Warasat (Heirs) Affidavit (Pakistan)

A Warasat (Heirs) Affidavit in Pakistan sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.

The term 'warasat' derives from the Arabic root 'waritha' (to inherit) and refers to the legal right of succession. In Pakistan, the inheritance law applicable to a deceased Muslim is the Muslim Personal Law (Shariat) Application Act 1962, which mandates that succession to the property of a Muslim is governed by Islamic law — specifically by the Hanafi school of jurisprudence (fiqh), which is the predominant school in Pakistan. Under Hanafi succession rules, heirs are classified into three categories: Quranic heirs (ashab al-furud) who receive fixed fractional shares prescribed in Surah An-Nisa (Quran 4:11-12, 4:176), residuaries (asaba) who take what remains after fixed shares are distributed, and distant kindred (dhawil arham) who inherit only in the absence of the first two categories.

For non-Muslim Pakistani citizens — Christians, Hindus, Parsis, and Sikhs — succession is governed by the Succession Act 1925 (Act XXXIX of 1925), which provides rules of intestate succession derived from English common law. Christians are governed by Sections 31 to 49 of the Succession Act 1925. Hindus, Sikhs, Jains, and Buddhists are covered by the Hindu Succession Act provisions that were saved under the Succession Act 1925 and by the Hindu Undivided Family (HUF) concept.

The Warasat Affidavit must be executed on non-judicial stamp paper under the Stamp Act 1899 and attested before a competent authority as required by the Qanun-e-Shahadat Order 1984 and the Oaths Act 1873. A false declaration in a Warasat Affidavit — for example, omitting a legal heir to claim a larger share — constitutes perjury under Section 193 of the Pakistan Penal Code 1860 and may also constitute fraud in respect of the heirs' property rights.

The Warasat Affidavit is required by the State Bank of Pakistan (SBP)-regulated banks (including Habib Bank, United Bank, MCB, Allied Bank, and all commercial banks) for releasing the deceased's bank balances, fixed deposits, and safe deposit contents to the heirs. Under the Banking Companies Ordinance 1962 and the SBP's circular instructions, banks require a Warasat Affidavit identifying all heirs, death certificate of the account holder, CNIC copies of all heirs, and indemnity from the heirs before releasing the deceased's funds.

For immovable property — agricultural land, residential plots, houses, apartments — the transfer of ownership to heirs requires a Warasat Affidavit alongside the Fard (land record extract) from the Punjab Land Records Authority (PLRA), Sindh Board of Revenue, or equivalent provincial authority. The Revenue Officer (Patwari/Tehsildar) records the mutation (intiqal) in the land record based on the Warasat Affidavit and other supporting documents.

A Warasat Affidavit in Pakistan is needed in virtually every situation where the assets or rights of a deceased person must be formally transferred to their legal heirs, as no transfer can proceed without establishing who the heirs are.

A Warasat Affidavit is required to claim and release the deceased's bank accounts, fixed deposits, prize bonds, and National Savings Certificates. All commercial banks regulated by the State Bank of Pakistan (SBP), as well as the National Savings Organisation (NSO) administered by the Ministry of Finance, require a Warasat Affidavit as the primary document identifying all heirs before releasing the deceased's financial assets. Small amounts (below certain thresholds set by individual banks) may be released on an indemnity basis without a formal succession certificate, but a Warasat Affidavit is still required.

A Warasat Affidavit is needed to register the mutation (intiqal-e-warasat) of immovable property in the name of the legal heirs in the Revenue Records maintained by the provincial Board of Revenue. The Patwari records the names of all heirs and their fractional shares (as per Islamic law for Muslim deceased) in the Jamabandi (field register) based on the Warasat Affidavit and death certificate. Without this mutation, the heirs cannot sell, mortgage, lease, or build on the inherited property.

A Warasat Affidavit is required before applying for a Succession Certificate from the District Court or Civil Court under the Succession Act 1925. While the succession certificate itself is the authoritative court document for claiming the deceased's debts and financial assets, the court first requires the applicant to file a Warasat Affidavit identifying all heirs as part of the petition.

A Warasat Affidavit is needed for claiming the deceased's pension from government departments — the Accountant General's office, the Provincial Finance Department, or the Civil and Military Pension offices — or provident fund from EOBI (Employees Old-Age Benefits Institution) under the EOBI Act 1976 or from the Employees Provident Fund. These government bodies require sworn identification of all heirs before releasing the accumulated pension or provident fund to the family.

