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Warish Certificate vs Succession Certificate vs Letters of Administration: Which One Do You Need?

After a death the family is sent from one office to another asking for a "certificate". There are three different documents, issued by different authorities for different jobs. Pick the wrong one and you lose months.

Succession Act 1925, ss.212, 218, 370–390Court-fees Act 1870, Sch. ILocal government warish practice
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Three stacked certificates with seals, comparing warish, succession certificate and letters of administration in Bangladesh
At a glance
  • Warish certificate: who the heirs are; from the local council
  • Succession certificate: right to collect bank money, shares, savings; from the District Judge
  • Letters of administration: authority over the whole estate; from the District Judge
  • Land needs only a warish certificate for namjari
  • Banks above a few lakh usually insist on a succession certificate

In this guide: The three side by side · When the warish certificate is enough · When the bank asks for a succession certificate · When letters of administration make sense · Common mistakes

The short answer

A warish certificate from the Union Parishad, pourashava or city corporation lists the heirs; it is enough for namjari, pension and small balances. A succession certificate from the District Judge under Part X of the Succession Act 1925 authorises named heirs to collect specified debts and securities: bank deposits, FDRs, sanchayapatra, shares, provident fund. Letters of administration appoint an administrator for the whole estate; for Muslim and Hindu families they are optional (s.212 does not bind them) and are used mainly where a bank, a foreign institution or a complex estate requires them. In most Bangladeshi families the sequence is: warish certificate first, then a succession certificate for the money.

The three side by side

Warish certificateSuccession certificateLetters of administration
Issued byUnion Parishad chairman, pourashava mayor or city corporation councillorDistrict Judge (usually transferred to a Joint District Judge)District Judge
LawLocal government practice and circularsSuccession Act 1925, Part X (ss.370–390)Succession Act 1925, Parts VIII–IX
ProvesWho the heirs areRight to collect named debts and securitiesAuthority to administer the whole estate
Used forNamjari, pension, small bank balances, school and utility transfersBank deposits, FDRs, savings certificates, shares, provident fundWhole estates, foreign assets, banks that insist, Christian estates
CostSmall local feeCourt fee: nil to Tk 20,000, 1% to Tk 1 lakh, 2% aboveAd valorem court fee on the estate
TimeDays to a few weeksTypically 3–6 monthsSeveral months or more

When the warish certificate is enough

Use it for mutation of inherited land, family pension, small savings and utility or school transfers. Apply where the deceased lived: Union Parishad, pourashava or city corporation ward office, increasingly online. You need the death certificate, NIDs of the heirs, and a family list; the councillor or chairman verifies locally. Mistakes in names or a missing heir are common, so check it against the NIDs before using it. The warish certificate guide covers the online route.

Warish certificate, succession certificate and letters of administration compared

When the bank asks for a succession certificate

Banks, the Bangladesh Bank savings-certificate desk, brokers and employers holding provident fund usually refuse to pay out above a modest threshold without a court certificate, because it protects them (s.381). The petition is filed before the District Judge of the place where the deceased ordinarily lived, listing each debt or security with its value. The court issues notice, publishes it, hears objections and grants the certificate, typically in three to six months. Court fee is nil up to Tk 20,000, 1 per cent up to Tk 1 lakh and 2 per cent above. Our court fee calculator gives the figure.

When letters of administration make sense

Letters of administration grant authority to manage and distribute the entire estate, including land, through one administrator who must account to the court. They are compulsory for Christian estates and used for Muslim or Hindu estates mainly when assets sit abroad, a foreign bank requires them, heirs are in dispute and an independent administrator is needed, or the estate is large and mixed. If there is a will, the equivalent is probate (Hindu and Christian wills) or letters of administration with the will annexed.

Common mistakes

  • Applying for a succession certificate for land: the court does not grant one for immovable property; use warish and namjari.
  • Leaving a heir off the warish list to speed things up: it invites a later suit and can void the namjari.
  • Listing only one bank account in the succession petition: add every debt and security now; a second petition costs time and fee.
  • Missing an heir abroad: they must consent or be served; a power of attorney from abroad solves most cases.
General information, not advice on your case. This guide explains the law and the usual practice. Your documents, your facts and your district’s practice decide what applies to you.
After a death
1

Warish certificate

From the local council where the deceased lived.

2

Namjari

Mutate inherited land into the heirs' names.

3

List the money

Every account, FDR, savings certificate, share and PF.

4

Succession petition

File once for all debts and securities.

Most families need two of the three, in this order.Book a Consultation

Common questions

What is the difference between a warish certificate and a succession certificate?

A warish certificate is issued by the local council and lists the heirs. A succession certificate is a court order under the Succession Act 1925 authorising heirs to collect specified debts and securities such as bank deposits and shares.

Is a warish certificate enough to withdraw money from a bank?

For small balances many banks accept it with an indemnity. Above the bank's threshold they ask for a succession certificate from the District Judge.

Do I need a succession certificate for land?

No. Inherited land is transferred by namjari on the strength of a warish certificate. Succession certificates cover debts and securities, not immovable property.

Are letters of administration required for Muslims in Bangladesh?

No. Section 212 of the Succession Act does not bind Muslim or Hindu estates. They are used when a foreign institution or bank insists, or an estate needs an independent administrator.

How long does a succession certificate take?

Usually three to six months after filing, depending on notice, publication and objections.

What is the court fee for a succession certificate?

Nil up to Tk 20,000, 1 per cent up to Tk 1 lakh and 2 per cent on amounts above, calculated on the value of the debts and securities listed.

What is the difference between probate and letters of administration?

Probate proves a will and confirms its executor. Letters of administration appoint an administrator where there is no will, or no executor able to act.

Can one heir apply for a succession certificate on behalf of all?

Yes, with the others named and served. The certificate can be granted to one or more heirs, who must then distribute according to the shares.

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