Latest Procedure of Succession Certificate In Pakistan in 2022

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

  1. Death certificate of the deceased
  2. CNIC (Identity Card) of the deceased
  3. CNIC (Identity Card) of the heirs
  4. Family registration certificate
  5. Detail of moveable or immovable properties
  6. Where legal heirs have appointed any on the heir to present application than such document i.e. special power of attorney.
  7. 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

  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

196 Comments

  1. Our parents have died. There is moveable and immovable property. I am the only son and i have three sisters. My sister applied for the succession certificate. We got it, but in the favour of my sister. It is written on the succession certificate “This succession certificate is accordingly granted in favour of ………………and empowers her to collect immovable properties of the deceased mentioned above and distribute them among the legal heirs mentioned aforesaid”. Why it has empowered her to distribute? I dont understand. She says, she doesnt know, probably part of the format. What are the legal implications? I am the son, and i have to sell the property and distribute as per islamic shariah law. What does this empowerment means? and why all other heirs were not informed before hand about this empowerment? We want to give this empowerment to our eldest sister. Does this empower her in courts to distribute the property? How to change the succession certificate. Thank you very much.

  2. Sir, according to the new format of the succession certificate. nadra add two lines at the end .that is
    “This certificate empowers the applicant to receive the moveable assets and distribute them among legal heirs”.
    What does it mean? the bank is not ready to give all heirs separately, the bank only gives that applicant.

  3. My father died in 2019.
    He has his house and money in national saving .
    All siblings are out of pakistan .only mother is in pakistan.
    I am the third one , I ll visit for 15 days

    Is it possible that I can file an application for the assests .

    No one has any objection. We all can’t be together at a same time in pakistan.

    Anyone who ll recieve will distribute

    • No you can’t file a succession case on behalf of every one unless you get a power of attorney. For Legal assistance contact Mr. Awais Alam Adv 03344686001.

  4. Mera Bhai Jail police ma warder tha jis ki death ho gye or succession certificate us ki widow k name py jari krwaya ab widow na remarriage KR li jis ka nikah nama la k ab ma nay suit for declaration walida ki taraf say KR dia jis ma court ab relevant law Mang rhi k Kya mother k name transfer ho sakti kya

    • Bety ki pension us ki bixi kay name ho sakti hy magar mother k name nahi ho saki. Relevant resources account office hy they have a list of scenario as to who will be entitled to get deceased benefits.

  5. My husband died in 2020 and he had a bank account which i am the sole heir of but i can’t get the certification of succession because every time my husband sisters would object to it i have taken the case to the court and the bank even told the court that I am the sole heir of the bank account but they keep objecting is there anything i can do or tell my lawyer to do

    • do you have son and daughters as well? if yes then don’t worry file an application in NADRA as the latest procedure involves NADRA in succession cases. You husband sisters have nothing to do with it. If you are from Rawalpindi/Isb then you can hire our services as well

      • My husband died in 2020 and he had a bank account which i am the sole heir of but i can’t get the certification of succession because every time my husband sisters would object to it i have taken the case to the court and the bank even told the court that I am the sole heir of the bank account but they keep objecting i have 2 sons and a daughter if they apply for a succesion certificate through a nadra center while the case is on going can my Deceased husband sisters his blood relatives will be able to do any thing to stop my children from getting the succession certificate

  6. My sister and brother they went to succession meting without me because we have some issues over the wording if I want to stop that proceeding what would be the way or option

    • File an application before NADRA in case the proceeding are in process in NADRA. In case the succession certificate has already been taken then file a case in civil court.

  7. Agr divorce nadra k record m h ,or ex wife ka nic ab b mrhoom shohr k nam p record m ho phr kia nadra mrhoom shohr k nam p bna hua nic divorce ku base p cancel nhu krta to kia krna chahiye

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