A Warasat Affidavit is required for transferring vehicle ownership (motorcycle, car, truck) registered with the District Excise and Taxation office or the Motor Vehicle Registration Authority. The Excise Department requires heirs to submit a Warasat Affidavit alongside the deceased's original vehicle registration certificate (log book) to transfer the registration to a named heir.

A Warasat Affidavit is needed for transferring utility connections — WAPDA electricity meters, SNGPL or SSGCL gas connections, and PTCL telephone lines — from the deceased's name to an heir. Utility companies require a Warasat Affidavit identifying the heir who will assume the connection, along with death certificate and CNIC.

A valid Warasat Affidavit in Pakistan under the Succession Act 1925, the Qanun-e-Shahadat Order 1984, and Islamic inheritance law must contain the following essential elements.

Deceased Person's Particulars: Full legal name of the deceased exactly as on their NADRA CNIC, CNIC number, date and place of death, religion, and last residential address. The death certificate issued by NADRA (based on Union Council's registration of death) or the hospital death certificate must be referenced and ideally attached to the affidavit. For deceased Pakistanis who died abroad, the foreign death certificate must be apostilled by the Ministry of Foreign Affairs (MOFA) or attested by the Pakistani embassy before it is used in Pakistan.

Deponent's Particulars: Full name, CNIC number, address, and relationship to the deceased of the person making the affidavit. The deponent is typically the senior-most surviving heir — the widow/widower, eldest son, or nearest male relative — who swears to the facts on behalf of all heirs.

Complete List of Legal Heirs: Names, CNIC numbers, ages, addresses, and relationships to the deceased of every surviving legal heir. Under Hanafi Islamic succession law applicable to Muslim deceased in Pakistan, the categories of heirs typically include: (a) the surviving spouse (widow/widower); (b) surviving sons and daughters; (c) the deceased's surviving father and mother; (d) the deceased's siblings (in the absence of direct descendants); and (e) other relatives in defined orders of precedence. Omitting any heir — even a distant relative who has a legal share — is a criminal offence under the Pakistan Penal Code 1860 and may be challenged by the omitted heir in court.

Inheritance Shares: For Muslim deceased, the fractional shares of each heir as prescribed by Islamic law — with reference to Surah An-Nisa (Quran 4:11-12, 4:176) and the Hanafi fiqh rules of succession. For example, a widow receives 1/8 of the estate if the deceased has surviving children, and 1/4 if there are no children. Each son receives double the share of a daughter under Quran 4:11 (for the male is the equivalent of the portion of two females). For non-Muslim deceased, shares are determined by the Succession Act 1925.

Declaration of No Other Heirs: A sworn statement that the deponent has declared all surviving legal heirs of the deceased and that no other person has any right or claim to the estate of the deceased under Islamic law or the applicable succession statute. This declaration is critical for banks, revenue authorities, and courts that rely on the completeness of the heir list.

Perjury Warning: A statement that the deponent is aware that false declarations in this affidavit constitute perjury under Section 193 of the Pakistan Penal Code 1860, punishable by up to seven years' imprisonment and a fine.

Attestation: The affidavit must be attested by an Oath Commissioner, First Class Judicial Magistrate, or Notary Public (under the Notaries Ordinance 1961) who verifies the deponent's CNIC. The attesting officer's stamp, signature, and date complete the attestation block.

Forms-legal.com provides this Warasat Affidavit (Pakistan) template to assist families in preparing the heir declaration document required by banks, revenue departments, and courts following a bereavement. The template reflects the Succession Act 1925, Muslim Personal Law (Shariat) Application Act 1962, and the Qanun-e-Shahadat Order 1984. Families dealing with complex estates — multiple properties, business interests, foreign assets, or disputed heirship — should consult an advocate enrolled at a provincial Bar Council for formal legal assistance.

Under the Succession Act 1925, the High Courts of Pakistan have jurisdiction over probate and administration. The Powers of Attorney Act 1882 governs appointment of attorneys. For Muslims, Islamic inheritance law (Faraid) applies — sons receive double the share of daughters. The Waqf Properties Ordinance 1979 governs Islamic endowments. The Trusts Act 1882 governs creation and administration of private trusts.