How To Get Succession Certificate To Withdraw Money From Deceased Account

succession certificate

If you have question like what is succession certificate in Pakistan? or how to get succession certificate in Pakistan? Then you came to the right place. Basically, succession certificate is registered document which is required when person dies leaving behind money in bank account, bonds or shares in company. Once legal heirs gets this certificate they can withdraw money from deceased account in Pakistan. But without having succession certificate for bank account from competent court, the banks do not allow legal hairs to get money.

It is a mandatory requirement of financial institution, that legal heirs must have succession certificate in Pakistan. In order to get this certificate a proper case is filled in civil court.

This Succession certificate allows the heirs to withdraw movable properties from financial institution. So this certificate will not serve you any purpose if the deceased had immovable properties like land, building etc. So if anyone told you that he can get succession certificate for immovable property in Pakistan. Well he telling you a lie. For that heir-ship certificate is obtained from the court.

This succession certificate establishes the right of heirs and determines their share in the property. It also gives them the authority to withdraw the money or securities and transferred them in their own name.

The relevant law applicable in this process is Succession act 1925. Section 370 to 390 of succession act 1925 deals with this certificate.

Succession Certificate Requirements

These documents required for succession certificate in Pakistan and are attached at the time of initiating this civil suit.

  1. Death certificate of the deceased
  2. CNIC (Identity Card) of the deceased
  3. CNIC (Identity Card) of the heirs
  4. Notices and public advertisement
  5. Statement of the all heirs or any one of them
  6. One independent witness

The Procedure for getting certificate is quite simple.

Procedure of Succession Certificate

Usually a ready made form is available in courts which is used get money from deceased account. The heirs have to fill them while mentioning the description of all movable properties which they want to withdraw.

If that form is not available then a plaint have to be filled explaining all the facts which led the heir to file this suit.

On first hearing the court will order for the notices in the public newspaper as a advertisement.

On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

Fourth hearing is fixed to hear the arguments and after that the order for granting the succession certificate are passed, only if the court is satisfied.

This whole process takes about 1 month.

When the certificate is received the heirs can take the original copy to the concerned institution and can withdraw the asses or transfer them in their own name.

Format of Succession Certificate

Usually succession certificate format is available in printed form in court which is used for this purpose. But if you couldn’t find that form then use this draft of succession certificate application. This is just succession certificate sample Pakistan you can add additional information in succession certificate if you want.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

Succession Certificate Application No.___/2013

  1. ___________, WIDOW OF ________ [DECEASED].
  2. _________, SON OF _________ [DECEASED]
  3. ____________, DAUGHTER OF ________ [DECEASED]

RESIDENTS OF HOUSE NO. __________, RAWALPINDI

   ……Applicants

V E R S U S

PUBLIC AT LARGE

.…Respondent

APPLICATION U/S 372 OF THE SUCCESSION ACT, 1925 FOR GRANT OF SUCCESSION CERTIFICATE

The applicants respectfully submit: –

  1. Name of deceased. _______
  2. Date of death of the deceased. _______
  3. The right for which the petitioners are claiming: The petitioners are the only legal heirs of the deceased being his widow (Applicant No.1), son(Applicant No.2) & daughter (Applicant No.3)
  4. Any impediment U/S 370 or any other section of the Succession Act, 1925 0r any other law to the grant of certificate. None
  5. Debts for which the certificate is applied for:-
    Account of deceased bearing No. ______ at ________(Details of Bank), Branch Code (___). Rs. __________/-

PRAYER

It is therefore, humbly prayed that a succession certificate of the debts may kindly be issued in the name of the applicants in their respective shares and any order as the court may deem necessary be passed to operate and execute the certificate.

Petitioners

                                                                                                                    Through

Muhammad Mateen
Advocate High Court

VERIFICATION

It is verified on oath at Lahore on this _____ day of ____, 2013 that para of above succession petition are correct and true according to our knowledge and belief and nothing has been withheld or misstated therein.

Petitioners

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30 Responses

  1. anum says:

    Is this possible we submit the muhajir card and muhajir as a witness for succession certificate in pakistan court??

    • M. Mateen says:

      Muhajir Card is not useful for getting succession certificate all you need is death certificate of the person. Any person who know the deceased person very well can come as witness.

