What is a Succession Certificate?
- A succession certificate is a document that gives authority to the successor of a deceased person, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name.
Who will apply?
- Any successors (as per Farayez / Shariya law) can apply to the relevant court of District and Session Judge Court. If the deceased person has more than one legal heir, they all as applicants can file this Sucession Case. However, if all the successors are not like minded then they must be included as Defendant.
Required Documents?
- Death Certificate & NID of the Deceased: Death Certificate have to collected from the concern City Corporation/Municipality/Union Parishad as per Birth and Death Registration Act, 2004.
- Warisan Sanad (from city corporation) of the Heirs: It contains the list of the heirs of the deceased. It has to be collected from the concern City Corporation / Municipality/Union Parishad.
- Statements of Bank Balance and Securities (eg. Bank Statement, Share Certificate)
- NID of the Applicants and Opposite Party (Heirs of the Deceased)
Procedure Step by Step:
Step 01: Preparation and Submission of Application: After collecting the required documents to prepare an Application for obtaining a Succession Certificate as per Section 372 of the Succession Act 1925. Such applications have to be verified and signed by the Applicants, heirs of the deceased and have to submit the same in the Joint District Judge Court, which is authorized to deal with such applications. Along with such application required Court Fees have to be submitted.
Step 02: Court Proceedings: After receiving the application, the Court shall summon the Defendant/s. The defendant may either submit a written statement supporting the Applicants or may submit a written objection. Thereafter the Court shall fix a date for hearing and hearing the parties the Court shall make an Order for the grant of the Certificate to the applicant.
Step 04: Succession Certificate: Finally, the Court shall provide a Succession Certificate to the Applicant as per his/her application in the prescribed form. In the Certificate the Court shall specify the balance amount and securities to be inherited by the legal heirs, thereby empowering the applicants to receive the same.
Time Frame: Generally, it takes 1.5-3 months to obtain a Succession Certificate from the Court.
Note: As per law all applicants are required to be present in the Court for legal proceedings. In exceptional circumstances, other applicants may give power of attorney to a particular applicant to continue the proceedings. But they all must be present in the court to collect Succession Certificates subject to providing court fees.
