If you have a question like what is a succession certificate in Pakistan? or how to get a succession certificate in Pakistan? Then you came to the right place.
Basically, a succession decree is a registered document that is required when a person dies leaving behind money in a bank account, bonds, or shares in the company.
Once legal heirs get this certificate they can withdraw money from the deceased accounts in Pakistan. On the other hand, if you don’t have a succession certificate for a bank account from a competent forum, the banks do not allow legal hairs to withdraw money.
It is a mandatory requirement of a financial institution, that legal heirs must have a succession certificate in Pakistan. In order to get this certificate, a proper case/application is filled in NADRA or in come cases in civil court.
The certificate allows the heirs to withdraw movable properties from the financial institutions. So this certificate will not serve you any purpose if the deceased had immovable properties like land, buildings, etc.
Read Also: Procedure of Legal Heirship Certificate For Immovable Property in Pakistan
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 the Succession act 1925 and The Punjab Letters of Administration and Succession Certificates Ordinance, 2021. Section 370 to 390 of the succession act 1925 deals with this certificate.
New Procedure of NADRA Succession Certificate in Pakistan
Recently, the Governor of Punjab has issued a new succession law called The Punjab Letters of Administration and Succession Certificates Ordinance, 2021. It contains only 13 provisions. Now people should go to the NADRA office, instead of the civil court, to claim/withdraw the moveable or immovable property of the deceased.
Where NADRA issues CNIC to Pakistani, now it also has the authority to issue Succession Certificate to the claiment according to their family registration certificate (FRC).
Succession Facility Counters will be set up at the designated NADRA offices to receive public requests for succession certificates.
Procedure to Janishini Certificate from NADRA
- As soon as a person dies leaving behind his land, property, or cash in a bank, his heirs have to apply to the NADRA office instead of going to court.
- After receiving the application, the authority will publish advertisements in English and Urdu newspapers.
- Where no person raises any objection within 14 days, then after Biometric Verification the Authority will issue a certificate of succession to the legal heirs.
- Biometric verification can be done from Pakistan or any city in the world.
- A succession certificate issued by NADRA Authority will be the same as that issued by a civil court.
- In case any factual controversy arises between legal heirs or the authority doesn’t issue a certificate within the time then legal heirs can approach the civil court
Documents Required to get Succession Certificate From NADRA
These documents required for a succession certificate in Pakistan and are attached at the time of submitting an application in NADRA
- Death certificate of the deceased
- CNIC (Identity Card) of the deceased
- CNIC (Identity Card) of the heirs
- Family registration certificate
- Detail of moveable or immovable properties
- Where legal heirs have appointed any on the heir to present application than such document i.e. special power of attorney.
- One independent witness in the case matter went into court.
An online record of all applications for succession will be kept on the NADRA website. The application for the Janishini certificate can be filed where the deceased has died or where he had property.
According to section 10 of this ordinance, no court has the jurisdiction to entertain succession matters with the respect to issue certificates. The authority will receive an advertisement fee in these cases.
Procedure to Get Succession Certificate From Court In Pakistan
In case any controversy arises between legal heirs or authority didn’t issue a certificate with in time. Then the parties can file suit before a civil court.
Usually, a prescribed form is available in courts that are used to get money from a deceased account. The heirs have to fill that Janishini Certificate and mention a complete description of movable properties that they want to withdraw.
You can also click here to Download the 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 the plaint is also provided below.
When you submit plaint then on first hearing the court will order the notices through advertisement in the newspaper.
On the second hearing the copy of the advertisement is submitted in the court and further order of recording of evidence is passed.
On the third hearing, the statements of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.
The fourth hearing is fixed to hear the arguments and after that, the order is passed to grant succession certificate, subject to the satisfaction of the court.
The whole process takes around 1 to 2 months depending upon the circumstances of each case.
When the legal heirs received the certified copy of the 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 the death of a person who was also a government employee. His legal heirs are required to get succession to withdraw pension. Recently in the latest judgment of the Supreme Court, it is held that declaratory decree is required instead of a succession certificate to withdraw pension.
Still many official departments due to ignorance require succession decree but legally it is wrong. Suit for declaration is required to be filed by the lawyer instead of a succession certificate for a pension.
