Last will (wassiyat)

Asslamu Alykum,
Do you help drafting last will (wassiyat)? If yes, what is the next step?
Thanks.

 

ANSWER:

Yes, we provide complete legal services for the drafting and registration of a Last Will (Wassiyat) in accordance with the laws of Pakistan and, where desired, Islamic principles.

To proceed, kindly share the following information:

  1. Your full name, CNIC/Passport copy, and current country of residence.
  2. Your current residential address and contact details.
  3. Details of your assets (immovable and movable properties, bank accounts, investments, vehicles, etc.).
  4. The names and relationship of your legal heirs and intended beneficiaries.
  5. Whether you wish the Will to be prepared strictly in accordance with Islamic inheritance principles or include any specific bequests.
  6. Any special instructions or conditions you wish to incorporate in the Will.

Once we receive the above information, we will review your requirements, advise you on the appropriate legal structure, explain the registration procedure, and provide our professional fee quotation.

If you are residing outside Pakistan, we can also facilitate the process remotely.

We look forward to assisting you.

🌐 www.paklawyer.com
📱 WhatsApp: +92 321 4610092

Polio Vaccines

Greetings, Team
With the help of the local police, polio vaccines have been administered in Pakistan. Is it permissible to administer vaccines to youngsters against their parents’ wishes?

Answer:

Yes. Under the laws and public health policies of Pakistan, the Government may enforce polio vaccination campaigns in the interest of protecting public health. To achieve the national objective of eradicating polio, the Government is legally empowered to administer polio vaccines, and law enforcement agencies, including the police, may assist health authorities where necessary to ensure the safety of vaccination teams and facilitate the campaign.

The State’s authority in this regard is based on its constitutional and statutory responsibility to protect public health and prevent the spread of infectious diseases. While parents generally have the right to make decisions concerning their children, those rights are not absolute and may be subject to reasonable restrictions where necessary to safeguard the health and welfare of the child and the wider community.

Accordingly, if the Government, acting under applicable laws and official public health policies, requires the administration of polio vaccines as part of a national immunization campaign, such measures are legally permissible.

Should you require a detailed legal opinion with references to the relevant constitutional provisions, statutes, and judicial precedents, we would be pleased to assist.

Khula from Germany

Do you handle Khula cases involving domestic abuse, and can you file while my mother is still in Germany?

ANSWER:

Yes. We regularly handle Khula (Judicial Divorce) cases in Pakistan involving domestic abuse, domestic violence, physical cruelty, mental harassment, and non-maintenance, including cases where the client or their family members are living abroad.

If your mother is currently in Germany, she does not need to return to Pakistan to initiate the Khula proceedings.

Can a Khula case be filed while my mother is in Germany?

Yes. Your mother can authorize a close family member or a lawyer in Pakistan through a Special Power of Attorney (SPA) executed in Germany. The Power of Attorney should be attested by the Pakistan Embassy or Consulate in Germany and then sent to Pakistan. Once received, we can file the Khula suit before the competent Family Court on her behalf.

Does domestic abuse strengthen a Khula case?

Yes. If your mother has suffered:

  • Physical abuse or domestic violence
  • Mental cruelty or emotional abuse
  • Harassment by her husband or in-laws
  • Threats, intimidation, or humiliation
  • Failure to provide maintenance
  • Desertion or neglect

these facts can be pleaded before the Family Court as grounds demonstrating that reconciliation is no longer possible and that the marriage has become unbearable.

Will she have to appear in court?

In many overseas cases, personal appearances can be minimized. Depending on the facts of the case and the directions of the Family Court, much of the legal process can be managed through the appointed attorney and legal counsel in Pakistan.

How long does a Khula case take?

The duration depends on the workload of the concerned Family Court. However, in many uncontested overseas Khula cases, the decree may be obtained within a few months, followed by completion of the legal formalities for issuance of the Divorce Effectiveness Certificate by the relevant Union Council.

Can you manage the complete process?

Yes. Pak-Lawyer Associates provides complete legal assistance for overseas Pakistanis, including:

  • Drafting and attestation guidance for the Special Power of Attorney (SPA)
  • Filing the Khula suit in the Family Court
  • Representation throughout the proceedings
  • Obtaining the Khula Decree
  • Processing the Union Council formalities
  • Obtaining the official Divorce Effectiveness Certificate

If your mother is in Germany, simply share the city where she resides and a brief summary of her case. We will guide you through each step and handle the entire legal process on her behalf without requiring her to travel to Pakistan unless specifically directed by the Court.

Indian Pakistani marriage

Indian Pakistani marriage: I am a 23-yr old Indian girl settled in Qatar with family and studying in : university. I want to marry a Pakistani guy who is of same age and studies in the same Uni and his fam in Qatar too since childhood.

His father is not ready to even listen a single word .. forget about agreeing for the marriage. The guy does not want to go against his father’s decision and wants his approval. So, he is ready to step back if his relationship with his father gets worse. His father is too stubborn. Even my parents are stubborn but not so much. We are both Muslims. What do we do please advise.

