How To Get Succession Certificate To Withdraw Money From Deceased A/c

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 decree 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. On the other hand if you don’t have succession certificate for bank account from competent court, the banks do not allow legal hairs to withdraw money.

Note: If you want to get Succession certificate from court in Pakistan then contact us or leave a comment below with necessary information for legal help.

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.

The 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 In Pakistan

Usually a ready made form is available in courts which is used to get money from deceased account. The heirs have to fill that Janishini Certificate and mention complete description of movable properties which they want to withdraw.

You can also click here to Download Janishini Succession certificate Certificate format.

If by any chance you can’t use that form then you can write plaint on legal papers explaining all the facts which led the heir to file this suit for succession certificate. The format of plaint is also provided below.

When you submit plaint then on first hearing the court will order the notices through advertisement in newspaper.

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 statements 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 is passed to grant succession certificate, subject to the satisfaction of court.

The whole process takes around 1 to 2 month depending upon the circumstances of each case.

When the legal heirs received the certified copy of certificate, they can present it to the concerned institution and then withdraw assets or transfer them in their own name.

Succession certificate for pension

In the event of death of a person who was also government employee. His legal heirs are required to get succession to withdraw pension. Recently in a latest judgement of Supreme Court, it is held that declaratory decree is required instead of succession certificate to withdraw pension.

Still many official departments due to ignorance requires succession decree but legally it is wrong. Suit for declaration is required to be filed by the lawyer instead of succession certificate for pension.

Court requires security bond before issuance of succession certificate

When the court issue succession decree at the same time it also order to submit security bond. That surety bond must substitute the amount order in succession.

E.g: if court issue succession over 1 million, then security or surety bond must have a value of 1 million.

Usually in security bond legal heirs submit their immovable property to satisfy the court.

Note: There is no limit in filling a suit to get certificate of succession.

What Are The Grounds To Cancel/Revoke/Object Succession Certificate In Pakistan

This certificate is granted when petitioner states truth. It can be revoked if the proceedings to obtain certificate were defective. You can also cancel certificate if

  • Obtained fraudulently by making of a false suggestion.
  • Concealment from the court of something material to the case.
  • Untrue allegation of a fact essential in point of law
  • The certificate has become useless and inoperative through circumstances or that a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts
  • securities specified in the certificate renders in proper that the certificate should be revoked

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 certificate if you want.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

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 on the debts mentioned 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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95 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.

      • Mahjabeen Rizvi says:

        What will be the cost for succession certoficate for insurance policy worth Rs.458,000.

        Thanks
        Mahjabeen Rizvi
        [email protected]

        • M. Mateen says:

          it depends on the lawyer. if you are hiring a experienced lawyer he can cost you 60k and if you hire a lawyer with with sufficient experience then he might charge you less then 60 k.
          On the other hand you ca contact our attorney, we have panel of lawyers who are affordable for every one.
          Call Malik Awais Alam
          0334-4686001 (Its also a whats app number)

  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 a week. 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 takes 1 to 2 months to complete the process.

  16. Shakir says:

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

  17. Kashif Ajaz says:

    Assalam o Alekum, we are two brothers & a sister, one brother is out of touch for years, we have his NICOP copy but its expired in 2013, else we have all the documents needed. Is it possible to get a succession certificate in order to withdraw money from bank, I am from Karachi, kindly reply, thanks.

  18. salim baig says:

    does the mother and sister are also heir of deceased property if they are dependent on deceased

  19. Sania says:

    Does FRC is required for succession certificate? And is it necessary that all the heirs should be presented for getting a succession certificate. As one of our brother is not in contact for many years.
    Further more we require succesion certificate for national savings certificate where our father has just mentioned us as nominee excluding the brother who is not available.

  20. Muhammad Sohail says:

    Can we have to submit original succession certificate

  21. Moon says:

    Hello,

    What is the procedure of surety bond before getting surety bond.

    And If there are minors in the heirs, can they get their share from the bank showing same certificate once they are 18 ?

  22. Shryr says:

    Can a succession certificate be used to withdraw pension by a daughter of government servant, where the wife of government servant is dead?

  23. sanaullah khan says:

    Immovable property?

  24. Ubaid says:

    Assalamoalikum brother Muhammad Mateen,
    Kindly advise regarding the immovable property of a deceased person like land, building etc..
    Is Heirship Certificate necessary or if all/some heirs give General Power of Attorney to one of them in order to distribute the property or sell to anyone(outsider) or what so ever amendment (simply Power of Attorney can be used instead of Heirship Certificate) or Heirship Certificate is compulsory before giving Power of Attorney to any of them from all heirs.

    Thanks and Best Regards

    Ubaid

  25. Ubaid says:

    Assalamoalaikum brother,

    Two more questions has been asked regarding Immovable Property like land & Building;
    1.After getting the Heirship Certificate, can All heirs except one (Attorney) give Power of Attorney to any one existing heir in order to sold out/distribute the property remind that the Attorney who receives the power is outside from Pakistan.

