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 bank account from a competent court, 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 is filled 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, building, etc. So if anyone told you that he can get a succession certificate for immovable property in Pakistan. Well, he told 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 the Succession act 1925. Section 370 to 390 of the succession act 1925 deals with this certificate.
Succession Certificate Requirements
These documents required for a 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 all heirs or any one of them
- One independent witness
The Procedure for getting a certificate is quite simple.
The procedure of Succession Certificate In Pakistan
Usually, a prescribed form is available in courts that are used to get money from 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
- ___________, 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 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.
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.