Court requires a security bond before the issuance of a succession certificate
When the court issue a succession decree at the same time it also orders to submit a security bond. That surety bond must substitute the amount ordered in succession.
E.g: if the 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.
There is no limit in filing a suit to get a certificate of succession.
What Are The Grounds To Cancel/Revoke/Object Succession Certificate In Pakistan
This certificate is granted when the petitioner states the truth. It can be revoked if the proceedings to obtain certificates were defective. You can also cancel the certificate if
- Obtained fraudulently by making 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 the succession certificate application.
This is just a succession certificate sample Pakistan you can add additional information in the certificate if you want.
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI
Application No.___/2013
- ___________, WIDOW OF ________ [DECEASED].
- _________, SON OF _________ [DECEASED]
- ____________, 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: –
- 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. __________/-
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
Is this possible we submit the muhajir card and muhajir as a witness for succession certificate in pakistan court??
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.
What will be the cost for succession certoficate for insurance policy worth Rs.458,000.
Thanks
Mahjabeen Rizvi
[email protected]
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)
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
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)
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
Jb ap ny statment submit kerwani ho us sy phely nekal sakty ho…
Statment submit kerwany ky bad nhe…
But with the concern of all the heirs….
Otherwise any one of them can sue that person
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.
same problem is here now.. they have been holding our documents since may 2018. more than 60 days are passed but still they are saying the same
what they saying?
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?
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
Brilliant stuff
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
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/
kya successtion certeficate banwane kay liye FRC ki zaroorat parti hay?
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.
dear sir nice to see your posts regarding succession certificste issuence..well done
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.
normally this whole procedure take one to two month.
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?
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.
If we need a succession certificate for immoveable property ,so how to get it….pl share the procedure.
okay i will share that as well, but if you want to it we can help you in Rwp/isb
I just need to know the procedure of succession certificate for the immovable property of any disease person
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
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.
what is the procedure & requirement for getting succession certificate in Punjab Pakistan for land transfer from deceased mother, kindly advice.
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.
Do we need to submit a security bond to the court before issuance of succession certificate???
yes you have to submit surety bond other wise court will not order.
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.
yes you can get succession certificate even your brother is out of touch… but when you file succession certificate do add his name in the petition.
does the mother and sister are also heir of deceased property if they are dependent on deceased
yes they are.
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.
FRC is not required for succession certificate. And Only one heir and one independent witness is enough. By the way where are you from?
Can we have to submit original succession certificate
for which purpose?
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 ?
Are you lawyer? If not then don’t consume your mind on it just ask a lawyer he will immediately do it for you.
Can a succession certificate be used to withdraw pension by a daughter of government servant, where the wife of government servant is dead?
Yes it can be used for that purpose as well.
Immovable property?
Explain your question bit more please.
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
yes to dispose off deceased property in any way, heir ship certificate is necessary. if you need our service then you can also ask us.
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
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 .
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…
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?
give me your contact no so that i can talk with you on this matter.
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.
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.
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
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.
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.
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
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.
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?
Can we deligate the power of attorny to someone in succession certificate suit right from the start?
Guide please.
Can husband get the succession certificate of his wife?
if the wife is dead then he can get certificate.
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.
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.
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.
I am giving you this contact. Malik Awais Alam 0334-4686001. You should call him and get details. He is experienced lawyer.
Sir can you guide a person resident of Punjab but doing job in Karachi, can he obtained succession certificate from Karachi.
the suit for succession certificate is submitted where the bank is. If the bank is in punjab than you cannot file suit in sindh or anywhere else.
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
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?
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?
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?
contact on this number and give him details so that he can sort out a solution for you.
Malik Awais Alam
0334-4686001
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
contact our Attorney and ask these matters. As we cannot tell you what fee will be charged.
Malik Awais Alam
0334-4686001
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 .
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
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
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.
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 ?
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
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
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
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?
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.
What’s the process of after succession certificate is being done ?
What is the procedure of succession certificate for property (which in the name of deceased)? What documents will be required?
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
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?