    2. Above mentioned details, can all heirs give power of attorney to any outsider other than the heirs in order to distribute/ sold out the property

    or simply all heirs together directly sold out the property to any one and that property can transfer/register under his/her name.

    In all above cases, one or two heirs are outside from Pakistan, how they resolve it without physical appearance in Pakistan.

    How long it will take and kindly separately mention all details charges if possible.

    I am very thankful for your kind response and coperation

    Thanks and best Regards

    Ubaid

  26. Imran Gill says:

    Respected sir ,
    Can a court provided a succession certificate to one heir if others are not interested?
    My father and brother are not ready to go to court and not receiving summons of court .

    • M. Mateen says:

      yes you can apply for succession certificate if other are not interested. But when court issue certificate in this situation, it allows all legal heir to witdraw only their respective share…

  27. Shahid says:

    I have two daughters only (no son). I am afraid that my brothers will litigate my family (my wife and daughters) after my death to get their share from my inheritance. What should I do to avert my brothers taking share from my inheritance?

  28. Assad says:

    CNIC was not a requirement in the succession certificate then why is it so necessary to have CNIC. Is there an alternative to it like Intiqal virasat.

    • M. Mateen says:

      CNIC of heirs is requirement to get succession certificate. Without it how can you prove the authenticity of lineage. But CNIC of deceases is optional.

      • Asif says:

        Sir meri 2 mothers hain 2nd mother nay apnay shares say withdraw kia hai court main satement record b krai hai succesion certificate main ab jidge shb nay likha ha k petioner mean first wife uska share collect karay gi
        Meray father govt employee thay ab mainay dept m jb files di hain wo kahtay hain 2nd wife ko bhi hisa lana paray ga halankay wo withdraw kr chuki hain
        Sir kindly tell me hamin kia karna chahiay

  29. Saira khan says:

    What is wakalat nama??My brother sends me to sign it.There is not his sign.He said i will use it for successsion certificate.should i sign on it??sir what you suggest???accutually we are living in different cities.

    • M. Mateen says:

      Wakalatnama is attorney in which you authorized lawyer to start litigation on your behalf. in succession cases you will get your share so don’t worry. It’s a legal requirement to start cases in your. If you need help from Rawalpindi or Islamabad then do contact us.

  30. Yasir Akbar says:

    I have two questions regarding succession matter.

    1. Do I have to make a “Legal Heirship Certificate” from DC office first, to apply for a “Succession Certificate” in court of law?

    2. Government of Pakistan is authorizing NADRA soon, for issuance of “Succession Certificate” to legal heirs to avoid time consuming exercise, Do you have any idea how much time will it take to place?

    Best Regards,
    Yasir Akbar

    • M. Mateen says:

      First DC office does not make heirship certificate. It’s purely court matter.
      Second: NADRA has recently amended it’s rule but they didn’t provide service relating to issue succession certificate. But the govt. is trying to authorize NADRA soon in future to offer these services as well. It will take time but right now court is the only forum where you can get succession certificate.

  31. Muhammad Iqbal ALam says:

    Dear Sir, My mother died in Jan 2014 leaving behind a petty amount of 24000/- in NBP. I want to know if succession certificate is mandatory for this small amount bcz we are 9 legal heirs of the deceased and obviously no one is ready to claim. Moreover, can the amount be claimed after 5 years?

  32. Munir Ahmad says:

    Can we deligate the power of attorny to someone in succession certificate suit right from the start?
    Guide please.

  33. Naeem Sukhera says:

    Can husband get the succession certificate of his wife?

  34. Raheed Mahmood says:

    is it possible to request a copy of inheritance certificate,
    in order to check if an application for such a certificate has alraedy been made

    role catonment boards.
    at the demsie of my late grandfather, my father registered his death
    at the rawalpindi cant. board 1989
    TIP tax was paid, reciept issued to indicate transfer in the name of heirs was issued.

    tahsil and patwari still have land documents in the name of my grandfather registry and fard. not sure why the discrepency between thasil and cant.

    one co-owner has sold some of the non partitioned property, this would indicate inheratance cert is registered with tahsil, however they still have land records in the name of my grandfather.

    • M. Mateen says:

      its very difficult to check if inheritance certificate is issued or not not especially when the case is very old. but there is no legal restriction on filling new inheritance certificate. we recommend that you contact Malik Awais Alam 0334-4686001. Meet him and properly consult.

  35. Ane says:

    I would like to get a succession cert made, however I am outside of PK. Could I work with a lawyer and get one made while being overseas? How does it work for folks who are not able to make it to court dates, etc.

  36. Daud says:

    Sir can you guide a person resident of Punjab but doing job in Karachi, can he obtained succession certificate from Karachi.