Answer :

From a legal perspective, if both of you are adults and are marrying with your free will and consent, your marriage can be solemnized in Qatar in accordance with the applicable local laws.

After the marriage, the Nikah documents can be attested by the Pakistan Embassy in Qatar and sent to the relevant Union Council in Pakistan (normally the groom’s permanent place of residence) for registration and issuance of the Pakistani Nikah Nama, where applicable. We can assist you with the entire legal process.

However, there is one important point to keep in mind. At present, the Government of Pakistan has significantly restricted the issuance of POC (Pakistan Origin Card) and Pakistani citizenship to Indian nationals. Therefore, if your future plans include obtaining a POC or Pakistani citizenship, you should be aware that approval is currently very difficult and subject to the prevailing government policy.

Regarding your relationship, the legal position is separate from the family aspect. Since both of you value your families, it would be best to continue making sincere efforts to obtain your parents’ consent through respectful dialogue and mediation. If that is not possible and you both ultimately decide to marry of your own free will, you may do so as adults, provided you comply with the laws of Qatar and Pakistan.

If you require legal assistance with the marriage documentation, embassy attestation, or registration in Pakistan, we can manage the complete process for you.

How to remove Stepchildren from NADRA.?

How to remove Stepchildren from NADRA ? I am divorced, had 2 stepchildren and have 1 son of my own with the mother. The mother did not register the stepchildren under their real father’s name whilst he was alive, but instead, registered them under my name when I was forced to marry her. One stepchild is 19 and now has his CNIC card and the other child is 17. My questions are, how would I get them removed from my name in NADRA as my children? How much would this cost? How long would it take? Can this all be done in my absence as I live abroad? Which paperwork would be needed for this?

Answer:

Based on the information you have provided, your case appears to be legally difficult. According to your own statement, the children have remained registered under your name for approximately 19 years, and this status has continued without legal challenge. Seeking their removal after such a long period is likely to face serious legal obstacles.

Ordinarily, the Court may decline such a request because you have, for many years, accepted this legal status, and altering the identity and parentage of adult or near-adult children after nearly two decades may be considered contrary to legal certainty and the dignity of the individuals concerned.

However, if you can prove that:

  • the children’s registration under your name was carried out without your knowledge or consent;
  • you were absent or unaware of the registration, and only recently discovered it;
  • the children’s biological father was alive at the relevant time and there is documentary evidence of his paternity (such as a marriage certificate, birth records, or other admissible evidence);

then you may have grounds to file a declaratory suit before the competent Civil Court seeking correction of the record. If the Court is satisfied with the evidence, it may pass a decree directing the relevant authorities to amend the registration.

Whether the case can be conducted through a Special Power of Attorney while you remain abroad depends on the nature of the evidence and whether your personal appearance is required by the Court. In many cases, most proceedings can be conducted through an attorney.

To assess the merits of your case, we would first need to review:

  • Your marriage and divorce documents.
  • The children’s birth certificates and NADRA records.
  • Any documents relating to their biological father.
  • Any evidence showing that the registration was made without your knowledge or consent.

After reviewing these documents, we can advise you on the chances of success, the estimated legal fee, and the expected timeline.

How Can I Stop Family Coercion in Pakistan?

Family Coercion in Pakistan;

I am 22 years old and I want to become independent, but my parents control every aspect of my life. Whenever I don’t do what they want, they either hit me or stop me from leaving the house. They don’t allow me to work, even though I want to get a job and support myself. They constantly insult me, tell me that I’m not capable of anything, and mentally and emotionally abuse me. They often tell me to leave the house, but at the same time they don’t allow me to become independent or earn my own living. I feel trapped and don’t know what to do. I would like legal advice on what rights I have and what steps I can take to become independent while ensuring my safety.

Answer:

Legal Position (Pakistan):

At 22 years of age, you are a major (adult) under Pakistani law and have the legal right to make your own decisions regarding your employment, residence, education, and personal life.

Your parents cannot legally prevent you from taking a job, starting a business, or living independently. If they unlawfully confine you, physically assault you, or use force to stop you from leaving, you may seek protection from the police or approach the relevant court for appropriate legal relief.

As an adult, you are also generally not entitled to claim maintenance from your father merely because you choose to live separately. Once you are capable of earning your own livelihood, it becomes your responsibility to support yourself.

Practical advice:

  • Secure employment or another lawful source of income.
  • Arrange safe accommodation before leaving home.
  • Keep your identity documents (CNIC, educational certificates, bank documents) with you.
  • If you are subjected to violence, wrongful confinement, or threats, immediately report the matter to the police and seek legal assistance.

In summary, the law recognizes your right to live independently and pursue the career or business of your choice. No one can legally compel an adult to remain confined at home or prevent them from earning a lawful livelihood.