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,
app freez nahi karwa sakty jab tak ap case fie na karain succession k tehat
Is it possible for the court to issue more than one successsion certificate to the legal heirs?
The court had issued one succession certificate to my grandmother (about 9 years ago) but my mother was not present at the time of legal hearing. Now, my mother needs to withdraw her share from bank (the court had ordered to keep her share intact) and needs succession certificate. The court has ordered to give her the intact amount, but the bank requires succession certificate, while the lawyer argues that certificate had been issued before to my nany and cannot be issued again. Can you please guide me in this regard?
Thank you.
your lawyer is true
Does court require a letter of proof from bank or company of deceased to proceed petetion for succesion certificate. If Yes, and company Doesn’t Issue the letter then how to proceed the application for Succession certificate?
For LETTER OF ADMINISTRATION court demands property documents for sureity..??
and what is PR BOND??
Sir, Is succession certificate required for movable properties transfer to deceased legal hires?
Thanks
yes its required for movable properties
Sir, sorry to say my question was on Immovable properties please
Sir does a court demands surity for LETTER OF ADMINISTRATION?? and what is PR BOND??
hello sir please share wetness bayan halpi formate in english for succession
If immovable property of a deceased person located in different parts of country, what will be procedure for decree. Either a single decree is applicable for all properties. Can a heir get attorny for all properties with the conscent of all heir?
Can a decree or succession certificate be issued even if a legal heir is not present or don’t want to acceed?
The says that suit will be filed where immovable property is, so you have to file file separate suit. However some judges allow us to file suit in a single city and include all properties wherever they may be.
yes, with consent you can get attorney and if allowed you can also withdraw whole amount in succession case or transfer your own name all immovable property.
succession certificate is only issued when any parties desires. If nobody wants to present then no succession certificate will be issued.
for more info contact.
Malik Awais Alam
03344686001
Dear Sir, your website provides an excellent source of information. It provides answers to most of the common questions. However I still have a query:
My brother has passed away and left behind wife, a son and a daughter, he was a government employee.
1. He has a few bank accounts
2. Residential plots – still not handed over and he has in each plot nominated one of his family member
3. Being a government employee, his widow is entitled to receive a) a lump amount- is this correct or his heirs would all receive a portion from this lump sum amount per the succession certificate
b) pension: who shall be the recipient of his pension – only his wife or his children too-his son is 22 and his daughter is less than 18
c) who can be a guardian for the daughter, his wife of someone else can be nominated too?
d) how many certifications do we need to settle all his assets . Is Succession Certificate enough to handle all his movable and immovable assets
e) the family repose a great trust in me and they want me to handle the deceased assets, however the difficulty is that I am a non resident Pakistani. Can a succession certificate with a power of attorney in my name be issued in my absence ?
4. Last question, can there be two Authorised persons nominated in the succession certificate to withdraw money from bank accounts. Like the wife and the adult son?
Would appreciate your feedback ASAP.
Thanks
Dear one thing you should make it clear and that is only on movable properties succession certificate operates. On immovable properties you need to to obtain legal heirship certificate. secondly only the widow of deceased is entitled to receive pension. Thirdly there is no need to appoint guardian over female as she is matured now. The whole amount will be distributed among Widow and her children.
If the bank situated in more than two or more cities then more then one succession certificate will be required.Yes if you give proper power of attorney then this case can be initiated in your absence.
Lastly if you need more details then kindly contact our attorney at any time.
Malik Awais Alam
0334-4686001 (it’s a Whats-app no too)
succession certificate was issues by court in 2012 to pay amount of wife an daughter of deceased from account and rest on maturity of two minors but legal hires asks bank to keep amount in deceased account is it legal for bank? Bcoz courts orders r to pay two shares immediately two after maturity?
yes it legal you have to read the court orders if this is written in it then it legal
Why do we need security bond for succession certificate and who can give the security bond.
In case of issuance of succession certificate how one can estimate the value of items in locker
to open locker court sends commission who will open the locker and evaluate the value, then this commission submits its report before court.
Salam. Please tell if a succession certificate is required for a joint account in bank. If the husband has died, does the wife needs succession certificate to withdraw money or operate the joint account.
