A Survivorship Deed is a crucial legal instrument in Pakistani property law used when joint owners wish to ensure smooth transition of property ownership upon the death of one owner. This document type is particularly relevant in situations involving jointly held property, whether residential, commercial, or agricultural. The deed must be carefully drafted to comply with Pakistani civil law while also considering Islamic law principles where applicable. When properly executed and registered, a Survivorship Deed helps avoid potential inheritance disputes and provides a clear mechanism for property transfer. The document typically includes comprehensive property details, clear survivorship terms, and must be properly stamped and registered with relevant authorities under the Registration Act 1908. It's commonly used by spouses, business partners, or family members who jointly own property and wish to ensure continuity of ownership.
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1. Parties: Full legal names, addresses, and identification details of all joint owners executing the deed
2. Background: Recitals establishing the current ownership status, details of property acquisition, and existing relationship between parties
3. Definitions: Key terms used in the deed including 'Property', 'Survivorship Rights', 'Joint Owners', etc.
4. Property Details: Comprehensive description of the property subject to survivorship rights
5. Declaration of Joint Ownership: Confirmation of current joint ownership status and shares
6. Survivorship Agreement: Core terms establishing the right of survivorship and mechanism of property transfer upon death
7. Rights and Obligations: Ongoing rights and obligations of joint owners during their lifetime
8. Governing Law: Specification that the deed is governed by Pakistani law
9. Execution: Formal execution clause with space for signatures, witnesses, and attestation
1. Islamic Law Compliance: Required when parties are Muslim, ensuring compliance with Islamic inheritance principles
2. Power of Attorney: Optional clause granting power of attorney between joint owners for property management
3. Dispute Resolution: Optional mechanism for resolving disputes between joint owners
4. Severability: Optional clause ensuring survival of other provisions if any provision is found invalid
5. Third Party Rights: Optional section addressing rights of family members or other interested parties
6. Management Provisions: Optional details about property management during joint ownership
7. Revocation Rights: Optional terms specifying if and how the deed can be revoked
1. Schedule A - Property Description: Detailed legal description of property including boundaries, measurements, and registration details
2. Schedule B - Title Documents: List and copies of relevant property title documents and previous transfers
3. Schedule C - Existing Encumbrances: Details of any existing mortgages, liens, or encumbrances on the property
4. Appendix 1 - Property Plans: Site plans, building plans, or maps of the property
5. Appendix 2 - Ownership Proof: Copies of original purchase documents and proof of joint ownership
6. Appendix 3 - Identity Documents: Copies of identification documents of all parties
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