How to obtain a Succession Certificate
When a person dies leaving behind movable assets such as bank deposits, savings certificates, pension benefits, insurance claims, company shares, or bonds, the legal heirs often face difficulties in claiming those assets. In Bangladesh, a Succession Certificate is the primary legal document that authorises the lawful heirs to collect such movable assets.
This comprehensive guide explains what a Succession Certificate is, when it is required, how to obtain one in Bangladesh, the application process, required documents, court fees, and the expected processing time.
Table of Contents
What is a Succession Certificate?
A Succession Certificate is a certificate issued by a competent Civil Court under Section 372 of the Succession Act, 1925. It legally determines the persons entitled to inherit the movable assets of a deceased person and specifies the proportion of each heir’s entitlement under the applicable personal law.
The certificate authorises the legal heirs to collect debts and securities belonging to the deceased and provides legal protection to institutions releasing those assets.
When and Why is a Succession Certificate Required?
A Succession Certificate is generally required when a deceased person leaves behind movable assets, including:
- Bank accounts
- Fixed Deposit Receipts (FDR)
- Deposit Pension Schemes (DPS)
- Pension benefits
- Savings certificates
- Company shares
- Bonds
- Insurance proceeds
- Provident fund or gratuity
- Other receivable debts and securities
Banks, financial institutions, insurance companies, government authorities, and other organizations frequently require a Succession Certificate before releasing these assets to the heirs. In many cases, obtaining the certificate is also a statutory legal requirement.
The certificate ensures that the assets are distributed among the lawful heirs according to the applicable inheritance law and protects the institution making payment from future legal disputes.
Why Isn’t a Legal Heir Certificate (ওয়ারিস সনদ) Sufficient?
Many people mistakenly believe that a Legal Heir Certificate (Warish Certificate- ওয়ারিস সনদ) is enough to claim a deceased person’s movable property. However, the two documents serve entirely different purposes.
A Warish Certificate is issued by local government authorities such as; City Corporations, Municipalities or Union Parishads. These authorities merely certify the names of the legal heirs based on available information. They do not have the authority or expertise to determine the legal shares of each heir. Questions relating to wills (testamentary dispositions), Gifts made during the deceased’s lifetime, Outstanding liabilities and debts, or Complex issues arising under personal inheritance laws.
Determining inheritance shares is a judicial function that only a competent court can perform.
Furthermore, Section 214 of the Succession Act, 1925 provides that where a deceased person has outstanding debts or money recoverable from another person or institution, the court shall not pass or execute a decree for recovery merely because someone claims to be an heir. The claimant must first produce a legally recognised representative title, such as a Succession Certificate.
Additionally, Section 381 of the Succession Act, 1925 grants legal indemnity to any person or institution that makes payment to the holder of a valid Succession Certificate. This is why banks and financial institutions almost always insist upon a Succession Certificate before releasing the deceased’s funds.
How to Apply for a Succession Certificate
The procedure is governed by Sections 371–390 of the Succession Act, 1925, with applications primarily filed under Section 372. The application is filed as a Miscellaneous Case (Misc. Case), commonly known in Bangladesh as an Act XXXIX Case.
Step 1: Determine the Appropriate Court
The application should be filed before the competent Civil Court having jurisdiction over either:
- the place where the deceased ordinarily resided at the time of death; or
- the location where the movable assets are situated.
Step 2: File the Application
Any one or more legal heirs may file the application.
The application may be filed in several ways:
- All heirs jointly as applicants;
- One heir authorised by all other heirs through proper authority;
- One or more heirs as applicants, making dissenting or non-consenting heirs respondents.
Where all heirs authorise one person, the authorised applicant files the petition on affidavit before the court.
Step 3: Court Proceedings
Where There Is No Dispute (Uncontested Matter)
If all heirs consent to the application:
- The court issues notices to all applicants.
- The applicants appear before the court.
