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.
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
- ___________, 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.