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| Succession Certificate from Court Procedure |
Although, at current, Succession Certificate is issued by NADRA only, however, succession certificate can be issued by civil court as well.
If the court has already issued succession certificate in favour of some legal heirs regarding particular movable properties. You cannot apply to NADRA for obtaining another succession certificate regarding same legal heirs or same property of deceased. In the same way, if you have already obtained succession certificate from NADRA, there is no need to apply for succession certificate regarding same property or same legal heirs before the court.
Just one succession certificate is required to be obtained with regard to particular property/properties and legal heirs of a deceased either from NADRA or from Court.
Two succession certificates regarding same properties or same legal heirs are not required to be obtained from NADRA as well as from court.
Process for obtaining succession certificate from NADRA is different from obtaining the same from court and expenses are also different.
This article will explain bundle of information about succession certificate issued by court like Sample, documents requirement, process, fee/expenses, advantages etc.
Sample | Court Succession Certificate Format
Following is the sample/ format of Court Succession Certificate, in which details of movable property, legal heirs and their respective shares are mentioned.
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| Sample of Court Succession Certificate |
Sample of Court Order for Succession Certificate
Page One
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| Succession Certificate Order of Court Page one |
Page Two
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| Succession Certificate Order Page Two |
From where you can apply for Succession Certificate? NADRA or Court.
After promulgation of "Letters of Administration and Succession Certificates Act", you cannot obtain succession certificate directly from court. You must approach to NADRA from obtaining succession certificate from NADRA.
In case, NADRA does not process your application and refuses by issuing a Decline Certificate, you can then approach to
Documents required for Court’s Succession Certificate
· Decline Certificate issued by NADRA.
· Death Certificate of deceased.
· Family Registration Certificate (FRC).
· Bank Statement showing amount of deceased lying therein.
Procedure for obtaining Succession Certificate from Court
For obtaining succession from civil court, you must have a Decline Certificate issued by NADRA and other relevant documents, detailed hereinafter.
Usually, an Advocate is hired for these services, who files an application for succession certificate in court along with required documents. Following process is adopted by Court, after which succession certificate is issued.
· Application for succession certificate along with copies of relevant documents is filed in Senior Civil Judge or Civil Judge.
· Court summons defendant/ Public at Large through publication in newspapers, inviting objections from aggrieved person.
· After publication in newspapers, if no one appears from public or raise any objection, the court proceeds further for recording of ex parte evidence.
· Ex-parte evidence is recorded and original documents are produced.
· Arguments of Advocate/counsel are heard.
· Application for certificate is accepted and court orders for issuance of succession certificate subject to submission of Surety Bond to the tune of equivalent amount mentioned in succession application or the amount as felt appropriate by the court.
· Surety Bond is submitted
· Succession Certificate is issued, in which date of order of acceptance of succession application is accepted. This succession certificate contains the detail of movable properties of deceased, names of legal heirs and their respective shares
FAQs
Who can withdrawn the amount of succession certificate?
All the legal heirs of deceased can withdrawn their respective shares from the concerned Bank or Financial Institution
Can only one legal heir withdrawn the shares of other legal heirs?
Yes, a single legal heir can also withdraw the shares of other legal heirs but in this case, other legal heirs are required to execute Power of Attorney about amount of succession certificate in favour of that single legal heir and same must be submitted in the court. The court on the basis of Power of Attorney, entitles single legal heir to withdraw the share of other legal heirs.
What is advantage of succession certificate from court?
The advantage is that, all the legal heirs are not required to appear before the court for applying and issuance of succession certificate. Even their biometrics are also not taken as required by NADRA if applied there for succession certificate.
What are expenses on issuance of Succession Certificate from Court?
The expenses for obtaining succession certificate from civil court are not fixed and may vary because in this process, you may have to hire a lawyer and the lawyers have their different professional fees. Besides, there are other miscellaneous expenses as well.
Is surety bond is necessary for issuance of succession certificate from court?
It is a practice of the court to pass an order for submission of surety bond equivalent to the amount of mentioned in succession application but condition of surety bond can be removed by the court if court thinks fit.
How to arrange a Surety?
Anyone from your family, friends or known persons who has any assets equivalent to the amount mentioned in order of the court can stand surety on your behalf. For this, such person has to produce his proof of ownership of assets usually Registry or FARD in case of immovable properties and also has to appear before the court with documents.
Is it necessary that surety must have an immovable property like house, plot etc?
Usually the court accepts the surety of person who has immovable properties along with ownership proof like registry, allotment letter or FARD etc. But, on application/request, the court may accept registration book of car which is movable property.
Is publication is given in newspapers for each and every case of succession certificate from court?
Yes, in each and every case, being practice of the court to order for publication in newspapers in each and every case of succession certificate.
Is decline certificate from NADRA is a mandatory requirement for issuance of succession certificate from court?
Yes, you must have to tell the court that you have already approached NADRA for succession certificate but NADRA has declined your request.