What is Succession Certificate?
A succession certificate is a legal document issued by a civil court that establishes the legal heirs of a deceased person and authorizes them to inherit the assets and properties left by the deceased. It is usually required by legal heirs to claim their share in bank accounts, insurance policies, stocks, mutual funds, and other assets held in the name of the deceased.
To obtain a succession certificate, the legal heirs need to file a petition in the civil court that has jurisdiction over the deceased person’s last place of residence. The court will verify the claim of the legal heirs and issue the certificate if it is satisfied that the petitioner is the rightful heir.
The succession certificate is proof of the legal heirs’ entitlement to the deceased person’s assets and properties. All relevant authorities, such as banks, insurance companies, and other financial institutions, recognize it.
It is important to note that obtaining a succession certificate can be time-consuming and complex, and it is advisable to seek the assistance of a legal expert to ensure that all the necessary steps are taken, and the required documentation is filed correctly.
How to obtain a Succession certificate in Pakistan
Losing a loved one is never easy, and dealing with legal procedures on top of the emotional stress can be overwhelming. In Pakistan, the process of obtaining a succession certificate is governed by the Succession Act of 1925. If you are the legal heir of a deceased person in Pakistan, you may need to obtain a succession certificate to claim your share in the assets left by the deceased. This blog will guide you through obtaining a succession certificate in Pakistan.
Step 1: File a Petition
The first step in obtaining a succession certificate is to file a petition in the relevant civil court with jurisdiction over the last place of residence of the deceased. The petition should include details of the dead person’s assets and liabilities, the death certificate, and the legal heirs’ National Identity Cards (NICs).
Step 2: Submit Supporting Documents
Along with the petition, you need to submit supporting documents, such as bank statements, investment records, property deeds, and other relevant documents that establish the assets and liabilities of the deceased.
Death Certificate: A certified copy of the deceased person’s death certificate is required to establish that the person has passed away.
National Identity Cards (NICs) of Legal Heirs: The NICs of all the legal heirs claiming a share in the deceased person’s assets are required.
Assets and Liabilities Details: A list of all the assets and liabilities left by the deceased person, such as bank accounts, investments, properties, loans, and debts.
Property Documents: If the deceased person owned any property, the property’s title documents are required to establish ownership.
Bank Statements: If the deceased person has a bank account, bank statements are required to establish the account’s balance.
Tax Returns: A copy of the latest tax return is required if the deceased person filed tax returns.
Power of Attorney: If a lawyer or a representative represents the legal heirs, a copy of a power of attorney authorizing them to act on behalf of the legal heirs is required.
Step 3: Publication of Notice
Once the petition is filed, the court will publish a notice in a local newspaper to invite objections from interested parties. The notice will also be displayed on the court’s notice board.
Step 4: Verification of Legal Heirs
The court will verify the claim of the legal heirs and may ask for additional documentation or evidence if required. It is important to note that the court may require the presence of all legal heirs during the verification process.
Step 5: Issuance of Succession Certificate
If the court is satisfied that the petitioner is the rightful heir, it will issue a succession certificate. The certificate will specify the names and shares of all the legal heirs and their entitlement to the deceased person’s assets.
The application fee for obtaining a succession certificate in Pakistan may vary depending on the jurisdiction and the specific court where the petition is filed. However, the application fee is usually a percentage of the total value of the assets left by the deceased person. In some cases, the cost may also depend on the number of legal heirs claiming a share in the assets.
The Succession Act of 1925, which governs the process of obtaining a succession certificate in Pakistan, does not specify a fixed fee for the application. The fee is usually determined by the court and may vary depending on the specific circumstances of the case.
It is advisable to consult a legal expert to determine the exact application fee and other costs of obtaining a succession certificate in Pakistan. Legal experts can also guide you through the process and help ensure that all the necessary steps are taken to get the succession certificate.
Obtaining a succession certificate in Pakistan can be a daunting and time-consuming process, but it is essential to establish the legal heirs’ entitlement to the assets left by the deceased person. If you encounter any challenges or complexities in obtaining a succession certificate, it is advisable to seek the guidance of a legal expert. This will ensure that you follow all the necessary steps, file the required documentation correctly, and save you time and stress.
Moreover, it is crucial to note that the specific documents required may vary based on the case’s circumstances. Therefore, seeking the advice of a legal expert is crucial to ensure that all the necessary documents are submitted and avoid any potential delays or issues in the process. With expert guidance, you can navigate through the process with ease and claim your rightful share of the inheritance.