Nadeem Tanoli
The Sindh High Court has held that legal heirs residing abroad may give up their inheritance shares in favour of another heir in non-contentious succession proceedings, subject to proper verification of the relevant documents.
The court observed that notarised documents, supported by examination of the heirs through video link, may be accepted in suitable cases. The ruling is aimed at facilitating overseas Pakistanis in completing inheritance-related formalities without avoidable hardship.
The order was passed by the High Court of Sindh at Karachi on April 1, 2026, in MA No. 212 of 2024. Advocate Asif Rasheed appeared for the appellant. The appeal challenged an order dated November 19, 2024, passed in SMA No. 240 of 2024, whereby a Letter of Administration had been granted but the request for relinquishment of shares in favour of the appellant was declined.
The High Court noted that the succession proceedings remained non-contentious throughout. A notice was published in a newspaper, but no person appeared to raise any objection.
The appellant’s counsel had relied on two earlier decisions of the same court, passed in SMA No. 164 of 2015 and SMA No. 150 of 2018. However, the earlier court did not consider those decisions on the ground that they were unreported. It had also taken the view that a request for relinquishment of shares was beyond the scope of succession proceedings.
The matter related to the estate of Maqbool Ahmed, who died around 2019. His estate included several immovable properties situated in Defence Housing Authority, Karachi. After his death, and in the absence of objections, the properties were transferred among his legal heirs, including his son, his mother Rahat Naz, his daughters Nida Falak and Sana Falak, and his mother Sultana Begum.
After Sultana Begum later passed away, a separate succession case was filed in respect of her share in the properties. In those proceedings, several of her legal heirs submitted affidavits stating that they had no objection to the petition and were relinquishing, releasing and giving up their one-sixth undivided shares in favour of the appellant.
The heirs who filed no-objection affidavits included Iqbal Ahmed, Muhammad Tariq, Rahat Naz Ahmed, Nida Falak Ahmed, Sana Falak Ahmed, Yasmeen Asif, Muhammad Jawed Ahmed, Muhammad Naveed and Aftab Ahmed Soomro. According to the order, all these heirs, except Mst. Nargis Akhter, were living abroad. Their affidavits were notarised.
The High Court observed that the trial court had taken an additional step to verify the authenticity of the documents by examining the overseas heirs through video link. The court appreciated this practice, noting that it helped expedite matters involving Pakistanis residing outside the country.
The court also considered the two earlier succession decisions cited on behalf of the appellant. In SMA No. 164 of 2015, relinquishment of shares by certain legal heirs had been accepted after they executed separate relinquishment deeds attested by the Pakistan Mission abroad, as the heirs were residing in the United States and the Netherlands.
In SMA No. 150 of 2018, the request for relinquishment had been accepted on the basis of formal no-objection affidavits filed by legal heirs and residuaries. Those affidavits contained a specific paragraph stating that the heirs were surrendering and relinquishing their shares.
The High Court held that the earlier court was not justified in ignoring those decisions merely because they had not been reported in law journals. It ruled that judgments of superior courts carry the same weight and legal effect, whether reported or unreported, provided they are relevant to the issue under consideration.
The court further observed that the authenticity of an unreported judgment can be verified from the official court record. Since courts are courts of record, a decision does not lose its legal value only because it has not been published in a law report.
The High Court also rejected the view that the relinquishment request fell outside the scope of succession proceedings. It held that such a request could be examined in the circumstances of the case.
On inheritance matters, the court said a practical approach should be adopted in non-contentious succession cases, particularly where Islamic inheritance law is involved and some legal heirs are residing outside Pakistan. The purpose, the court observed, is to enable overseas Pakistanis to complete lawful inheritance arrangements without compelling them to travel unnecessarily.
The court then set out two practical options for heirs intending to relinquish their shares.
Under the first option, heirs may send properly executed relinquishment deeds, notarised by a Notary Public and then endorsed and attested by the relevant Pakistan Mission abroad in accordance with the legal procedure.
Under the second option, where genuine practical reasons prevent compliance with the first procedure, a relinquishment deed may be notarised by a Notary Public and sent to Pakistan, provided the document clearly explains why the first option could not be followed.
The court held that where the releasors have already been verified through video link, documents sent under the second option would also be given full effect by government offices and authorities in Pakistan.
The ruling, therefore, provides an alternative for overseas heirs where attestation through a Pakistan Mission is genuinely difficult. However, the order makes it clear that proper notarisation, an explanation for not following the first procedure, and video-link verification remain important safeguards.
The High Court partly set aside the earlier order to the extent that it had refused to consider the unreported judicial precedents and the request for relinquishment of shares. The remaining part of the order granting the Letter of Administration was kept intact.
The appeal was allowed to that extent. The court also directed that a copy of its decision be communicated to the judicial officer who had passed the earlier order.
The decision provides guidance for succession cases where there is no dispute among legal heirs. It also clarifies that courts may use practical methods, including video-link examination, to verify overseas heirs while ensuring that inheritance documents are properly authenticated.
The ruling is significant for overseas Pakistani families dealing with inheritance matters in Pakistan, as it provides a clearer course for relinquishing shares where heirs are living abroad, while retaining safeguards against false or unauthorised claims.
The order also lays down an important principle for lawyers and subordinate courts: an unreported judgment of a superior court cannot be disregarded merely because it has not appeared in a law report. Its relevance and authenticity may be checked from the court record, and where applicable, it carries the same legal force as a reported judgment.
