How to make Birth Correction in Smart Card

 

How to Make Birth (Date of Birth) Correction in NADRA Smart Card (CNIC)?

Birth / Date of Birth correction in a NADRA Smart Card (CNIC/SNIC) is legally possible in Pakistan, however it is not automatic and NADRA only allows correction after proper verification and documentary proof under applicable NADRA rules.

A person may apply for correction in the following matters:

Date of Birth correction
Place of Birth correction
Parentage verification (if required)
Age correction according to documents


1) Where to Apply?

You can apply through:

✅ NADRA Registration Center (NRC)

Visit the nearest NADRA Office / NRC.

✅ Pak Identity (Online – Overseas Pakistanis)

Overseas Pakistanis may apply online through Pak Identity portal (in certain cases).


2) Required Documents for Birth/Date of Birth Correction

NADRA will demand different documents depending on the case. Generally required documents include:

A) If you have a Birth Certificate

✅ Original Birth Certificate issued by:

  • Union Council / Municipal Committee / Cantonment Board

B) If you studied in Pakistan

✅ Matric Certificate / School Leaving Certificate
✅ B-Form (if available)

C) If you have a Passport

✅ Pakistani Passport (if issued with correct DOB)

D) If you are married / for females

✅ Marriage Registration Certificate / Nikahnama (if needed)

E) For age verification

✅ Father / Mother CNIC copies
✅ Any old CNIC / Family Registration Certificate (FRC)

📌 Note: NADRA gives the most weight to Birth Certificate + Matric record.


3) Legal Procedure (Step-by-Step)

Step 1: Visit NADRA Office

Go to the relevant NADRA NRC where your record exists.

Step 2: Get Application / Modification Form

Request CNIC Modification / Correction for:

➡️ “Date of Birth Correction / Place of Birth Correction”

Step 3: Biometric Verification

Your biometrics, photo and fingerprints will be captured again.

Step 4: Submit Documentary Proof

Submit all originals + attested photocopies (as demanded by NADRA).

Step 5: Verification Process

NADRA may conduct:

  • Internal verification
  • Record matching
  • Data confirmation from Union Council / Education Board (if needed)

Step 6: Issuance of Corrected Smart Card

Once approved, NADRA issues updated Smart CNIC.


4) Time Duration

Normally:
7 to 30 working days (may vary)

Some cases require strict verification, so it may take longer.


5) Important Legal Points (Very Important)

✅ NADRA allows DOB correction only with solid evidence.
✅ DOB correction is not allowed merely on “personal wish”.
✅ If there is a major difference, NADRA may:

  • reject the application, or
  • demand additional verification / inquiry.

⚠️ If you used the wrong DOB in documents earlier (school records, passport, etc.), the correction becomes difficult.


6) If NADRA Refuses DOB Correction – What is the Remedy?

If NADRA rejects your correction request unfairly, you may take legal remedy including:

✅ Legal Notice to NADRA

First step is to send a proper legal notice with documents and request reconsideration.

✅ Suit / Petition Before Court

You may file a case in appropriate forum, for example:

  • Civil Suit for Declaration
  • Writ Petition in High Court (in some matters)

📌 The court can direct NADRA to correct record if:

  • documentary proof is genuine, and
  • NADRA action is unlawful.

7) Pak-Lawyer Associates Assistance

If you want birth/date of birth correction in Smart CNIC, our law firm can assist you with:

✅ Document review & legal opinion
✅ Application preparation + supporting affidavit
✅ Legal Notice to NADRA (if required)
✅ Court proceedings against NADRA (if needed)

📍 Pak-Lawyer Associates (Lahore)
🌐 www.paklawyer.com
📞 0321-4610092
✉️ ask@paklawyer.com

 

عن الورث

وفاة الزوج والزوجة لها كلمل الحق للتركه

 

الإجابة

بعد وفاة الزوج، فإن الزوجة تُعد من الورثة الشرعيين، وتستحق نصيبها من التركة وفق أحكام الشريعة الإسلامية.