Walikum u Salam, Yes even if you hold a joint account still you will need succession certificate.
My husband passed away leaving behind a son who is minor, also he had loans to be payed off from his amount;
1) will the law keep the minors money freeze while I am the caretaker of the child and have no other priary sources of money than what his father left behind?
2) for the loans, is there any specific procedure to go through to let the court know or mentioning on form or letting lawyer know is enough?
As Salam Alaikum respected Sir, my question is that we are two legal heirs of my father who passed away in 2017. He has left behind some money in his bank account. I want to go ahead and withdraw the money but my sister is not interested so can i file a case independently for the issuance of the succession certificate. Also how mant witnesses are required from my side. Thanks Jazak ALLAH Khairun
Walikum u salam Dear in your case you need to get special power of attorney from your sister. Then you can file succession certificate in court. You will need to present 1 witness to present in court. This whole process can take up to 1 month.
P.S: If you require our help in Islamabad or rawalpindi for anyother legal matter you can call us on our number.
Malik Awais Alam
0334-4686001
After the death of my father , I withdrew money from his account through ATM card, well it was not that much big amount, but now it is zero in account but in future some cheques will come in his account, well when should i apply for that certificate? Will this withdrawal of money effect on the issuance of certificate? My second question is that we have two cars for their transfer of ownership this certificate will be used or what ? kindly guide me through my email not on this page thanks a lot .
You can apply any time for the issuance of succession certificate.
Secondly, to transfer ownership of cars you will required declaration decree from court. Succession certificate will not cover your cars.
And if you want to consult our attorney call on this number.
Malik Awais Alam
0333-4686001
Sir,
Is it correct that National assembly passed resolution that the succession certificate will be issued by Nadra now. I have contacted Nadra office but they have no information about it yet.? Please advise.
Yes the resolution is filed but it has not attained the status of Law. Currently, in Islamabad you can recourse to NADRA authorities but rest of the provinces the old procedure is followed.
Salam. My question is, Deceased ka beta apne naam succession banwane k liye wahan suit file kr skta ha jahan wo reh raha ho currently for e.g in rawalpindi but us k father ki death aur unki residence kisi dusre shehr ki ho. Kindly guide with relevant law if possible. In other words plaintiff jahan rehta ho wo us city mn succession file kr skta ha k nai?
Sorry brother you are slightly wrong. The suit of succession is filed where deceased is from. So if deceased lived in Karachi and his son lived in Lahore the suit of succession will be filed in Karachi. But if deceased has moveable properties in more than one place then you need to file succession certificate in each place’s court.
This is a very good website. All the contents are really very good and nice. My website is for real estate. we deal with different customers to provide them good services.
Respected Sir,
After getting succession certificate, how can we release ‘Fard Malkiat’ From the court?
succession certificate is no used to get fard malkiat. rather you need to get inheritance certificat
Sir Deceased account secession certificate 1,10000 ki amount k liye ho to is py certificate ki fees kya ho gi
Dear, it depends on the lawyer’s experience. In Pakistan, there isn’t fix lawyer fee.
Dear Sir,
Mera ek question he mere husband ki death ho gai he mere father inlaw succession certificate apply kr rhe hen to kiya sara right un ko mill jae ga bank accounts pe r baki property pe? Kiya wo mujhe mera share nai den ge agr certificate un k naam pe mill gaya sb rights un ko mill jaen ge mujhe lawyers kehte hen byan na dena ja k court mein sb ap k father inlaw ko de de gi court agr succession certificate un k naam pe howa to wo chahe bech den sb ya rkh len sb ap ka heq khtm ho jae ga.
The lawyers are telling you right. If you have statement that you surrender all rights to your Father in Law then he can do anything with the sole right. So I would suggest not to give statement and if possible file succession suit for yourself because your are the widow and you have shariah right of 1/8 on your deceased husband property.
