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.
- Death certificate of the deceased
- CNIC (Identity Card) of the deceased
- CNIC (Identity Card) of the heirs
- Notices and public advertisement
- Statement of the all heirs or any one of them
- 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 to 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 to 2 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
- ___________, WIDOW OF ________ [DECEASED].
- _________, SON OF _________ [DECEASED]
- ____________, DAUGHTER OF ________ [DECEASED]
RESIDENTS OF HOUSE NO. __________, RAWALPINDI
V E R S U S
PUBLIC AT LARGE
APPLICATION U/S 372 OF THE SUCCESSION ACT, 1925 FOR GRANT OF SUCCESSION CERTIFICATE
The applicants respectfully submit: –
- Name of deceased. _______
- Date of death of the deceased. _______
- 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)
- Any impediment U/S 370 or any other section of the Succession Act, 1925 0r any other law to the grant of certificate. None
- Debts for which the certificate is applied for:-
Account of deceased bearing No. ______ at ________(Details of Bank), Branch Code (___). Rs. __________/-
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.
Advocate High Court
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.