إذا كان للزوج أبناء (أولاد) فإن نصيب الزوجة يكون الثمن (1/8) من التركة.

أما إذا لم يكن للزوج أي أبناء فإن نصيب الزوجة يكون الربع (1/4) من التركة.

للمزيد من المعلومات والتفاصيل حسب حالتك الخاصة، يمكنكِ التواصل معنا، وسنقوم بتقديم الاستشارة القانونية المناسبة وتوجيهكِ وفق ظروف قضيتك.

inheritance and desist legal order

I have problems with my brother and his firmly who are trying to cheat me out of my inheritance. I live in US and don’t know about Pakistan laws. I would like legal counsel so I’m not cheated out of my inheritance. They are also taking advantage of my old father and his wife (my step mom) by living in his house rent free. He has indicated to me in the past that I have no share in my fathers inheritance . I just want to prove a point by protecting what’s due to me even if it’s $1 at end of day. I want to donate/spend all of it for my old parents. But I just need to prove a point for whats left of a moral compass in us humans. Evil vs good so to speak at end of the day. I would also like to be able to see my father without him or his family there. So was wondering if there is a cease and desist injunction I can file? Thankyou

Answer:

 

We understand your concerns regarding inheritance rights, alleged manipulation of your father, and interference by your brother and his family.

1) Ownership during Father’s Lifetime

Under Pakistani law, your father is the absolute owner of his house/property during his lifetime, if the property is in his name.
No child can claim inheritance while the father is alive.
Inheritance starts only after the death of the owner/father.

So, if your father is alive, your brother cannot legally take inheritance, unless:

  • the father has gifted (Hiba) property in his lifetime, or
  • property has been transferred by sale/transfer/mutation, or
  • there is any fraudulent transfer.

2) Your Share in Father’s Inheritance

If your father dies leaving you (as his child), then as per Islamic law + Pakistani inheritance law, you will have a lawful share (unless disqualified under very rare legal grounds).
❌ Your father saying “you have no share” has no effect unless he has legally transferred his property in his lifetime.

3) Brother Living Rent-Free in Father’s House

If the house belongs to your father, then:

  • it is your father’s choice who may live in his house;
  • however, if your brother is pressurizing or forcibly occupying, legal remedy may be available.

4) If Brother is Cheating / Manipulating Father

If there is coercion, fraud or undue influence, legal options include:

  • Suit for Declaration
  • Cancellation of sale deed / gift deed if made through fraud or pressure
  • Injunction (Stay Order) to stop illegal transfer/mutation
  • Criminal complaint in extreme cases (fraud, cheating, threats)

5) Meeting Father Without Brother’s Interference

Yes, if your brother/family is unlawfully preventing you from meeting your father, you may seek:

  • Injunction / Restraining Order from civil court
  • Police complaint / application if harassment or threats exist

6) Cease & Desist / Injunction

In Pakistan, there is no “cease & desist” exactly like US law, but we can legally proceed through:
Legal Notice to brother/stepmother (cease interference + no illegal transfer)
Civil Suit + Temporary Injunction to restrain them
Stay Order against transfer/mutation of property


Important Questions (to advise correctly)

To guide you properly, we need confirmation of the following:

  1. Who is the owner of the house/property?
  • Is it your father’s own property (in his name)?
  • Or is it in your brother’s / stepmother’s name?
  1. Is the property ancestral (from grandfather) or self-acquired by father?
  2. Has your father already made:
  • Gift deed (Hiba),
  • Will (Wasiyat), or
  • Sale/Transfer/Mutation to brother/stepmom?

✅ Please note: Inheritance distribution starts only after father’s death. Until then, the property remains father’s and he may legally manage it.


Please Email as directly for more details at ask@paklawyer.com

Pakistani Nationality for child born abroad

Hi,

I hope you are well. I am writing to seek your professional assistance in relation to a matter concerning Pakistani nationality law.

