What is Succession Certificate?
Succession Certificate is a formal certification awarded by a civil court, which entitles the legal representatives of a deceased person to manage the deceased’s assets and liabilities. The concerned Courts in Bangladesh grant Succession Certificate as per section 371 of the Succession Act, 1925. This certificate also establishes the right of a legal heir in the assets of a deceased person. Therefore, sometimes it is also referred as the Inheritance Certificate.
When Succession Certificate is Required?
Succession Certificate is required when a deceased person leaves some properties such as money in the bank, shares, bonds, stocks, cars, other certificates etc. So, obtaining this certificate is necessary because the legal heirs of the departed person can claim the ownership of such immovable properties. Conversely, the banks and the other government agencies also demand this certificate, while transferring the ownership of the deceased person’s property.
Who can Apply for Succession Certificate?
In order to apply for Succession Certificate, an applicant has to be the legal heir of the deceased person. If the deceased person leaves more than one heir, then they all can become applicant and file this succession case together. However, if the successors do not come to a mutual understanding with each other then they have to be included as defendants by the applicant.
Required Documents for Instituting a Succession Certificate Application
The following documents are required and have to be submitted to the Court, in order to institute a Succession Certificate application.
- NID/ Birth Certificate/ Passport of the applicants or heirs.
- Death Certificate and NID of the deceased: Death Certificate have to be collected from the concerned City Corporation/ Municipality/ Union Parishad.
- Warisan Sanads of the applicants or heirs: Warisan Sanad have to be collected from the concerned City Corporation/ Municipality/ Union Parishad.
- Statements of Bank Balance and Securities (Bank Statement, Share Certificate).
Procedures of Obtaining Succession Certificate from the Court
Step 1: Submitting the Application before the Court: After collecting all the required documents, the applicant/heir shall have to file an application for obtaining the said certificate under Section 372 of the Succession Act, 1925. The application is to be presented before the competent District Judge Court in the manner prescribed in Code of Civil Procedure, 1908. However, Joint District Judge entertains the application of Succession Certificate as he is delegated with the power to hear this application by the District Judge.
Step 2: Court Proceedings: After receiving such application, the Court shall summon the defendants and the defendants, if they affirm the application may submit a written statement or else they may submit a written objection objecting the claims of the applicants/heirs. Thereafter, the Court shall set a date for hearing and upon hearing both the parties of the application, the Court shall pronounce its order for the grant of the certificate to the applicant.
Step 3: Certification: After granting the application, the Court shall provide a Succession Certificate to the applicants/heirs. Such certificate shall contain the exact amount of debts and securities to be inherited by the applicants/heirs.
Time Frame
In this regard, the applicant does not need to worry much because the process of application for Succession Certificate is not a lengthy process. Unlike other civil suits, it generally takes 1.5-3 months to obtain this certificate from the Court.
Court Fees
The Court fee for Succession Certificate depends on the monetary value claimed by the applicant in the application. The followings can be the court fee for obtaining such certificate:
- If the claim is less than Tk. 20,000 then no Court fee is required.
- Tk. 20,000 to Tk. 1,00,000 then the Court fee is 1% of such amount.
- Tk. 1,00,001 to unlimited, Court fee is 2%.
These above-mentioned Court fees have to be submitted in the Court along with the petition of Succession Certificate and without this, the Court shall not pass any order issuing the said Certificate.
Disclaimer: This article is intended for educational purposes, for legal guidance, do not hesitate to contact us.
LL.B (Hon’s), LL.M
Advocate, Dhaka Judge Court.
Associate, AinPal.