Dear Sir,
Thanks for your reply.. Mera koi child nai he os hisab se mera 1/4 part bnta he shariah k hisab se to kiya mein apni statement kl ko wapis le skti hon. Mene prrha he k succession certificate cancel b ho jata he. Mujhe abi nai pta k mere in laws ne kiya likha he case mein unhon ne authority letter apne naam ka bnwaya he ya nai.
nahi aik dafa statement day deny k bad ap us say inkar nahi kar sakti. Succession certificate ko cancek karwany ki waja kuch aur hyn. To ap sock samajh kar apni statement dijye ga aur authority letter nahi dena.
mazeed malumaat k liye ap hamari videi bi dekh sakti hyn. hamary Youtube channel “Your Legal Right” https://www.youtube.com/channel/UCKK5fxSNId2tyCxwYh6g2JQ/featured
As Salaam O Alikum.
Sir can we mention the Govt. value of the immovable property in Succession Application instead of the Market value of the property?
because if the court grants the letter of adm. on the market value of the property it is mentioned on the letter of adm. and when we go to the registration authority to register the sale deed or relinquishment deed or any other deed the tax amount of the property is applicable on the market value of the property.
Dear succession certificate is not applicable to immovable properties. You need to get a heirship certificate and for that, you don’t need to mention the value of the property instead of just mention the address of the property.
Sir I have a question if you can help please. A person dies having an immovable property (plot) and a pension account. Can wife file for transfer of property and money withdrawal from bank? Will she be granted the ownership? The person had a daughter who died few years ago, while other legal heirs (his nephews) are out of touch for years now though they are alive. This person was a permanent resident of Islamabad.
Mam,
His wife is entitled to get a pension and withdraw money from the bank. But she has to file two different cases i.e. Succession certificate for money in the bank and a legal Heirship certificate to transfer property and pension.
The shariah rule is that after the death of the husband, the wife is entitled 1/8 share, and the remaining will revert to a near blood relative. (Husband’s brother and their children). But as you told me that no near relative is in touch with you so you can get the whole share but your lawyer will prepare a case on this point.
So for further help in Islamabad, you can call
Mr. Malik Awais Alam Advocate
0334-4686001
sir how many days we get the succession certificate if document complete sir
Mimimum 2 months
Dear Mr. Mateen:
It is indeed a great forum to get requisite knowledge about the court and basic legal procedures and I appreciate your kind efforts and urge you to continue this forum and public service.
I have a query if you could possibly answer it. I have received succession certificate from RWP Court after 08 months (delay due Covid). After submission of copies in National Savings and HBL, they have asked me to get it verified from the court. National Savings has asked me to get it verified myself whereas HBL has written a letter to Court regarding its authenticity. I want to know about the procedure of verification from Court and the timeline.
Thanks & Regards,
Foaad Hanif
did you present attested copies to them
AOA sir,
My father has passed away in USA. We all are living in USA including my mother. I understand we need death certificate to file for succession certificate for the money he left in bank account. My question is how do we use death certificate from USA in Pakistan ? Does it need to be verified by Pakistan embassy in Pakistan first ?
first get the death certificate from the concerned body in the USA then verify it through the Pak embassy and foreign office. Only then you can use this certificate in Pakistan.
salam….!
i have question….if brother is outside pakistan and there is no account in pak…so what will do…
then you don’t need a succession certificate
Sir plz mjy ye bta skty k death k baad succassion certificate lana kitni dair ka process hota hy court humy kitny days k andar succassion certificate dy data hy plz ans sir
it depends upon the lawyer normally you can get a succession certificate within 1 month but due to the pandemic situation, I can’t say for sure.
Dear sir
Hamany succession application file ki thi us men jo bank statement di thi us may amount 66 thousands tha.court nay sucession certifacte me 66 thousand withdraw ki permission di hay.Lekin ab bank manager kah raha hay k at the time of death of account holder aap k account me 31 thousands thay court nay stament nikalnay k waqt hum say death certificate nhn manga tha.Please guide me.
ap dubara application dayn ussi court me jahan say succession certificate mila tha k due to mistake 66 thousand likha gia hy instead of 31 thousand lehaza issy correct karain aur new succession certificate after correction dayn.