  37. naveed says:

    sir , my father passed away in jan 2019, he had a bank account. i recieved succession certificate from district court of Mirpur AJK. my mother and all my siblings want to withdraw father money to me. can they give special power of attorney to me without their physical presence?? bcz some sis and bro of mine live out of city but they all send me their original cnic’s. plz guide me in detail

  38. Ali says:

    Sir I have obtained a succession certificate from court for my father’s two account in separate banks.I submitted a notarized photocopy of the certificate to first bank they are now asking me to get the copy attested from the session court who issued the original one. I cant submit them the original one as I have to submit it to two banks. My question is do banks require a court attested copy of the certificate?

    • M. Mateen says:

      yes bank banks required attested copy of succession certificate. The only authority to attest it is concerned court but there a procedure for that. Not even you can easily get that succession certificate attested without the hep of a lawyer. Do you mind telling us from which area court you obtained that succession certificate?

  39. Farhan says:

    If father & son had a joint account in bank do we still have to inform bank & get succession certificate on death of father to access money & continue using that account?

  40. Mahjabeen Rizvi says:

    what are charges of succession certificate for both movable and immovable assets. What will be fees for succession certificate for insurance capital worth Rs.400,000

  41. zulfiqar zaidi says:

    My brother in Law expired in 2016 and my sister have only 101 MCB bank shares of face value Rs 1010/= and book value of Rs 20200/. and D/W of Rs 4000/ total RS 24200/.are on this amount succession is required. kindly give your expert opinion .

    • M. Mateen says:

      yes succession certificate is a must documents for bank even if you have 500 rupees in bank account.
      Kindly contact him and prepare yourself to file a case
      Malik Awais Alam
      0334-4686001

  42. Sohail says:

    Can an objection petition be filed against order for succession Certificate-? The creditor company was not mentioned in the succession application and the deceased owed it money.How do we stop succession from happening now as they will empty the bank accounts

    • M. Mateen says:

      Call on this number.
      0334-4686001
      He will tell you how to stop succession certificate? and the procedure to file objection petition. If they withdrew all money creditor will suffer loss so do contact him.
      Its a serious matter.

  43. Qasim rabbani MD phd dma says:

    Salam alaicum brother. Do I need a lawyer to get certificate? Or just go to court fill out form to get ball rolling. Do all parties need to attend ?

    • M. Mateen says:

      if you have sufficient knowledge about law, then you can file case without lawyer. But this case involves a statement of witness and you probably won’t know what statements should be given. So i would like to advise you hire a lawyer, it doesn’t cost you. Yes all parties must attend the proceeding if not then you need power of attorney.
      We also provide legal service, so if you want to file a case then contact him.
      Malik Awais Alam
      0334-4686001

  44. Ahtif says:

    My father was a UK citizen but passed away in Pakistan last year September. I traveled to Pakistan for the funeral and to try and sort his legalities out regarding his bank account. I was advised that i needed a power of attorney from the UK as we are 2 brothers and 4 sisters all living in the UK. Is this the case or a succession order is enough to release the funds from his account? I already have the bank statement, death certificate and have informed the NADRA office of his death. Thanks

    • M. Mateen says:

      Yes on order to file suit you have two options, first is you personally appear or you give power of attorney. In your case you need to power of attorney and rest of the documents which includes (bank statement, death certificate, copies of NIC of all hairs).
      I would recommend you to kindly contact Malik Awais Alam. He’s a professional lawyer and he will help you get succession certificate.
      His contact number is 0334-4686001

  45. Nazakat Ali says:

    Assalam-o-Alaikam, Sir Plz tell me Whether succession certificate is required to be obtained to settle claims like family assistnce pckhage,pension, benvevolent fund and group insurance GP Fund, leave encashment etc of a deceased government servant who died while in service?

    • M. Mateen says:

      Yes succession certificate is necessary. When govt or private employee dies, his legal hairs can claim (family assistance package,pension, benevolent fund and group insurance GP Fund, leave encasement etc) through this document.
      If you required further help to get succession certificate then do contact us. we also provide legal services.

  46. Sabrina says:

    What’s the process of after succession certificate is being done ?

  47. Kamran says:

    What is the procedure of succession certificate for property (which in the name of deceased)? What documents will be required?

    • M. Mateen says:

      if by property you meant land, house or building then succession certificate does not lie on these matters. You have to file suit for declaration to get heir-ship certificate.
      For Legal help contact
      Malik Awais Alam
      0334-4686001

  48. M. Kamal says:

    Mateen Saheb: Is it possible for someone to get a succession certificate in one’s life and designate the successors such that succession certificate will become valid automatically upon one’s death?

  49. Zafar Iqbal says:

    Sir mery father ki death k baad mery bhai bahan jo shadishuda hain walda k sath mil kar account se debit card per cash ly rahy hain, father ny paisa invest kia hua tha bank main, main fori toor per kis tarha account freez karwa sakta hoon please guide me,

  1. March 9, 2018

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