Suit for Declaration of Right (Istaqrar-e-Haq)

Suit for Declaration of Right

Question: An overseas Pakistani explained his problem: we are brothers, there is one sister, there is one mother, and we want to sell our late father's property, which is in Pakistan. What can we do for this?

Solution: Well, first of all, if you cannot come to Pakistan, appoint some trustworthy person, who can be a relative or a friend, but must be trustworthy, as your special power of attorney. Give him a special power of attorney and mention in it that we are giving this authority regarding this property, that he should get it transferred into our names, and after getting it transferred, complete all the associated formalities.

When you go through the process of a special power of attorney, you should speak to your lawyer, in whatever city you are in, speak to your lawyer and take advice, and he will tell you the whole process of how a special power of attorney is made. I will do a separate program on what a special power of attorney is and what a general power of attorney is. After that, once you have appointed a special power of attorney, you then need to file a suit, which in Urdu is called a suit for istaqrar-e-haq, and in English is called a suit for declaration of right. In this, all of you will be plaintiffs, and your special attorney will represent all of you, and the defendant will be the general public and the institution within whose domain that property falls, whether that is the revenue department, or the excise and taxation department, or a housing society, whichever body holds the authority to transfer it, that will be made a party.

In this suit you will write that my father passed away on such-and-such date, here is his death certificate, here is his property, which falls within the jurisdiction of this court, within this court's hearing. We are his heirs, there are no other heirs besides us, his parents have also passed away, and we are their heirs. File this suit asking that we be declared the lawful heirs and that the relevant department be directed to transfer it into our names.

That suit will be decreed in your favour. Once decreed, you take that decree, that order, that judgment, in certified form, to the relevant department. That department will transfer your father's property into your names as lawful heirs, and after the transfer, you will either have to come yourself, or you can appoint someone as a general power of attorney, and he will sell your property there.