Pakistan - Obtain a Succession / Legal Heir Certificate

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Procedure

1. Filing of the suit
Application for the certificate should be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed, for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:
1. the time of the death of the deceased;
2. the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
3. the family or other near relatives of the deceased and their respective residences;
4. the right in which the petitioner claims;
5. the absence of any impediment to the grant of the certificate or to the validity if it were granted;
6. the debts and securities in respect of which the certificate is applied for; and
7. death certificate of the deceased is required along with detail/proof of subject asset and CNIC of the person(s) filing the application.
2. Notice and advertisement
If the District Judge is satisfied that there is ground for accepting the application, a day is set for the hearing and issue notice of the application and of the day fixed for the hearing:
1. to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and
2. to be posted on some conspicuous part of the courthouse and published in a government publications of such matters.
3. Reply of Interested parties
Anyone who feels that the certificate should not be issued responds to the notice published to stop the issuance of the certificate. If no one objects, the hearing is held on the date issued by the court.
4. Final arguments & decree by the Court
When the Judge decides the right thereto to belong to the applicant, the Judge makes an order for the grant of the certificate to the applicant.

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Required Documents

Legal Heir Certificate–

• Original death certificate of the deceased person
• Identity Card
• Ration Card
• Name of the family members and relationship
• An affidavit on a stamp paper

Succession certificate-

• Original death certificate of the deceased person
• Time and place of death
• Names of all the legal heirs and their relationship with the deceased person.
• Identity Card
• Ration Card

Office Locations & Contacts

National Database and Registration Authority (NADRA)

NADRA State Bank of Pakistan Building,

Shahrah-i-Jamhuriat, G-5/2, Islamabad, 44000, Pakistan

Telephone:

7000 (for subscribers of Mobilink,Ufone,Telenor and Zong),

+92 51 111 786 100 (for fixed lines and overseas applicants)

Website: https://www.nadra.gov.pk

Find nearest NADRA Center

District Courts in the province of Punjab

District Courts in the province of Balochistan

District Courts of Sindh

District Courts of Islamabad

District Courts of Khyber Pakhtunkhwa

District Courts of Gilgit Baltistan

District Courts of Azad Jammu & Kashmir

Eligibility

Legal Heir Certificate: Son, daughter, wife, husband, or parents of the deceased person can apply.

Succession Certificate: Only a legal heir can apply.

Fees

The court levies a fixed percentage of the value of the estate as fee for issuance of the certificate.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

 Please attach documents that can be used by people. e.g. links

Sample Documents

Sample Certificate

Processing Time

The court usually issues a succession certificate in five to seven months.

Related Videos

Videos explaining the procedure or to fill the applications. 
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Instructions

There are two different ways to file an application for succession certificate;

• All legal heirs file a joint application in the court with the consent of other legal heirs. During proceedings, all legal heirs record their statements in favour of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. The court in this scenario decides the application in favour of one legal heir who afterwards distributes the property among other heirs.
• The second method to obtain succession certificate is that all legal heirs apply for succession certificate individually and the court issues the certificates to all of them according to their share in the property.Following are procedural steps of suit:

Required Information

• Name of deceased
• Fathers/ Husbands Name
• Permanent home address
• Name of applicant
• Relation with deceased
• Present address
• Details of debts applied for.
• Name and address of family members
• Name & Address of relatives of deceased
• Signature of applicant with date
• Date and place of death

Need for the Document

Succession Certificate is required when a person passes away to transfer the deceased's property to his/her lawful heirs such as insurance claims, money in bank account(s), bonds, Stock Exchange shares etc.

Legal heir certificate is used for various purposes such as insurance, gratuity, retirement /pensions claims, etc.

Information which might help

Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate in Pakistan.
A petition needs to be filed with the district court or high court within whose jurisdiction the asset is located.

Other uses of the Document/Certificate

This type of Heirship Certificate can be issued for the purpose of receiving owed Government payment to the heirs of the decedent and many other areas of inheritance.

External Links

http://www.lawsofpakistan.com/succession-certificate-in-pakistan/
http://www.saayanilaw.com/succession-laws/

Succession Act, 1925 – Part X

Others

A widow can acquire the succession certificate simply by submitting application form in qualified court and when dead person left small kids then widow may document application form as their organic protector.