Law – AskWakeel

Procedure and Requirements of Succession Certificate

Basically, succession certificate is registered document which is required when person dies leaving behind money in bank account, bonds or shares in company.

Once legal heirs get this certificate they can withdraw money from deceased account in Pakistan. But without having succession certificate for bank account from competent court, the banks do not allow legal hairs to get money.

It is a mandatory requirement of financial institution, that legal heirs must have succession certificate in Pakistan.

In order to get this certificate a proper case has to file in civil court. This succession certificate establishes the right of heirs and determines their share in the property. It also gives them the authority to withdraw the money or securities and transferred them in their own name.

The relevant law applicable in this process is Succession Act 1925. Sections 370 to 390 of Succession Act 1925 deal with this process.

Succession Certificate Requirements:

These documents required for succession certificate in Pakistan and are attached at the time of initiating this civil suit.

1. Death certificate of the deceased
2. CNIC (Identity Card) of the deceased
3. CNIC (Identity Card) of the heirs
4. Notices and public advertisement
5. Statement of the all heirs or any one of them
6. One independent witness

Procedure of Succession Certificate

The Procedure for getting certificate is quite simple.

Usually a readymade form is available in courts, which is used to get money from deceased account. The heirs have to fill them while mentioning the description of all movable properties which they want to withdraw.

If that form is not available then a plaint has to be filed explaining all the facts which led the heir to file this suit.

(1) On first hearing the court will order for the notices in the public newspaper as an advertisement.

(2) On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

(3) On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

(4) Fourth hearing is fixed to hear the arguments and after that the order for granting the succession certificate are passed, only if the court is satisfied.

This whole process takes about 1 to 2 month.

When the certificate is received the heirs can take the original copy to the concerned institution and can withdraw the asses or transfer them in their own name.

Gift Deed and its Registration Process

A Gift Deed is a legal document that records the transfer of ownership of the property from a donor to a donee. It also specifies that the transfer was made voluntarily without any exchange of money between the two parties. Unlike executing a sales deed, there is no financial transaction involved in the process of gifting a property.

Although it is also not mandatory for a donor to declare a gift in writing, as it can be done orally as well, gift deeds for property transfer are solely executed for the purpose of creating a valid record.

However, it is important to register a gift deed for it to be valid – especially when it comes to transferring the ownership rights of immovable property.

There is no set gift deed format in Pakistan.

Generally, when someone bequeaths their property to a loved one, the deed mentions that the gift was made voluntarily and without any coercion. It also clarifies the donor is not bankrupt and won’t ever ask for the gift to be returned.

Not to mention, you cannot register a gift deed in Pakistan if it does not have the signatures of both the donor and the donee.

In case of a gift deed for cash and prize bonds, the document usually mentions the total amount that was transferred as well as the mode of transfer (via cash or check etc.). If one is giving away their jewellery, they may mention the type, weight and current valuation for an estimate.

On the other hand,one may have to submit a few documents to prove their ownership rights while executing a gift deed for real estate.

Whether you are gifting a parcel of land or a house to your relative, friend or acquaintance, here are some of the documents required for gift deeds.

Attested copies of donor’s CNIC
Attested copies of donee’s CNIC
Original allotment letter
Property tax clearance certificate
No-objection certificate from the local building control authority
Bank draft of PKR 3,000 or 5,000 (the amount varies with each case)
Statement recorded before the concerned Deputy Director
The official seal of the concerned Deputy Director

HOW TO REGISTER A GIFT DEED IN PAKISTAN

For gift deed registration in Pakistan, the aforementioned details must be put down on a stamp paper along with the names of the donor and the donee. Even though there is no monetary exchange involved, the deed must be attested by at least two witnesses before being registered in the concerned sub-registrar.

For immovable properties, the title cannot be legally transferred to the gift recipient’s name unless both parties have registered the gift deed and paid the property tax.

TAX ON GIFTED PROPERTY IN PAKISTAN

This is one of the most important aspects of gift deed registration in Pakistan.

Property transferred as a gift is liable to taxation as it falls under Capital Value Tax. The amount to be paid is determined according to the overall value of the gift. However, a property gifted by parents, grandparents, siblings, spouse or children is exempt from taxation.

