Frequently Asked Questions (FAQs) about Succession Certificate & Suit for Declaration:
Q. What is meant by succession certificate?
A. This certificate is issued by a court of competent jurisdiction, which establishes the ownership of the legal heirs regarding movable assets i.e. deposits in the banks, shares, certificates and bonds, stocks, insurance amount etc. issued by the government or the financial institutions etc.
Q. Is Succession Act, 1925 applicable to whole of Islamic Republic of Pakistan?
A. Yes, Succession Act, 1925 is applicable to whole of Pakistan.
Q. What are the legal requirements to obtain succession certificate in Pakistan?
Q. Is security bond is required by the court before issuance of succession certificate?
A. Yes, before the issuance of succession certificate security bond is required to be submitted to the satisfaction of the court by the legal heirs.
Q. What procedure should legal heir/s adopt to get possession of money in the bank of deceased in Pakistan?
A. For getting possession of money in the bank, shares, insurance amount, stocks, bonds etc, a succession certificate is required under Succession Act, 1925.
Q. How long should it take to obtain the Succession certificate from the court?
A. It depends from case to case; however, estimated time for getting succession certificate in case of no opposition from public is between two to three months.
Q. Is there any time limit within which succession certificate must be obtained?
A. There is no time limit for applying to a court for issuance of succession certificate.
Q. Is succession certificate necessary as I am the only child of my deceased parents?
A. Yes, it is necessary.
Q. If a shareholder who held shares in his sole name dies how his legal heir/s can get the shares transmitted in their names?
A. After obtaining a succession certificate they will apply to the company who held shares of the deceased, a request letter for transmission of shares along with copy of succession certificate, death certificate, shares certificates in original, computer national identity card and other requisite information demanded by the said company, for transmission of shares.
Q. Can court grant more than one succession certificate to the same legal heir/s?
A. Yes, court can grant more than one certificate to the same legal heir/s?
Q. On what grounds succession certificate can be cancelled /revoked in Pakistan?
A. Succession certificate granted can be revoked if the proceedings to obtain certificate were defective, that the certificate was obtained fraudulently by making of a false suggestion or by the concealment from the court of something material to the case, that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently, that 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 or securities specified in the certificate renders in proper that the certificate should be revoked.
A. You have to obtain a declaratory decree in favour of legal heirs from the court of competent jurisdiction.
Q. For substitution of name/s of legal heir/s of deceased person in the record of ownership/proprietorship what we need?
A. In case of immovable property legal heirs have to obtain a declaratory decree from the court of competent jurisdiction and in case of movable property a succession certificate is required.
Q. Under what law we file suit for declaration in Pakistan?
A. Suit for declaration is filed under Specific Relief Act, 1877 in Pakistan.
Q. What are the legal requirements for filing Suit for Declaration?
A. For filing of suit for declaration certified copy of death certificate of the deceased is required along with title document of subject property and computer national identity card of the legal heirs, filing the suit.
Q. What is the estimated time for getting decree in declaration suit?
A. It depends from case to case, however, in case of no opposition from public, estimated time is between two to four months.
Q. Can names of the legal heirs be substituted in the relevant records kept or maintained by the concerned departments?
A. Yes, once the court makes declaration in favour of legal heirs their names can be substituted as title holder in the record of relevant regulatory authority/department.
Q. Is there any time limit for applying to a court for a decree of declaration of legal heirs?
A. There is no time limit for applying to a court for obtaining declaratory decree.
Q: Where the Application has to be made?
A. The Application is to be made in the civil court, where the assets are situated and present.
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