Succession Certificate

What this covers

A succession certificate is an order of the civil court under Part X of the Succession Act 1925 that authorises the holder to collect debts and securities owed to a deceased person, such as bank deposits and FDRs, savings certificates, prize bonds, shares and debentures, unpaid salary, provident fund dues held by an employer, insurance money and money owed under loans. It gives the paying institution legal protection (section 381), which is why banks and the National Savings Directorate insist on it once amounts are significant or heirs disagree. It does not decide title to land, and it is not a substitute for probate where a will must be proved. We act for heirs in uncontested applications, for heirs who object to a certificate being granted to someone else, and in applications to extend or revoke a certificate.

Succession certificate, warish certificate and probate

A warish certificate (ওয়ারিশ সনদ) is an administrative paper issued by a Union Parishad chairman, or by a ward councillor in a city corporation or pourashava, listing the heirs. It is useful evidence, and is usually enough for land mutation, but it is not a court order and many banks will not release large deposits on it alone. A succession certificate is a court order limited to movable debts and securities. Probate or letters of administration are grants of representation over the whole estate, and are needed mainly where a Hindu or Christian will has to be proved. Where probate or letters of administration are required for a debt, section 370 bars a succession certificate for it.

Which court and what the court fee is

The application goes to the District Judge of the district where the deceased ordinarily resided at death, or where the property is if they had no fixed residence (section 371). In practice the District Judge often sends these cases to a Joint District Judge for hearing. The court fee is ad valorem under Schedule I of the Court-fees Act 1870 and is charged on the total value of the debts and securities listed in the certificate: no fee where the total is Tk 20,000 or less, one per cent where it exceeds Tk 20,000 but not Tk 1 lakh, and two per cent of the aggregate above Tk 1 lakh. The fee is paid when the court orders the certificate, not at filing.

Notice, objections and timing

Under section 373 the court fixes a hearing date and serves notice on the heirs named in the petition, and a general notice is published so that anyone with a claim can object. If nobody objects and the papers are in order, many uncontested applications are disposed of within a few months, although court workload varies widely between districts. If an heir disputes the family tree, alleges a later marriage or claims the money was gifted, the court decides who has the better prima facie right, and the case can take a year or longer. An appeal lies to the High Court Division under section 384.

What helps

• Death certificate of the deceased and a warish certificate naming all heirs
• NID or birth registration of every heir, with the relationship to the deceased
• Bank statements, FDR receipts, savings certificate numbers, BO account statements or share certificates
• The institution’s letter asking for a succession certificate, if any
• Nikahnama or marriage evidence, and details of any heir living abroad or who has died since

Where it is handled, and how long it takes

Filed before the District Judge of the district where the deceased ordinarily lived, often heard by a Joint District Judge. Uncontested applications commonly take a few months from filing to certificate; contested ones can run a year or more. Actual timing depends on the court and on how quickly notices are served.