..::Succession Certificate in Pakistan

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?

A. You need certified death certificate of the deceased along with detail of subject assets, computer national identity card of the legal heirs filing the application and to furnish requisite surety.

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.

Q. For movable property we need to obtain succession certificate, for immovable property what should we need?

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.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice.

 

140 comments on “..::Succession Certificate in Pakistan

  1. Dear Sir AOA.
    My uncle had died in the UK about 5 years back. He possessed British nationality. There is a plot in Islamabad in his name and around Rs. 1,6 million in the UBL in Karachi. He is survived by a widow, three sons and one daughter (one daughter died), all possessing British nationality. Shall be highly grateful if you please give answers to the following questions;
    1. How can they obtain succession certificate to get the money lying in the bank?
    2. How can one son get succession certificate for his due share of bank money when the other family members are not cooperating?
    3. Similarly how can one son get declaratory decree to get his due share in the plot when the others family members are not cooperating? Also title document (i.e fard) of the plot has lost?

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    • for getting his due share from the bank money the son has to apply for the succession certificate in Pakistan.
      for getting his due share from the plot, 1st the son has to get a declaratory decree of legal heirs, then he has get transfer the property on all the legal heirs of the deceased, then he may get partition or sell his share of the plot.

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      • Thank you so much sir. However, second para of the reply is somewhat unclear perhaps due to composing mistake. Shall be grateful if you see it again. Saud

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  2. Sir!
    a person who appoint for LOA/LETTER OF SUCCESSION by the court have ownership rights or all the heirs are owners of property ? Without others heirs permission they can sell the property???

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    • in LOA/SUCCESSION CERTIFICATE, the court authorize a person/persons to disperse the property of the deceased between all the declared legal heirs.

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  3. A.O.A Dear Sir!
    One of my client’s son was doing job in Saudi Arabia and during his job he died in an accident. Dead body was brought to Pakistan and buried here. Now my client wants to claim the insurance amount from the company in Saudi Arabia being his legal heir. Is the petition u/s 372 of Succession Act maintainable in court of Pakistan while at the time of death he was residing in Saudia and the company from which we want to claim the insurance is also in Saudi Arabia. Will the succession certificate granted by Court in Pakistan be effected there?

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