How to become a barrister

Pursuing a career as a barrister is a route not to be taken lightly. The profession is extremely charming, however the road to becoming a successful barrister is extremely competitive and challenging. Only the highest caliber graduates make it to the profession or stand a chance to success. Note that advocacy is a key element of being a barrister; therefore you must possess extra ordinary speaking talent and must have the ability to express yourself in simple clear words and aptly. It is your job to convince jury or judge as the case may be depending on which jurisdiction you intend to practice. You must be persuasive and strong willed as the slightest appearance of nerves or a fault in your dialogue could lose the case and the freedom of your client, particularly in a criminal case. Although it may be true that justice demands that it ought not to be dependent on performance of a lawyer and the facts and evidence must be important in determining the outcome of the case, however, the system of law that we have in England or Pakistan or other common law jurisdictions, role of a lawyer is imperative. A barrister, who is eloquent and well prepared and puts the case of his client as smartly as he can, often wins. This may be a shortcoming of the system that often injustice can prevail when a superior lawyer is representing a culprit, but that unfortunately is how the system works.

For a barrister, a large part of his job will involve public speaking. So as a barrister you must possess excellent interpersonal skills. You must also be able to improvise, as the twists and turns of the court will always bring up subjects that you may not have prepared for. An ability to deal with stress is vital as late nights are common and the pressure of court appearances high.

Moreover, as most barristers operate independently, you must be prepared to endure the possibility of financial hardship at the start of your career, with delayed earnings a common occurrence. You must also have a very competitive nature as places are few and far between. Only around a third of students undergoing the vocational stage of training (BPTC) will get a pupillage (a kind of legal apprenticeship) and, even after that, there are fewer tenancies in chambers than there are people on pupillages.

To become a barrister in Pakistan, you must complete you’re O and A Levels after which you must pursue your undergraduate degree in either London University affiliated Pakistan colleges or go abroad and do you undergraduate. Depends on the type of budget you have for your education. It is cheaper to study in Pakistan as compared to UK.

After completing your undergraduate education in Pakistan or aboroad,, you must then apply to one of the few colleges that do a Bar Vocational Training Course. Once you sign up for this course, you are required to undertake Bar Membership from one of the four Inns. The most notable or famous Inn for Pakistani students is The Honorable Society of Lincoln’s Inn because of Mohammad Ali Jinnah who was its member and a barrister.

No. 1 Lawyers in Pakistan – Top Lawyers List Pakistan

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Justice system is much important, if any person of the country fail to get instant justice then that country can never make a success. The justice system of any country can only be strong if it will have the eligible kind of lawyers and judges. If we talk about Pakistan then, List of notable or famous lawyers from Pakistan, with bios and photos, including the top lawyers born in Pakistan and even some popular lawyers who immigrated to Pakistan. If you’re trying to find out the names of famous Pakistani lawyers then this list is the perfect resource for you. These lawyers are among the most prominent in their field, and information about each well-known lawyer from Pakistan is included when available.

This list has a variety of people in it, from Muhammad Ali Jinnah to Muhammad Iqbal. The International Society of Law Firms offers the highest quality Pakistan Law Firms. Speak directly with a trusted Pakistan law firm. Also, with local Pakistan Counsel and independent law firms servicing Pakistan, all fifty states and over 40 countries around the world, Askwakeel is sure to have the attorney you are looking for.

These historic lawyers from Pakistan list can help. These prominent lawyers of Pakistan may or may not be currently alive, but what they all have in common is that they’re all respected Pakistani lawyers.

Abdul Hafeez Pirzada

(24 February 1935 – 1 September 2015) was a Pakistani lawyer, legal theorist, and politician, who served variously as Minister for Information, Minister for Law, Minister for Finance, and Minister for Education under President and later Prime Minister Zulfikar Ali Bhutto from 1971 to 1977. As Law Minister, he is credited as a principal draftsman of the Constitution of Pakistan, passed in 1973.

Trained as a barrister at Lincoln’s Inn, Pirzada was a founding member of the Pakistan People’s Party. He was elected to the National Assembly in the elections of 1970, holding several ministerial portfolios in the Bhutto government. After the government was deposed by General Zia-ul-Haq in 1977, Pirzada unsuccessfully assisted with Bhutto’s defense in his criminal trial for murder. He briefly led the PPP before being imprisoned by the Zia regime, eventually leaving the party over differences with Benazir Bhutto, and retiring from politics.

