Inheritance and Succession Certificate
Inheritance and Succession Certificate
An inheritance and succession certificate proves the authenticity of a successor. When a person dies without leaving a will behind regarding the ownership and distribution of his moveable property, his successors can apply for a succession certificate as a legal heir(s) to the property.
What is a succession certificate?
A succession certificate is a legal certificate issued by the Civil Court of Pakistan. The document is of significant importance for the legal heirs of a deceased person as it transfers the moveable property like cash, jewelry, car, bank deposits, bonds, stocks, insurance, etc. in the name of deceased legal heir(s).
Succession act and its duration
The succession certificate issuance and related issues come under the Succession Act of 1925. It is applicable throughout Pakistan. The Law of Succession 1925 governs all procedures related to the succession of the deceased property.
Under normal circumstances, a succession certificate takes up to 2 months. However, in cases where opposition from a third party is involved, the situation may get complicated and take up to 3 months.
Requirements for getting a succession certificate
- To apply for a succession certificate, you require to submit the following authentic documents:
- Death certificate of the deceased
- Computerized National Identity Card (CNIC) of the legal Heir(s).
- Details of the relationship with the deceased
- Details of the moveable asset along with its evidence
In case the heir is a minor, a Guardian Certificate issued by the Court is required. The certificate gives the guardian right to make a clam in place of the minor.
Applying for a succession certificate
In the case of more than one heir, the succession certificate can be applied in two ways.
Individual Application
In individual applications, all legal heirs apply for the succession certificate individually, and the Court offers individual certification in the name of each legal heir.
Joint Application
In a joint application, all legal heirs apply for the succession certificate. During the court proceedings, all legal heirs record their statement in favor of the issuance of a succession certificate in the name of a single legal heir as their representative. Thus, the Court issues the certificate in the name of that legal heir, and the other heirs then distribute the property among themselves without their mutual consent.
Cancellation of succession certificate
Issuance of the succession certificate can also be revoked under the following conditions.
- If the procedure for obtaining the succession certificate is defective
- If the succession certificate is obtained through false suggestion or fraud
- If the succession certificate is obtained through a false allegation of an essential fact even if it was made inadvertently
Our Services
Our team of online lawyers is available 24/7 to help you in matters regarding the succession certificate and its issuance. You can Ask a lawyer online anything about the subject, and our expert lawyers in Pakistan will give you free online legal advice. You can contact us by filling the form below, asking your queries on WhatsApp, or giving us a call.