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. 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.

  2. 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.?

  3. 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.

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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.

  9. 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?

  10. 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?

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