Succession certificates are the mechanism by which banks, companies and government departments release the assets of a deceased Pakistani to the legal heirs. Understanding the procedure — and the distinction from letters of administration — matters for every family that has lost a loved one.
1. Governing law
Part X of the Succession Act 1925 governs the issue of succession certificates. Applications are filed in the Civil Court in Karachi under the Ordinance and heard by the District Judge or a Civil Judge to whom the work is assigned.
2. When you need one
A succession certificate is required to collect bank deposits, provident fund, gratuity, insurance proceeds, shares, mutual funds and other debts and securities of the deceased. For immovable property (land, house, apartment), letters of administration are the appropriate instrument.
3. Jurisdiction
The application is filed in the district where the deceased ordinarily resided at the time of death. Where no fixed residence, the court within whose jurisdiction any part of the property may be found has jurisdiction.
4. The application — documents required
Death certificate (NADRA), CNIC of deceased, CNIC of all legal heirs, family tree (shajra nasab), list of debts and securities to be collected, and details of the deceased's residence. Where a Muslim, the Muslim personal law of inheritance is applied to determine shares.
5. Notice and publication
On filing, the court issues general notice by publication in a newspaper of wide circulation, and special notice to any known heirs not joining the petition. This publication period is typically 45 days and gives objectors an opportunity to file.
6. Hearing and grant
In the absence of objection, the court grants the certificate identifying the entitled heirs and their respective shares. Court fees are ad valorem on the value of the debts and securities. The certificate is then presented to the bank/company/authority for release of assets.
7. Overseas Pakistani heirs
Overseas heirs act through Special Power of Attorney attested by the Pakistani consulate. Not all heirs need to attend court — one applicant, properly represented, can obtain the certificate for the benefit of the whole class of heirs.
If a family member has passed away and you need to release assets, engage counsel early — the delay between death and application often creates avoidable disputes among heirs.