How obtain Succession Certificate, Purpose, Object/ Case Laws, Difference between inheritance certificate and succession certificate, succession certificate in Pakistan, in India, NADRA issue succession certificate

How Obtain Succession Certificate

It is a certificate that is issued to legal heirs of the deceased for moveable properties of the deceased i.e., car, cash in the bank, etc.

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Purpose:

The basic purpose of seeking a succession certificate by a family member is to withdraw the amounts of money left by the deceased person, recover insurance claims (if any) or any other similar investment in any of the savings either in the bank accounts and/ or financial schemes.

For the purposes of obtaining a succession certificate either all of the legal heirs of the deceased persons, or some of them, or even one one of them could apply to the court of civils' judge. It is pointed out however that for transfer of the title of immoveable properties a succession certificate is of  not much help practically speaking, though it indicate the status of the surviving legal heirs with regards to the movable property; finances etc.

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Object/ Case Laws

Succession Certificate's object is the collection of debts by the person who has the title of succession after the death of the person owning it. Rights of succession certificate to be decided in summary manner 

1985 CLC 2211

57 IC 641

1988 CLC 1467

 2013 CLC 1834

Difference between inheritance certificate and succession certificate:

i. Legal Heir Certificate:

Requires proof of relationship, death certificate, and an application to the local authority.

Succession Certificate: Involves a legal process with the civil court, including a petition, death certificate, details of the heirs, and an advertisement in a local newspaper for objections.

What is succession certificate in Pakistan?

This certificate will identify the legal heirs of the deceased for the distribution of his moveable assets. The digital certificate has various security features and has a real-time verification facility. 

Can NADRA issue succession certificate?

In January 2021, NADRA launched a quick five-step process, which facilitates the applicants to receive Letters of Administration or Succession Certificates, as the case may be, without going to the Courts. This has led to reduction of workload on judiciary by 30%

In India:

AIR 1928 Madras 213: 82 IC 604
In the case of PARAM Ananda Chary vs Veerappan, 
It was held that : The grant of succession certificate is conclusive against the debtor. Even if another person turns out to be the heir of the deceased, it does not follow that the certificate is invalid."

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Section 371 of Indian Succession Act

S. 371 prescribes that District judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or at that time had no fixed place of residence, the District judge within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.

Latest judgment:

Children born of void or voidable marriages can inherit their parent's share in a joint family property under the Mitakshara Law.