View Full Version : Write a detail the procedure for obtaining a succession certificate.(2000)(2001)

08-31-2012, 09:04 PM
Q. What do you mean by succession certificate discuss the procedure to grant a succession certificate by a court. (2000)(2001)
Q. What is succession certificate? which court is competent to grant it and what is the procedure to get it. (19990(2000)
Q. What is succession certificate how it is acquired? explain (2007)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
Case law
1995 CLC 221.
The object of succession certificate is the collection of debts by person who has his prime facie title to succession right of succession certificate to be decided in summary manner.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Pre-requisites of application:
(i) Petition in written from.
(ii) Signed and verified by the application or on his behalf in the manner prescribed by the civil procedure code.
(iii) Time of death of deceased.
(iv) Ordinary residence of deceased.
(v) The property of the deceased with in whose limit.
(vi) Name of family members on near relatives of deceased.
(vii) The right in which the petitioner claims.
(viii) The securities and debt in respect of which the certificate is applied for.
8. In case more than one claimant:
In case where more than one person applies for certificate a joint certificate may be granted.
9. Who can apply for succession certificate:
Following persons can apply for the succession certificate.
(i) Any sound mind person.
(ii) Person who has attained the age of majority.
(iii) Any person who has interest in the estate of deceased.
(iv) Secretary of state.
(v) Any person who has beneficial interest in debt or security of the deceased person.
10. Procedure on application:
Procedure on application shall be as under.
(i) Issuance of notice:
Judge shall cause notice on receiving application for the succession certificate.
(ii) Person on whom the notice to be served:
He shall cause the notice on any person, on whom, in opinion of judge such notice should be given.
(iii) Affixation of notice:
The judge shall also order of the affixation of the notice as well as publication of such notice in the newspaper.
(iv) Decision on fixed day:
The judge shall make decision on the fixed day.
(v) Issuance of certificate:
The court on satisfaction that applicant is entitled for the succession certificate, will issue the same.
11. Contents of the succession certificate:
When succession certificate has been granted the court must specify there in the debts and securities grant of such certificate. the court may empower the person to whom the certificate is granted.
(i) To receive interest or dividend on or.
(ii) To negotiate or transfer or.
(iii) Both to receive interest or dividends on and to negotiate or transfer the securities or any of them.
12. Nature of proceeding before the court:
Under the succession act only summary proceeding are provided for granting the succession certificate.
13. Application of the certificate:
A succession shall have effect throughout Pakistan.
14. Effect of certificate:
Succession certificate shall be conclusive as against the person owing such debts and securities.
15. Conclusion:
To conclude I can say that the instrument through which the disposition of moveable property of the deceased is called succession certificate. it is granted by the competent court of the jurisdiction. its object is to facilitate the collection of debts and securities.