legal requirements, including compliance with the Registration Act 1908, Stamp Act 1899, and relevant Islamic law provisions where applicable. It typically contains detailed information about the deceased person, the surviving owner, the property in question, and must be properly witnessed and notarized. This document is particularly important in expediting property transfers without the need for extensive probate proceedings.

What sections should be included in a Affidavit Of Survivorship?

1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being executed

2. Declarant Information: Full legal name, CNIC number, and current address of the person making the affidavit

3. Deceased Person Information: Details of the deceased person including full name, CNIC number, date of death, and last known address

4. Relationship Statement: Declaration of the relationship between the declarant and the deceased

5. Property Details: Specific description of the property or assets involved, including registration numbers, addresses, or account details

6. Survivorship Claim: Statement claiming right of survivorship and the legal basis for the claim

7. Death Verification: Confirmation of the death and reference to death certificate or other proof

8. Other Heirs Statement: Declaration regarding the existence or non-existence of other potential heirs

9. Verification Clause: Standard verification clause stating that the contents are true and correct

10. Execution Block: Space for signature, date, and notary/oath commissioner attestation

What sections are optional to include in a Affidavit Of Survivorship?

1. Joint Ownership Details: Required when the property was jointly owned with others besides the deceased

2. Islamic Law Compliance: Required for Muslim declarants, stating compliance with Islamic inheritance principles

3. Previous Transfers: Include when there is a history of previous transfers or assignments of the property

4. Power of Attorney: Required if the declarant is acting through a legal representative

5. Foreign Asset Declaration: Required when the deceased owned assets in foreign jurisdictions

6. Tax Compliance Statement: Optional section confirming that all relevant taxes on the property have been paid

What schedules should be included in a Affidavit Of Survivorship?

1. Death Certificate: Certified copy of the death certificate of the deceased

2. Property Documents: Copies of property titles, registration documents, or account statements

3. Family Registration Certificate: Copy of the family tree or registration certificate showing relationship

4. Identity Documents: Copies of CNIC cards of declarant and deceased

5. Succession Certificate: If available, copy of succession certificate from relevant court

6. Property Tax Records: Recent property tax receipts or statements showing ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Pakistan

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Banking and Financial Services

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Insurance

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Relevant Teams

Legal

Real Estate

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Title and Registration

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Regulatory Compliance

Customer Service

Records Management

Relevant Roles

Legal Counsel

Property Manager

Estate Administrator

Bank Manager

Real Estate Agent

Wealth Manager

Property Registrar

Notary Public

Oath Commissioner

Title Officer

Legal Administrative Assistant

Probate Specialist

Estate Planning Attorney

Property Rights Officer

Land Records Officer

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