Following the death of a property owner in Pakistan, inherited real estate devolves automatically upon legal heirs according to Islamic Shariat shares or inheritance certificates.
However, when co-heirs refuse to divide the property, block access, or attempt to sell joint land unilaterally, any co-owner can file a Suit for Partition under the Partition Act 1893 in the Civil Court or High Court.
The court appoints a Court Commissioner (typically a senior advocate or engineer) to inspect the property and submit a report on whether physical partition by metes and bounds is feasible without destroying structural value.
If physical division is impossible (e.g., a single residential house or commercial plot), the court orders a public auction under Section 2 of the Partition Act, distributing auction proceeds among legal heirs according to certified inheritance shares.
Naich Law Firm assists legal heirs in obtaining Succession Certificates, filing Partition Suits, securing court status quo orders against unauthorized transfers, and executing fair property distribution.
Practical Key Takeaways for Litigants & Clients
- Any co-sharer can file a Suit for Partition regardless of share size.
- Court Commissioners inspect properties to evaluate physical division feasibility.
- If physical division is impossible, court orders public auction and cash distribution.
- Interim status quo orders prevent co-heirs from selling or mortgaging joint property.
- Succession Certificates and Letters of Administration are prerequisites for banking assets.