Background facts
I am a Pakistani national, currently residing in Ireland. My child was born in Ireland while I was lawfully residing there. As Ireland does not automatically grant citizenship by birth in these circumstances, I attempted to register my child with NADRA for Pakistani nationality by descent through me as the mother.

During the NADRA application process, I was unable to provide the father’s particulars. NADRA reviewed the application and rejected it, issuing a written rejection note stating, in substance:

“Please share complete birth certificate with both parents’ names and also share the ID card/passport of the father. Mother’s marital status is unmarried.”

As the father’s particulars cannot be provided, and no alternative administrative procedure was offered to proceed through the mother alone, the application could not proceed further.

Purpose of contacting you
I am not seeking to initiate court proceedings, nor am I requesting a judicial declaration. I am seeking a formal legal opinion explaining the position under Pakistani law and NADRA/consular administrative practice, specifically whether a child born outside Pakistan can acquire Pakistani nationality where the father’s particulars are unavailable.

This legal opinion is required for submission to foreign immigration authorities, who must assess whether Pakistani nationality is available or unavailable in law and in practice in these circumstances.

Scope of the requested legal opinion
I would be grateful if you could advise whether you are able to provide a written legal opinion addressing the following:

The relevant provisions of the Pakistan Citizenship Act, 1951, and any applicable rules

NADRA and consular administrative requirements for citizenship by descent

Whether provision of the father’s particulars is mandatory in practice

Whether Pakistani nationality can be transmitted through the mother alone, in law and in actual administrative practice

Your reasoned conclusion on whether my child is entitled or not entitled to Pakistani nationality in these circumstances

If you are able to assist, kindly let me know your professional fee and the expected timeline for preparing the opinion.

Thank you for your time and consideration. I look forward to your response.

Regards,

……………….

ANSWER:

Based on the Pakistan Citizenship Act, 1951, the Pakistan Citizenship Rules, and the prevailing NADRA/consular documentation practice, I can assist you by issuing a written legal opinion addressing whether Pakistani nationality by descent is available to your child through the mother alone where the father’s particulars are unavailable.

1) Legal position under Pakistan Citizenship Act, 1951 (citizenship by descent)

Under Pakistani nationality law, a child born outside Pakistan may acquire Pakistani citizenship by descent if the relevant statutory conditions are met. In principle, Pakistani citizenship can be transmitted through a Pakistani parent (including the mother), subject to documentary proof of parentage and compliance with the registration requirements applicable to births abroad.

However, while the statute recognizes descent, the administrative process requires documentation that establishes the child’s identity, parentage, and civil status (including the mother’s marital status and details of the other parent where applicable).

2) NADRA / Consular administrative practice (what happens in real processing)

In actual practice, NADRA and Pakistan Missions usually require:

  • Full/long birth certificate (showing parent(s) particulars)
  • Mother’s Pakistani identity documents (CNIC/NICOP, passport)
  • Marriage evidence (if the mother is/was married)
  • Father’s identity particulars (CNIC/NICOP/passport) where the foreign birth record or application indicates a father, or where the mother’s status is shown as married, or where NADRA needs to reconcile lineage.

Your rejection note (“complete birth certificate with both parents’ names… father’s ID… mother’s marital status is unmarried”) reflects a common NADRA position: where the birth record does not contain the father’s particulars and the mother is unmarried, NADRA often treats the lineage/parentage documentation as incomplete and may not proceed without a father’s identity trail, unless the case is supported through an acceptable alternative documentation route.

3) Is father’s information legally mandatory?

Legally: The citizenship entitlement may exist through the mother, but administrative authorities still require evidence of parentage and registration-compliant documents.

Practically: In many cases, father’s particulars become mandatory in practice, not necessarily because the mother cannot transmit nationality, but because NADRA is enforcing documentation standards to establish the child’s identity and lineage and to prevent disputed/uncertain parentage entries.

So the problem is often not the legal theory, but the documentation threshold and NADRA’s administrative insistence.

