Information required to apply for Succession Certificate

Question: What shall be included in the application?

Answer:

The following shall be provided in the application

1)      the time of the death of the deceased;

2)      the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

3)      the family or other near relatives of the deceased and their respective residences;

4)      the right in which the petitioner claims;

5)      the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

6)      the debts and securities in respect of which the certificate is applied for.

Succession Certificate

Question: How can legal heirs acquire certificate of succession after the death owner of the property in order to transfer the property?

Answer:

When a person dies, Succession Certificate is required in order to transfer property of deceased person to his legal heirs such as bank accounts, insurance amount, stocks, bonds, Shares etc. Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate.

Application for succession certificate can be filed in the court in two ways.

First way it that legal heir can file application in the court with the consent of other legal heirs. During preceding all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other hairs.

Second method to obtain succession certificate is that all legal heirs apply for succession certificate and court issue certificate to all of them according to their share.

Now a very important question arises that in which court this application should be filed. It should be filed in with the District Judge of the area where decreed person was residing. If deceased person’s permanent residence is not clear or he used to live at different places then the application should be filed in court where property of deceased situated.

After filing of application court issues orders to publish the case in newspapers that if there are any other claimants of property of deceased they are notified and shall come and contest the case. If no one appears before court after publication in newspapers then succession certificate is issued to the applicant. If someone appears before court as legal hair of deceased then court decides the matter after evidence.

Share of your legal heirs in your property

Question: What is the share of each primary heir?

Answer:

For example in a small family, if deceased leaves behind a father, mother, a wife and one son and one daughter, then

>Father’s share will be calculated (whose share is fixed as 1/6 in this case)

>Mother’s share will be calculated (whose share is fixed as 1/6 in this case)

>Wife’s share will be calculated (whose share is fixed as 1/8 in this case)

>After giving the above their share, remaining wealth is distributed according to given principle (ratio 2: 1) among son & daughter.

Because the son & daughter are given remaining or residual wealth, they are said to be among the Residual heir.

Please note that the shares may change depending on your size and number of family numbers therefore it is best to contact a lawyer to ascertain your share

Legal Heirs to your Property

Question: Who will inherit your estate after I die?

Answer:

Assets from your estate will be inherited by primary and secondary heirs;

Primary heirs: These are the family members whose shares are exclusively set by Allah in the Holy Quran. They include:

Father

Mother

Wife (Widow)

Husband

Daughter(s) (if there are no sons).

Secondary heirs:

Inherit a share of the estate when they are the heirs in the absence of one or more of the primary heirs. Enlisted in order of preference:

Paternal Grandson(s), Paternal Granddaughter(s)

Full brothers, full sisters

Paternal brothers & sisters, maternal brothers & sisters (half brothers; half sisters)

Paternal grandfather

Full brother’s son

Paternal brother’s son

Paternal uncle (Father’s full brother)

And many others