Aoa,
Mery father ki in service death hoi hy jis k bad sary benefits meri mother ko milny thy, magar ab idara succession certificate mang raha hy for plot money, meri mother hn or aik mai daughter, mother entitled hn to kia succession mai mery father k bhai shamil hn gy, idara Frc k mutabik succession mang raha hy, Kia plot money mai chacha ka hisa banta hy agar mother entitled hn to?
walikum U salam. Govt departments ki requirement hy k jab bi koi shaks in service fout ho jaye to succession certieficate chahiye hota hy. Dusri baat k walid ki wafat k bad us kay legal heirs me widow, sons and daughters hoty hyn. agar to ap ka bhai bi hy, phir to plot ka sara hissa bhai behan aur mother me divide ho jaye ga. Lekin agar ap ka bhai nahi to ap ko aik khas hissa mily ga aur baqi hissa ap ki father kay bhaion ko jaye ga.
Quote ” Usually in security bond legal heirs submit their immovable property to satisfy the court.” Unquote
my question is if legal heirs dont have cash OR property to satisfy the court against surity bond, then what will be next procedure.?
Then you have to give personal surety of Government employee above BS-17. This is only if the court allowed you to submit personal suerty.
AoA. Very informative site.
I have a question regarding succession matter. My grandmother passed away leaving a certain amount in a bank. My grandfather and the rest of legal heirs obtained a succession certificate. Now before my grandfather could withdraw his share he also died. The rest of legal heirs had already withdrawn their share from the concerned bank leaving only my grandfather’s share.
Q is Does the legal heirs need to file a new succession petition alongwith relevant documents?
Another situation is that when my uncle went to inquire about bank statement of my grandmother’s account the bank said there is no amount left in the said account? If this is the case how can i give a lawyer complete set of documents for filing a succession petition if bank says there is no amount?
P.s: thee bank officer said that it does not matter, once you bring us a certificate we will ask State bank to release the amount.
yes you need to file fresh succession certificate to withdraw the share that was once allowed to your grandfather. It is the duty of the bank to provide relevant bank statement so that you can mention the amount in succession certificate. If they are refusing to give you documents then you can request court by impleading bank in your case to present documents in court.
AOA,
I am from Karachi. My father died on 10th April 2021. He had a house of 160 Sq yards and investment in Behbood Certificates. Two bank accounts also (having not much funds) I am only child of my parents (Mother also died in 2013. What procedure i have to follow. Please guide.
Dear Mateen sb much impressed the way you are providing legal services to every one. I have following questions regarding surety bond.
1. What documents the surety has to present to the court?
2. If these are ownership documents then will court retain orginal or photo copies?
3. I have heared that court stamps the orginal document and one faces difficulty at the time of sale.
4. If court stamps then for how long these documents will carry the stamp and what is procedure to de stamp these documents.
Best Regards
Shahid
thank you for the compliment.
The surety is required it may be in the form of a case, title document, or land plot house. The original documents are presented before the court. Yes, the court affix a stamp on the documents but after withdrawing all the money you can again approach the court to release the document.
Salam dear sir my case is in the court my father passed away last year.leaving a joint account with either survivor acount now his second wife says my name is there so it’s my money. My mother passed away before my father second marriage. Now she holds on to all the amount in national saving center.i blocked the acount with a court order n trying to get succession certificate. What is the law of pakistan in this regard can some one plz guide me thanks.03153338705 WhatsApp jazak allah khair
My father recently passed away in Pakistan. I was born in Pakistan but gave up my Pakistan citizenship long time ago as a teenager when I became an American citizen. So, I do not have any Pakistan ID card. I live in the US, but have two brothers who live in Pakistan.
My father left behind some money in a National Savings Scheme account. He provided instructions to them that the money should be distributed equally between us three brothers upon his death.
Can you kindly advise on if a Succession Certificate is needed to withdraw this money? Would it be possible for my brothers to withdraw the money including my portion, so they can send me my one-third of the money in America?
Thank you in advance for your help. This website is an excellent resource and you’re helping a lot of people with your valuable information.
Yes, a succession certificate is required in your case. Your brother can only withdraw your portion of money if you are given a special power of attorney to your brothers. If you need legal assistance kindly contact our Attorney.