Afrasiab Khattak

is a left-wing politician from the State of Pakistan. He is currently representing the Kohat Division of the Khyber-Pakhtunkhwa Province in the Pakistan Senate.

Inspired by the Russian communist party, Khattak joined the pro-Soviet Communist Party. He later joined the socialist party named Awami National Party in 1980. He is the President of the Awami National Party’s central secretariat based in Khyber-Pakhtunkhwa Province and as well as Chairman of the special standing committee senate. Khattak started his political activism in the 1970s, but escaped to Soviet Union to divert the effects of the Great Purge authorized by far-right wing regime of General Zia-ul-Haq. In the 1980s, he took asylum in Afghanistan Soviet Republic, serving as the top adviser to the Soviet government in matters involving Afghanistan. After the Fall of Kabul, Khattak settled back to Pakistan and founded the Afghanistan Pakistan People’s Friendship Association in 2001. In 2002, Khattak was appointed as the president of Human Rights Commission of Pakistan (HRCP).In 2006; Khattak joined the Awami National Party.

Aftab Gul Khan

(born March 31, 1946, Gujar Khan, Punjab) is a former Pakistani cricketer who played in 6 Tests from 1969 to 1971.

Gul was an opening batsman who represented a number of first-class sides in Pakistan from 1964-65 to 1977-78. His initial selection in the Test side, when England toured Pakistan during 1968-69 amid political turmoil, had less to do with his cricketing abilities than with his position as a student leader, in an attempt to placate the rioters.

Gul scored more than 1000 runs in the tour of England in 1971. In the first over of the First Test at Birmingham in that series, he was struck on the head by a ball from Alan Ward and was forced to retire. This injury drew the famous line from Brian Johnston on the BBC the next day: “Gul’s all right. The doctor inspected his head this morning and found nothing in it.” He also toured England in 1974 but was less successful and did not play any of the Tests.

He is a lawyer by profession. Gul initially represented the cricketer Salman Butt in the infamous spot fixing case.

Chaudhry Aitzaz Ahsan

(born 27 September 1945) is a Pakistani politician and a lawyer who serves as the Senator from Punjab, in office since 2012.

Born in Murree, Ahsan studied law at the Government College and received a LLM from the Downing College, Cambridge. Ahsan became the Planning and Development Minister for Punjab in 1975. After the Operation Fair Play Ahsan became a prominent figure of the Movement for the Restoration of Democracy. Ahsan was elected to the National Assembly from Lahore in 1988 and served as the Interior minister of Pakistan under Benazir Bhutto’s first government and served until 1990.

Ahsan was elected as a member of the Senate in 1994. He re-joined the cabinet after Benazir re-election, and went on to serve as the Minister for Law, Justice and Human Rights until 1997. He served as the minority leader in the Senate between 1996 and 1999. Ahsan was elected to National Assembly again in 2002, and went on to serve as the president of the Supreme Court Bar Association between 2007 and 2008. Ahsan was elected to the senate in 2012 and in 2015 became the minority leader.

Ali Ahmad Kurd

is a Pakistani lawyer who has served as President of the Supreme Court Bar Association of Pakistan and is prominent in the Lawyers’ Movement in that country. He opposed President Pervez Musharraf.

While vice-chairman of the Baluchistan Bar Association in 2002, Ali Ahmad Kurd staged a protest burning of amendments to the constitution that had been proposed by Musharraf. The action formed part of wider protests by lawyers’ associations, religious bodies and political parties in reaction to what they perceived to be attempts by Musharraf to undermine his opponents and consolidate his own power.

Kurd was briefly detained on 29 April 2007 in Quetta on the charges of inciting people during an absentia funeral of Nawab Akbar Bugti a year earlier. His detention was protested by lawyers and police released him, claiming that there had been no arrest and that the matter was a misunderstanding. Kurd was at that time vice-chairman of the Pakistan Bar Council.

After imposing martial law in Pakistan on 3 November 2007, Musharraf suspended the constitution and Kurd was among those placed under house arrest. He was released in March 2008.

Later, in March 2009 when President of the Supreme Court Bar Association, Kurd led protests by lawyers seeking the return of an independent judiciary. These protests were influential in the reinstatement of Iftikhar Mohammed Chaudhry as Chief Justice. Chaudhry had been removed from his position by Musharraf and the decision was not reversed under the presidency of Asif Ali Zardari until the lawyers began a mass march from Lahore to Islamabad that was supported by large crowds and coincided with rioting.

