What is a Succession Certificate?
A succession certificate is a court-issued document under Sections 370โ390 of the Succession Act 1925 that authorises legal heirs to access and manage the assets of a deceased person. It is required by banks to release funds, by land registrars to transfer property, and by government agencies to process claims on the deceased's assets.
Without a succession certificate, even if you are the rightful heir, banks and institutions in Pakistan will refuse to hand over assets. This creates a significant problem for overseas Pakistanis whose parents or relatives pass away leaving property, bank accounts, or investments in Pakistan.
Who Needs a Succession Certificate?
You need a succession certificate if you want to:
- Withdraw money from a deceased relative's bank account in Pakistan
- Transfer property registered in the deceased's name
- Claim pension or government benefits owed to the deceased
- Access investments, shares, or provident fund balances
- Settle debts owed to or by the deceased
A related but different document is the Legal Heir Certificate, which identifies who the legal heirs are and their shares under Islamic inheritance law (Faraid). Both documents may be needed depending on your situation.
The Court Process โ Step by Step
The succession certificate process involves filing a petition in the civil court with jurisdiction over the area where the deceased's assets are located:
- Heir identification โ we identify all legal heirs according to Islamic inheritance law and compile the family tree
- Petition drafting โ we draft the succession certificate petition citing the Succession Act 1925
- Court filing โ we file the petition in the relevant civil court with all supporting documents
- Public notice โ the court publishes notice in a newspaper inviting objections (usually 30 days)
- Hearing โ the court hears the petition, reviews evidence, and checks for objections
- Certificate issuance โ if satisfied, the court issues the succession certificate
The entire process typically takes 2โ4 months depending on court schedules and whether any objections are raised.
Documents Required
- Death certificate of the deceased
- CNIC/NICOP copies of all legal heirs
- Proof of relationship to the deceased (birth certificates, marriage certificates, family tree)
- Details of the deceased's assets (bank accounts, property documents, investments)
- Power of Attorney authorising your lawyer to act on your behalf
- Affidavit declaring the heirs and their shares
Can Overseas Pakistanis Get a Succession Certificate Without Visiting Pakistan?
Yes. The entire court process can be managed through a Power of Attorney. Our lawyers attend all hearings, file all documents, and handle all court proceedings on your behalf. You do not need to appear in person at any stage.
We handle succession certificate cases across all Pakistani courts โ from the major city courts in Lahore, Karachi, and Islamabad to district courts in smaller cities and the separate AJK courts in Mirpur.
Islamic Inheritance Shares โ Faraid
The Quran prescribes specific inheritance shares (Faraid) for different categories of heirs. The court will apply these shares when issuing the succession certificate. Key principles include:
- Sons receive twice the share of daughters
- Daughters have guaranteed inheritance rights โ denying daughters their share is both illegal and un-Islamic
- Widow/widower receives a fixed share (1/8 if there are children, 1/4 if no children)
- Parents receive fixed shares in certain circumstances
- The remaining estate is distributed according to the Quranic hierarchy
Common Problems and How We Solve Them
Multiple heirs in different countries: Very common for diaspora families. We coordinate all heirs' Power of Attorney documents and ensure all are properly represented.
Disputed inheritance: If one heir objects or claims a larger share, the matter becomes a contested case. We handle contested succession matters through the court system.
Missing death certificate: If the death was not properly registered, we first obtain the death certificate from the Union Council and NADRA before proceeding with the succession petition.
Contact us via WhatsApp to discuss your succession certificate needs.