Malik Awais Alam
0334-4686001
AoA
Sir Very useful & Informative website…
Sir
Kindly guide me regarding succession certificate
Sir
my advocate ask me to deposit 5 lacs surety and PR bond in the form of saving Certificates in the name of (any relative or friend)
Other than me because I am Applicant fr S/cert and can not purchase and submit saving certificates in my name …
Sir why an applicant can not submitt saving certificate in his own name for surety purpose
Kindly guide
Habib
Hyderabad
regards
Court only asks to submit a surety bond equivalent to the amount that you are claiming. What your lawyer is asking doesn’t happened in my experience. You can use immovable property as a surety.
Kindly tell me k agar koi ek legal hier apny account mai paisy transfer krwa rha ho dosry legal hiers ki razamandi Sy to ye hoskta hy ya uski koi Alag documentation hogi succession certificate k I laws?
is k liye ap ko power of attorney deni pary gi
Dear Sir,
Wonderful legal guidance!
A special power of attorney was made for one heir who is living abroad (total 4 heirs). The succession certificate has been issued. Power of attorney was made in 2020, now we want to sell shares of a private limited company. Please tell if this power of attorney is valid for this transaction or do we have to make another general/special power of attorney?
no, you have to make fresh power of attorney with a specific purpose.
Hello sir i have applied for the certificate and i am the only daughter of my deceased parents now that more than a month has passed after applying and no objections after publication have been raised still they make excuses i ask them how long maximum I should wait they don’t gv a satisfactory answer can you suggest me plz what I should do in this case should i wait more and for how long or should i take legal help actually I don’t know how long I should wait they said macimun 15 days but thats not the case obviously plz help sir
did you file that case before NADRA? If yes then complain to higher authorities. If you have filed your case before the court then present yourself before the judge and ask the reason.
Sir, My father died 3 years Ago, can I still apply for succession certificate as he left some money in bank, thanks in advance,
Watch this video https://www.youtube.com/watch?v=29m2-TCwTOc&t=71s. It’s the latest law on getting a succession certificate in Pakistan.
Aoa Sir!!
I need to submit surety bond for succession certificate in karachi. What is the procedure and fee for the same? Do we have to submit orignal property papers ? Can we sale the property that has been given in surety afterwards?
Sir,
My husband’s mother died last year. My husband and his siblings have a property dispute before of her death and now they are not sitting to talk about any matter his two brothers and three sister had set any matter in them but my husband dont know any thing about. We dont have my mother in law’s death certificate either can we get that certificate by her NIC’s copy with the help of any lawyer?.
Aoa Sir,,
Agr deceased ka account joint ho ya pensioner..to phir is k liay kia requirements hain…
Hello Sir, My father was a govt employee and he died due to covid during his duty. We applied for succession certificate but court is asking for surity as you already mentioned above, but problem is that we don’t have any thing for surity. What can we do now?
file an application in the same court and state the circumstances and then request for personal security.
Respected Sir,
I am overseas Pakistani located in Canada. My siblings is making Succession Certificate in PK. Just I want to know can I add my name & my big brother name on it. My father is no more. Please reply. TIA
Sir mere baba ka intaqal hua tha 2012 mai jb mai ne succetion certificate hereship sb bnwai thi and Allahmdullah we all warsi in hereship and nominated to mother so mostly property done but now my one brother die so i what document now i make for that and one brother have mentally issued even is not taken treatment also humari ek land hai jis ko transfer krwana tha kisi ek k nam but wo area malir controlment m h malir court mi sb warsi ko jana huga per advice me mi bhai jis ka mentally issue h us k liye koi solution h
Sir mere father k 2 shadian ha 1 mai beta ho 2 sister ha mere aur stepmother mai say koi bacha nahe ha succession k application maine de ha mere abo k aacounts mai paisay thay aur aur abo on duty wapda mai death ho gae the uska nhi zikar ha sucsseion mai to ye saaray benifits job k aur accounts k kis ko milay gay
i have got succession certificate from nadra to open the locker of my late husband . now is there any need for legal council to open the locker,
Sir, need your guidance please, we are three brothers and 2 sisters and I got succession certificate from nadra, the question is can I got all payment from bank or Bank will distribute with us, my 2 brothers are out of country and they told me to collect all amount, later we Will distribute ,