In 2012, Kurd was considered as a nominee for the post of Chief Election Commissioner of Pakistan by the Pakistan Muslim League-Nawaz but was ruled out of contention due to constitutional ineligibility. He had also been considered as a possible caretaker prime minister.

Amir Ali Majid

is a legal scholar and author born in Gojra, Punjab, Pakistan.

He was in his second year at University of Agriculture, Faisalabad when he lost his sight. Nevertheless, he went on to receive his B.A., LL.B., LL.M., as well as diplomas in Air and Space Law and International Law.

He is the first blind person in the world to become a Doctor of Civil Law (McGill University). In addition, he is a member of the Higher Education Academy.

His other accomplishments include:

Reader in International Law, London Metropolitan University
Part-time Immigration Judge
Adjunct Professor in Law, Webster University
Visiting Professor (1996), Quaid-e-Azam University
Senior Research Fellow (2001), Islamabad Policy Research Institute
Erasmus Lecturer, 2003, Frankfurt, Germany

He has published one book, newspaper articles and 35 articles in British, German, Dutch, and American journals.

In 2003, he met with Pakistan’s president Pervez Musharraf to discuss disability rights in the country.

Ansar Burney

is a leading Pakistani human rights and civil rights activist. He is a graduate of Masters and Law from Karachi University and honorary recipient of a PhD. in Philosophy. He is widely accredited as being the first man to introduce the concept of human rights in Pakistan nearly 30 years ago.

Asma Jilani Jahangir

(born 27 January 1952 in Lahore) is a Pakistani human rights lawyer and social activist who co-founded and chaired the Human Rights Commission of Pakistan. She is widely known for playing a prominent role in the Lawyers’ Movement and serves as the trustee at the International Crisis Group.

Born and raised in Lahore, Jahangir studied at the Convent of Jesus and Mary before receiving her B.A from Kinnaird and LLB from the Punjab University in 1978. In 1980, Jahangir was called to the Lahore High Court and to the Supreme Court in 1982. In the 1980s, Jahangir became a democracy activist and was imprisoned in 1983 for participating in the Movement for the Restoration of Democracy against the military regime of Zia-ul-Haq. In 1986, she moved to Geneva, and became the vice-chair of the Defense for Children International and remained until 1988 when she moved back to Pakistan.

In 1987 she co-founded the Human Rights Commission of Pakistan and became its Secretary General until 1993 when she was elevated as commission’s chairperson. She was again put under house arrest in November 2007 after the imposition of martial law. After serving as one of the leaders of the Lawyers’ Movement, she became Pakistan’s first woman to serve as the President of Supreme Court Bar Association of Pakistan. She has co-chaired South Asia Forum for Human Rights and was the vice president of International Federation for Human Rights.

Jahangir served as the United Nations Special Reporter on Freedom of Religion from August 2004 to July 2010, including serving on the U.N. panel for inquiry into Sri Lankan human rights violations and on a fact-finding mission on Israeli settlements. Jahangir is the recipient of several awards including the 2014 Right Livelihood Award (along with Edward Snowden), 2010 Freedom Award, Hilal-i-Imtiaz in 2010, Sitara-i-Imtiaz, Ramon Magsaysay Award, 1995 Martin Ennals Award for Human Rights Defenders, and the UNESCO/Bilbao Prize for the Promotion of a Culture of Human Rights. She was awarded an Officer de la Légion d’honneur by France.

Chaudhry Muhammad Barjees Tahir

is a Pakistani politician who is the current Minister of Kashmir Affairs and Gilgit Baltistan.A member of Pakistan Muslim League (Nawaz), Tahir briefly served as Governor of Gilgit–Baltistan in 2015.

Tahir is a member of the National Assembly of Pakistan, currently representing Sheikhupura.

Chaudhry Amir Hussain

is a Pakistani politician. He was the 17th Speaker of National Assembly of Pakistan, serving from 2002 to 2008.

Chaudhry Amir Hussain was born in the city of Sialkot, to a Gujjar family.

On October 2, 2007, 85 Pakistani opposition lawmakers resigned from the country’s parliament to derail President Pervez Musharraf’s re-election bid. The Parliament was to elect the new president before October 15. National Assembly Speaker Chaudhry Amir Hussain stated that the resignations would not affect the presidential election.

Hussain was defeated in the February 2008 parliamentary election