In order to become the owner of an inherited property legally, heirs must obtain a succession certificate as proof of their inheritance.
Not only does it important for establishing your legal rights over the property, it is also important if you want to divide and distribute the property among its rightful heirs.
But why is it important to have it in your possession? And how can you obtain it? In this article, we will discuss everything that you need to know about a succession certificate.
What is a succession certificate
A succession certificate is a certificate that proves the authenticity of the inheritor of the deceased’s bank deposit, company shares, debentures, royalties, and most of all, their property.
A succession certificate is usually required to prove one’s legality as the inheritor.
Sections 360-369 of the Succession Act 1925 deal with the succession certificate. This Act does not specify a time limit for applying for a Certificate of Success.
How to collect
You have to apply to the court to collect the Succession Certificate. However, if there is a minor among the heirs, their legal guardian is determined upon applying to the relevant district judge.
The application must include full details of the deceased’s time of death, residence, all valid inheritance, debts, and property for which the certificate has been sought.
Documents that you will need
In order to get the succession certificate, you have to collect Warisan Certificate from the chairman or from the commissioner.
Then collect the death certificate of the deceased from the City Corporation, Commissioner, Municipality or Chairman’s Office.
In this case, a certificate will also be required to the effect that the deceased has been buried in the cemetery.
If the deceased died at a hospital or clinic, collect the certificate from there as well.
In addition, a certificate or balance confirmation letter has to be collected from the concerned bank for the amount of money the deceased left in any bank.
Collect all these documents and seek the help of a legal expert or lawyer and provide him with all the documents.
It is also advisable to provide a photocopy of everyone’s ID Card / Birth certificate including the heirs, applicants, and the deceased person.
Because the lawyer will need to submit all these documents to the court along with the application.
Who can Claim
Anyone amongst the heirs can appeal to the court for inheritance right through a lawyer. A succession case is exempted by the District Judge Court or someone nominated by the District Judge Court.
The Third Joint District Judge Court in Dhaka has been given jurisdiction to dispose of matters relating to the succession certificates. Therefore, if the property is within Dhaka, a case relating to the succession certificate has to be filed in the Third Joint District Judge Court.
An affidavit must be attached with the application, stating:
- Relation with the deceased person
- Confirmation that the deceased’s money was not donated or bequeathed to anyone
- Confirmation that no probate or letter of administration has been filed for the will
- He was given the power to withdraw money by other heirs.
A detailed statement of the deceased person’s money should also be presented.
After applying to the court, the court will take the statement of the applicant at the appointed time and verify the veracity of all the information. At this point, the court issues a notice to the deceased’s relatives to find out if anyone has any claim/objection. If anyone has any objection, that objection has to be submitted at this time. If there is no objection, the court issues a certificate of success on behalf of the applicant.
How much will you need to spend
If the court grants the application for the succession certificate after filing the case in the court, the court fee has to be paid. The court fee is determined on the basis of the money the applicant is applying to withdraw from the bank. If the amount claimed is up to Tk 20,000, no court fee has to be paid. But from Tk 20,000 to Tk1,00,000, one percent court fee has to be paid. On the other hand, a 2% court fee has to be paid on any amount more than Tk 1,00,001. Once the court fee is paid, the certificate is issued by the court within the stipulated time.
However, Bproperty Legal Service can help you in collecting the Succession Certificates easily and without any hassle. Not only do you get the documentation service with Bproperty Legal Service, but also any legal support related to the property in the middle of Dhaka.