  2. Zara says:

    Jo succession certificate kay liyay bank statement daitay hain, uskay baad money transaction karwasktay hein? And if at the time of death account ma hai kuch certain amount, aur bank statement jo humnay daini hai lawyer ko, us say pehlay hum paisay nikalwa lain, tou koi masla hai? Like kay yeh na ho na kay baad main koi issue ho kay at the time of death money zadda the aur jo bank statement di hai usmay kam hai

    • M. Mateen says:

      Dear Zara,
      When a person dies leaving his movable property like in your case money in bank account, legal heir cannot withdraw that money unless they get a succession certificate.
      Even if they some managed to withdraw that amount from deceased account it will damage your case while getting decree from the court like you already said that, “Like kay yeh na ho na kay baad main koi issue ho kay at the time of death money zadda the aur jo bank statement di hai usmay kam hai”.
      So my advice for you is this do not withdraw money unless you get succession certificate because when you will produce bank statement in court the amount written in that statement will be incorporated in succession certificate.
      Thank You For Comment……
      Regards: Muhammad Mateen (ADV)

  3. fozia says:

    sir agar us person ke death ka bad koi chiq deposit kia jata or bad man cirtifecate bnaty han to wo pament drow karwany man court koi problem to ne creat kary ga

  4. Wahida Begum says:

    Succession certificate has been issued to ubl bank for are inheritance we live in uk but still bank is holding onto the money still asking for foreign office to legalise death documents we have also done that but still saying it will take for approval from various teirs ? Can you explain why we are still waiting thank you.

  5. Sarah says:

    If we present Death Certificate (Cancellation Certificate from NADRA) and we do not have Origonal CNIC of the deceased because when we get the Cancellation Certificate from NADRA we have to submit Original ID card in NADRA. Will that be ok?

    • M. Mateen says:

      The only proof that deceased is dead is his Death Certificate issued by NADRA. After this certificate there is no need of CNIC of deceased. you can get succession certificate of heirship certificate on the basis of this death certificate.
      Thank You for Comment.
      Take Care

  6. Shahid iqbal malik Adv says:

    Brilliant stuff

  7. Wilson R. Chaudry says:

    My father passed away last year. He was from Pakistan, but has been a U.S. citizen since the early 1970’s. When he passed, he left two open bank accounts in Pakistan. I’m planning a trip there to settle his affairs. Will I need a secession certificate? And if so, is there anyway to get one before I get to Pakistan?
    Thank You,
    Wilson Chaudry

    • M. Mateen says:

      Yes, there is one possibility. You can give special power of Attorney to any relative or friend in Pakistan along with death certificate and bank statement. Then there’s no need for you to come Pakistan. You can get you father’s money through that attorney of your.
      In any case you need to hire a lawyer who along with your attorney will process everything. because succession certificate is obtained by engaging a lawyer.
      And if You Want A lawyer i can give you better option who have experience in this particular issue/

  8. Waqas says:

    kya successtion certeficate banwane kay liye FRC ki zaroorat parti hay?

    • M. Mateen says:

      No you don’t need Family Registration Certificate to get succession certificate. Only thing which is required is CNICs of all adult hairs. In case anyone of hair is minor than B.From is needed.

  9. parvez iabal says:

    dear sir nice to see your posts regarding succession certificste issuence..well done

  10. Zohaib says:

    Can a court proceed 4 hearings in just a month ? I wonder if this procedure takes this less time ? People are talking about 6/8 months for this procedure, even if the whole documents are straight forwardly presented.

  11. hassan says:

    Aoa
    I am trying to get a copy of death certificate of a family relative. I have visited Nadra office in ISB. they said they cannot help than i went to CDA office they are saying that only that person can get a copy of death certificate who got the death registered in the first place.
    Do i have to hire a lawyer to get a copy of the death certificate? is this not a public document?

    • M. Mateen says:

      Walikum u salam
      Brother. when a person dies someone from his legal heir informs CDA (if in Islamabad) about death. Than only that person is allowed to get death certificate. So CDA is telling truth. So you don’t need to hire lawyer at this stage. But you will need a lawyer at the time of getting succession certificate from court.

  12. Gul says:

    If we need a succession certificate for immoveable property ,so how to get it….pl share the procedure.

  13. Gul says:

    I just need to know the procedure of succession certificate for the immovable property of any disease person

  14. hasan says:

    sir myry abu ki death k bad hum ny succession certicate k lia apply kia thaa 30 aprl ko hearing hoi hemari or nxt day chuti the 1st may ko lawyr ny kha is k lia ab ak zamn b ly k ao jo k or jab mai uncle ko ly k aya to unho ny kha k reports agy chali gai hai mean month k end ko sari reports chali jati hai ab ap ko aplication daini pry gi phr sy ap k documents wapis ain gy to kindly thori C help kr dain is mai k mnth ki last date ko hearing hoi hai or documents agy kysy chaly gay

    • M. Mateen says:

      This only happens if the case is decided because the files are transferred to record room. so, when you want to file application it will take time for almost 2 days. But in your case, i think your proceeding are remaining and the ahlmad has the file. Don’t worry you will get succession certificate soon.

  15. Talha says:

    what is the procedure & requirement for getting succession certificate in Punjab Pakistan for land transfer from deceased mother, kindly advice.

    • M. Mateen says:

      For land transfer you have to get heir ship certificate not succession certificate. The procedure is almost the same and it takes hardly 15 to 25 days to complete the process.

  16. Shakir says:

    Do we need to submit a security bond to the court before issuance of succession certificate???

  1. March 9, 2018

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