4) Can Pakistani nationality be transmitted through the mother alone?

In law

Yes, Pakistani citizenship can be claimed through the mother subject to proof and registration requirements.

In practice

Where the father is unavailable and cannot be named or documented, NADRA commonly requires one of the following “alternative proof routes” (depending on the facts and the Mission/NADRA office handling the case):

  • A revised/long-form Irish birth certificate (if Irish authorities can issue a version with parent(s) details consistent with the facts)
  • Consular birth registration / CRC documentation with supporting evidence
  • Affidavit(s) of the mother explaining non-availability of the father’s particulars (with reasons)
  • Evidence supporting sole parentage / sole custody where applicable (for example: official record showing only mother is legally recorded as parent/guardian)
  • Where available: guardianship/parental responsibility documentation under Irish law that clarifies the child’s legal parentage/guardianship status

That said, if the Irish birth record does not contain father’s particulars, and NADRA refuses to process without father’s ID, then for your foreign authorities the key conclusion becomes:

Pakistani nationality may be arguable in law through the mother,
but ❌ may be unavailable in practice unless NADRA accepts an alternative documentation route.

5) Conclusion for immigration purposes (availability/unavailability “in law and practice”)

On the facts you provided (birth abroad, mother Pakistani, father particulars unavailable, NADRA rejection issued), a carefully drafted legal opinion can conclude:

  • Citizenship by descent is conceptually recognized under Pakistani law, but
  • In actual NADRA administrative practice, father’s particulars are frequently treated as required for registration of a foreign-born child, and
  • Where father details cannot be provided and no alternative administrative path is offered/accepted, the child’s access to Pakistani nationality becomes practically unavailable at this stage, evidenced by NADRA’s written refusal.

This is exactly the type of “law + administrative reality” analysis foreign immigration authorities usually want.

6) Our assistance (written legal opinion)

Yes, Pak-Lawyer Associates can prepare a formal written legal opinion covering:

  1. Applicable provisions of the Pakistan Citizenship Act, 1951 and relevant rules
  2. NADRA / consular documentation requirements and common practice
  3. Practical position on father particulars and alternative documentation
  4. Whether nationality is available through the mother alone (law vs practice)
  5. A reasoned conclusion for submission to foreign authorities
  6. Annexures: NADRA rejection note + documents list + recommended steps (if you want)

7) Documents we will need from you

To make the opinion strong and defensible, please share (scan/PDF):

  • Your Pakistani passport and CNIC/NICOP
  • Child’s full/long Irish birth certificate
  • NADRA written rejection note
  • Any Irish legal document confirming sole parentage/guardianship (if any)
  • Your marital status proof (as applicable)

8) Fee & timeline

Our professional fee and timeline depend on urgency and the number of supporting documents, but once the above documents are received, we can finalize a structured legal opinion promptly.

You may contact us through www.paklawyer.com for fee confirmation and submission of documents.

 

what is dower

I don’t understand what is dower exact btaye. ?

 

ANSWERED:

 

Bilkul! “Dower” ko Urdu mein “Haq Mehr / Mehr / Dowry nahi” kehte hain. Ye Islam aur Pakistani law dono ke mutabiq wife ka legal right hota hai.

Neeche main aap ko detail mein simple words mein samjha deta hoon:


✅ Dower (Haq Mehr) kya hota hai?

Dower / Haq Mehr woh amount (paise, gold, property ya koi bhi qeemti cheez) hai jo:

➡️ Nikah ke waqt Husband par wajib hoti hai
➡️ aur biwi ka haq (right) hota hai
➡️ aur Husband ko dena zaroori hota hai

📌 Ye “gift” nahi hota — ye biwi ka shari aur kanooni haq hai.


✅ Dower aur Dowry mein farq (Very Important)

❌ Dowry (Jahez)

  • Jahez larki walon ka diya hua saman hota hai
  • Mostly cultural cheez hai
  • Islam mein jahez zaroori nahi

✅ Dower (Haq Mehr)

  • Mehr mard (husband) biwi ko deta hai
  • Ye Islamic + Legal duty hai

📌 Log aksar “jahez” ko “dower” samajh lete hain, lekin dono bilkul alag cheez hain.


