Suit for Declaration Regarding Legal Heirship and Rights in Suit Property
General Description
A Suit for Declaration is a civil proceeding filed to obtain a formal declaration from a competent court regarding a person’s legal status, right, title, ownership, or entitlement to property. Such a suit becomes necessary when a person’s lawful right or legal character is denied, disputed, or is under a cloud of uncertainty and the person requires a binding judicial declaration to establish that right.
In matters relating to inheritance and legal heirship, a declaratory suit may be required where the status of legal heirs or their rights in inherited property are disputed or not being acknowledged. The Court, after examining the relevant evidence and applicable law, may declare the lawful status and rights of the parties.
This type of suit primarily falls within civil law, declaratory relief, property law, and inheritance matters.
IN THE COURT OF LEARNED CIVIL JUDGE, SAMBRIAL, DISTRICT SIALKOT
Suit No. ___ / 2026
Name of Plaintiff, son of Father Name of Plaintiff, resident of Complete Address of Plaintiff, District Sialkot.
(Plaintiff)
VERSUS
- Public at Large.
- Write here Defendant No. 2
(Defendants)
SUIT FOR DECLARATION
Respectfully Sheweth: - That the addresses of the parties given in the heading of the plaint are correct for the purpose of service of notices, summons, and processes of this Honorable Court.
- That late ………………………, son of ……………….. (CNIC No. 34601-000000000-0), was the absolute owner in possession of the commercial/residential property comprising 3 shops on the ground floor (measuring 65 sq. ft. each) and a residential house, situated in ………………., District ……………. bearing PT.1 No………/shop, old reference no. ………………………./SHP and herein after referred as Suit property.(Copy of Pt.1 and Bill electricity is attached)
- That the owner, ……………….., passed away, leaving behind only two legal heirs, namely ………………(Plaintiff) and ………………… (Defendant No. 2), as per the Family Registration Certificate (FRC) issued by NADRA. (Copy of FRC and Death certificate is attached)
- That the Plaintiff and Defendant No. 2 are the sole Islamic legal heirs of the deceased …………………, entitled to inherit the suit property left behind by the deceased ………………. according to the Islamic Law of Inheritance.
- That Defendant No. 2, in collusion with Defendant No. 1 (Public at Large), is refusing to admit and accept the Plaintiff and Defendant No. 2 as the sole legal heirs of the deceased regarding the suit property, thereby creating doubts and ambiguity regarding their legal heirship status, which necessitates a decree of declaration from this Honorable Court.
- That the Plaintiff requested Defendant No. 2 to formally admit and recognize their status as the only legal heirs of the deceased in respect of the suit property, but Defendant No. 2 refused a five days ago, giving rise to a fresh cause of action within the jurisdiction of this Honorable Court.
- That the cause of action accrued to the Plaintiff against the Defendants a five days ago when the legal heirship status of the Plaintiff and Defendant No. 2 in respect of the suit property was disputed, and it continues to accrue day to day within the territorial jurisdiction of Sambrial.
- That the suit property is situated at ……………., Sambrial; hence, this Honorable Court has full territorial and pecuniary jurisdiction to try and adjudicate upon the matter.
- That the value of the suit for the purpose of court fee and jurisdiction is fixed Rs.15,000, and the requisite court fee has been affixed as per law.
PRAYER
It is, therefore, most respectfully prayed that a decree for Declaration may kindly be passed in favor of the Plaintiff against the Defendants declaring that:
• The Plaintiff (………………) and Defendant No. 2 (…………….) are the only surviving legal heirs of the deceased ……………………… in respect of the suit property comprising 3 shops on the ground floor and the house on the 1st and 2nd floors located in ………………, Sambrial.
Any other relief that this Honorable Court deems fit and proper in the circumstances of the case may also be awarded to the Plaintiff.
PLAINTIFF
Through:
Name of Advocate and office detail
VERIFICATION
Verified on Oath at Sambrial on this 2nd day of August 2026 that the contents of paragraphs No. 1 to 6 of the plaint are true to the best of my knowledge, and paragraphs No. 7 to 9 are true to my belief based on legal advice received.
DEPONENT
