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
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.