✅ Dower kis cheez mein ho sakta hai?

Mehr/Dower sirf cash nahi hota, ye ho sakta hai:

✅ Cash amount (e.g., Rs. 50,000)
✅ Gold (e.g., 10 tola)
✅ Plot/House
✅ Any valuable property or asset
✅ Quran teaching / Umrah ticket etc (if agreed & written)

📌 Jo cheez Nikahnama par likhi ho woh legal hoti hai.


✅ Dower kitna hota hai?

Mehr ki amount:

🔹 Nikah ke waqt bride & groom decide karte hain
🔹 ye Rs. 1 bhi ho sakta hai aur crore bhi
🔹 law mein minimum fix nahi, lekin reasonable hona chahiye

📌 Pakistan mein aksar Nikahnama mein likha hota hai:

  • “Rs. 100,000 prompt”
  • “Rs. 200,000 deferred”

✅ Dower ki types: Prompt & Deferred

1) ✅ Prompt Dower (Mu’ajjal / فوراً ادا ہونے والا)

  • Ye woh Mehr hota hai jo nikah ke baad foran dena hota hai
  • Biwi demand kare to husband ko dena zaroori

📌 Example:
“Mehr Rs. 50,000 Prompt” means: biwi abhi demand kare, to abhi dena hoga


2) ✅ Deferred Dower (Muwajjal / بعد میں ادا ہونے والا)

  • Ye woh Mehr hota hai jo:
    ✅ baad mein dena hota hai
    ✅ divorce / death / demand par payable hota hai
    ✅ aksar husband ki death par wife ka strong right ban jata hai

📌 Example:
“Mehr Rs. 300,000 Deferred” means: bad mein dena hoga


✅ Dower kab dena hota hai?

Husband ko mehr dena parta hai:

✅ Nikah ke time
✅ Nikah ke baad jab wife demand kare
✅ Divorce ke baad
✅ Husband ki death ke baad (inheritance se pehle)

📌 Agar husband death ho jaye aur mehr unpaid ho, to:

➡️ pehle Mehr pay hoga
➡️ phir baqi property waris mein divide hogi


✅ Agar dower (Haq Mehr) na diya jaye to?

Agar husband ne mehr nahi diya to wife:

Family Court case file kar sakti hai (Suit for Recovery of Dower)
✅ Decree le kar execution kar sakti hai
✅ Husband ki property / salary attach ho sakti hai

📌 Mehr biwi ka recoverable debt hota hai.


✅ Divorce (Talaq/Khula) mein Mehr ka kya rule hai?

✅ 1) Talaq by husband

Agar husband talaq de:

biwi ka mehr full payable hota hai
✅ jo unpaid ho wo recover hoga


✅ 2) Khula by wife

Agar biwi khula le:

📌 Generally court Haq Mehr return karwati hai (if received)

✔ Agar biwi ne mehr liya hi nahi = return ka sawaal nahi
✔ Agar husband cruel ho, violence ho etc = court relief de sakta hai


✅ Nikah ke baad relation na banay to mehr?

Agar Nikah hua ho lekin:

❌ Rukhsati nahi hui / husband-wife relation establish nahi hua

To generally:

📌 half dower payable hota hai
(ye Islamic principle & court practice mein bhi follow hota hai)


✅ Agar Nikahnama mein Mehr likha hi na ho?

Agar Nikahnama mein Mehr mention na ho, to:

➡️ wife ka right still hota hai
➡️ court “Mahr-e-Misl” fix karti hai

✅ Mahr-e-Misl kya hota hai?

Ye wo Mehr hota hai jo:

  • wife ki family background
  • standard in family
  • sisters/cousins ka mehr
  • husband status

dekh kar court decide karti hai.


