This article will cover all aspects of a succession certificate that you might need to acquire legal rights of a property that is to be transferred from successor to successor. It will guide you through the ways in which you can apply for the certificate while fulfilling all its major requirements.
Succession certificate is a document authorized by the Civil Court that is used to obtain the legal authority of a movable property that once belonged to a person who was going to pass it down to the next kin.The movable property can be in the form of money in a bank account, bonds, saving certificates, shares in a company etc. This succession certificate was made compulsory under the Succession Act, 1925.
Valid Applicants for the Certificates
In Pakistan the succession certificate can be granted to any of the legal heir. This includes anyone from the family of the deceased person be it parents, spouses or children.
List of documents required for certificate
The main documents that you will need are
- Death certificate
- CNIC of deceased
- CNIC of legal heir
- Copy of details of property
- Availability of a witness
You will need all the documents that verify the proof of rights of the property being dealt with. You may need the service of a lawyer who will help you to complete the process with all drafted documents. Since every kind of property in Pakistan can be different than the other one that is why there can be variations in the specific requirements. Either all the applicants can apply individually or they can give a joint application where one of the heir can act on their behalf.
Ways to register for the Succession Certificate
In Pakistan you have two ways to register for the succession certificate .You may approach either onefor this purpose.
The court has given Nadra the authority to issue the succession certificates for the people who are registered in the system. When the applicant will submit the request in Nadra, the office will publish an advertisement in the local newspaper about the property in case anyone else has any authority over it. When no one else shows interest in the property over a 14 day time period then the Nadra will authorize the clearance whereby the applicant will get the biometric verification done and then they will be issued the succession certificate. Nadra will also save this in its online system in case of any future need.
The second way to get the succession certificate is to apply in the court. You will have to submit a written form through a lawyer in the civil court with all the relevant details of the property. Thematter should be in plain writing and then the court will call for the first hearing and just like Nadra, it will put an advertisement in the newspaper regarding the relevant property. After this you will have further more hearings where the statement of witness and one of the heir will be heard.You will also have another hearing that will finally issue the clearance to grant a succession certificate. The process can take about 1 to 2 months in total for completion.
The succession certificate will clarify the transfer of the property to the next legal kin under law. Head over to Property Insigts Blog to read more informative topics covering different aspects of legal transfer of moveable and immovale properties in Pakistan. Don’t forget to subscribe to our e-newsletter to receive the latest updates from our blog section on a daily basis.
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