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241-02 Northern Blvd. 3rd Floor Little Neck NY 11362
Tel: +1 212 972 2277, +1 212 972 2276 Fax: +17182799046
Email: fax@afghanconsulate-ny.org
Working hours: 9:00AM - 3:00PM, Monday - Friday

Inheritance

Welcome to the legal information page. On this page you will find information about attestation of
documents such as power of attorney, wills, oaths, affidavits, solemnization of marriage, birth and
death certificates, and requirements for the aforementioned documents. It is important to check the
type of document/documents you need and make sure you are applying for proper services.

Please look over the directions, complete the forms with the correct information, and return it to the
Consulate General with the required attachments.

If you have any questions, please do not hesitate to contact our legal section on 212 972 2276, 212
972 2277 Ext. 1828

Our office hours are Monday to Friday from 10:00 am to 2:00 pm.

Inheritance

Inheritance is issued by Courts in Afghanistan, and it’s made in Afghanistan’s Consulates or
Embassies outside of Afghanistan.

1- Inheritance is made by one of the heirs or their attorney by submitting a written request. However,
it’s not mandatory for all the heirs to be present in order to request an inheritance, one of them is
sufficient. Please be cautious to include all heirs’ names in the will. At the time of making an
inheritance, confessors and witnesses should be realized that concealing the heirs entitled to
inheritance is a Statutory offense, and it causes the voidance of the inheritance.

2- At the time of making an inheritance, presence of 3 confessors and 2 witnesses are mandatory.
When making an inheritance, the confessors should answer the following questions:

a. Deceased’s date of death, place of death, and the cause of death.

b. Recognition of the deceased’s heirs, if any, stating their names, date of birth, ID (Taskera)
number (volume, page and record number) or Afghan passport details.

c. Whether inheritance was made or not before.

Note: confessors shouldn’t be one of the heirs. Also, presence of the deceased’s death certificate is
mandatory.

3- Conditions of making an inheritance

- Insertion of confessors name with their ID’s (Taskera), volume, page and record number in the
confessor’s column with their photos and fingerprints.
- Insertion of the heirs’ names in the heirs’ column.
- Insertion of witnesses’ names in the witnesses’ column with their photos and fingerprints.
- The explanation column should be written as follows: example,

Today’s date, 3 confessors, mentioned in this inheritance, possessing all their legal possessions and
being competent and capacitated, and without force or reluctance presented at this consulate and
stated as follows:

We the confessors, possessing our legal capacity, confess that the deceased (____), son of (_____),
grandson of (____), address (_____), date of death (__/__/__) because of (please state the cause of
the death of the deceased), and the deceased’s place of the death (______) has died and is no more
alive. The deceased’s heirs entitled to inheritance are as follows: (________) son of (_____) father,
(_____) daughter of (______) mother, (______) daughter of (______) spouse, (_____) son of (_____)
son, and (_____) daughter of (_____) daughter and etc…..only and only the above are the heirs to the
deceased and we (the confessors) don’t have knowledge of other heirs except the above. In case of
contrary, we (the confessors) bear the burden. Also, two witnesses, possessing their legal capacity,
confess that they have the knowledge of knowing the confessors, and the confessors; whatever they
confessed upon is true and valid. We the witnesses, confess that the confessors are bearing their
legal names and their faces are not substitutes. In case of contrary, we (the witnesses) bear the
burden.

At the bottom of the explanation column, confessors’ and the witnesses ‘left tomb print should be
printed clearly and each one’s name should be written under their signatures. Based on the frequent
request from Afghan courts, inheritance should be made prior to making a power of attorney.