✅ Simple Example

Agar Nikah mein likha ho:

Mehr: Rs. 200,000
Prompt: Rs. 50,000
Deferred: Rs. 150,000

To:
✅ wife Rs. 50,000 demand kare = husband immediately dega
✅ Rs. 150,000 later payable rahega (divorce/death/demand)


Bilkul ✅
Nikahnama (Pakistan) mein Haq Mehr / Dower ka section specific Box numbers mein hota hai. Aap in boxes ko check kar ke asaani se samajh sakte hain ke Mehr kitna hai, kis type ka hai, aur kitna paid/unpaid hai.


✅ Nikahnama mein Dower (Haq Mehr) kahan hota hai? (Box Numbers)

Box No. 13 — HAQ MEHR / DOWER

📌 Main box yahi hota hai jahan dower ki detail likhi hoti hai:

  • Total Haq Mehr amount (Rs. / Gold / property)
  • Prompt (Mu’ajjal / فوراً ادا ہونے والا)
  • Deferred (Muwajjal / بعد میں ادا ہونے والا)

➡️ Yani agar aapko sirf ek box dekhna ho to Box 13 dekhein.


Box No. 14 — HAQ MEHR ki Details / Mode

Is box mein aksar likha hota hai:

  • Mehr cash hai ya gold ya property
  • Agar property hai to plot number / location mention hoti hai
  • Payment ka tareeqa (kab dena hai)

Box No. 15 — HAQ MEHR Paid / Unpaid

Is box mein usually mention hota hai:

  • Kitna Mehr nikah ke waqt ada kiya gaya
  • Kitna baqi reh gaya (unpaid)

📌 Ye box bohat important hai, kyun ke court mein claim isi se strong hota hai.


Box No. 16 — Special Conditions (Shara’it / Conditions)

Kabhi kabhi yahan likha hota hai:

  • “Mehr talaq par payable hoga”
  • “Mehr demand par payable hoga”
  • “Gold x tola payable”
  • “Husband is bound to pay within ___ months”

📌 Agar koi condition likhi ho to Mehr ka rule us condition ke mutabiq chal sakta hai.


✅ Quick Summary

Haq Mehr ka main box: Box 13
✅ Payment/adaigi ka record: Box 15
✅ Conditions: Box 16

POC issue due to paretns death

I applied for my wife POC she Australian citizen her mother and father Fijian but her father passed away 40 years ago and mother passed away 20 years ago Nadra asking for their identification documents we only ve her mother bother certificate and marriage corticate dnt ve father other documents but they are not accepting marriage certificate…. on the birth certificate of my wife mention that in front father and mother name that if their father is Indian than mention their name only this issue Nadra asking for their identification documents…her mother and father born in fiji they were not Indian.

ANSWER ;

 

Under NADRA law and POC regulations, verification of parentage and background is mandatory; however, where the parents have passed away and production of their passports or identity documents is impossible, the law permits reliance on alternative evidence.

In such circumstances, the following substitute documents should be considered sufficient:

  1. Death Certificates of Parents
    Officially issued death certificates establish that both parents died decades ago, making it practically impossible to provide their passports or identity documents.
  2. Affidavit of the Applicant
    A duly sworn affidavit by the applicant clearly stating:

    • the dates and places of death of both parents;
    • non-availability of any identity documents due to their death and lapse of time;
    • that both parents were born in Fiji and were never Indian nationals;
    • that no material fact has been concealed or misrepresented.
  3. Birth Certificate as Supporting Evidence
    The applicant’s birth certificate, showing the names of both parents, serves as supporting proof of lineage, even though it is not, by itself, proof of nationality.

The settled legal principle is that the law does not require performance of an impossible act. Where original parental identity documents cannot be produced due to death and passage of time, duly issued death certificates coupled with a sworn affidavit constitute valid alternative proof.

Any refusal to consider such alternative evidence would amount to an unreasonable and unlawful demand, liable to be challenged before the constitutional courts.