- The court verifies: the death of the deceased, the relationship of the heirs and
- other relevant facts.
- Upon satisfaction, the court passes an order granting the Succession Certificate on the next scheduled date.
Where There Is a Dispute (Contested Matter)
If any heir disputes the application or has not joined the proceedings, the matter becomes a contested proceeding.
The procedure generally includes:
- Service of Summons: The court issues summons upon the respondent heirs.
- Written Objection: The respondents may file written objections within approximately one and a half months after receiving summons.
- Hearing on Objections: If objections are filed, the court fixes the matter for hearing.
- Recording of Evidence: The court records evidence from the applicant, other heirs, and relevant witnesses. Supporting documents are examined and verified.
After considering the evidence and applicable law, the court decides whether the applicant is legally entitled to receive the Succession Certificate.
Because inheritance disputes often involve complex questions of personal law, wills, gifts, debts, and succession rights, professional legal representation is strongly recommended.
Documents Required for a Succession Certificate
The following documents are generally required:
- Death Certificate: Digital Death Certificate issued by the relevant City Corporation, Municipality, or Union Parishad.
- Legal Heir (Warish) Certificate: Issued by the local authority (although not mandatory in every case).
- Identity Documents: National ID (NID), Birth Registration Certificate, or Passport of all legal heirs.
- Proof of Assets
- Bank statements;
- FDR or DPS documents;
- Savings Certificates;
- Share Certificates;
- Bond Certificates;
- Balance Certificate issued by the bank;
- Nomination details (if available).
- Nominee Information (If Any)
Although nomination documents may exist, a Succession Certificate determines the lawful entitlement of all legal heirs under the applicable inheritance law.
Court Fees for a Succession Certificate
The court fee is payable under the Court Fees Act, 1870 (Schedule I, Entry 11).
The applicable rates are:
| Value of Estate | Court Fee |
|---|---|
| Up to BDT 20,000 | No Court Fee |
| Above BDT 20,000 up to BDT 100,000 | 1% of the total amount |
| Above BDT 100,000 | 2% of the total amount |
The fee is calculated on:
- the amount standing in the deceased’s bank account (including accrued interest);
- debts recoverable by the deceased; or
- the current market value of shares or securities.
The court fee becomes payable only after the court passes an order granting the Succession Certificate, and is deposited through the Government Treasury Challan.
Lawyer’s Fees and Other Expenses
Apart from the statutory court fee, applicants should also consider:
- Advocate’s professional fees;
- Drafting expenses;
- Court filing expenses;
- Affidavit and notarial charges;
- Miscellaneous procedural costs.
These expenses vary depending on the complexity of the case, the location of the court, and the experience of the engaged lawyer.
How Long Does It Take to Obtain a Succession Certificate?
- Uncontested Cases: Where all heirs agree and no objections are raised, the process generally takes 2 to 4 months.
- Contested Cases: If inheritance disputes arise among the heirs, the proceeding may take 6 months to 1 year or even longer, depending on the complexity of the litigation and the court’s schedule.
Conclusion
A Succession Certificate is one of the most important legal documents for claiming a deceased person’s movable assets in Bangladesh. While a Legal Heir (Warish) Certificate merely identifies the heirs, it does not determine their respective legal shares or provide legal protection to banks and financial institutions releasing the deceased’s assets.
Whether the deceased has left bank deposits, pension benefits, insurance proceeds, company shares, savings certificates, bonds, or other movable assets, obtaining a Succession Certificate is often essential for the lawful transfer of those assets.
Proper legal advice, accurate documentation, and compliance with the provisions of the Succession Act, 1925 can significantly streamline the process and help avoid unnecessary delays or disputes.
If you require assistance with filing a Succession Certificate application, conducting a Miscellaneous Case (Act XXXIX Case), or resolving any inheritance-related legal issue in Bangladesh, consulting an experienced succession lawyer is highly recommended.
Md. Rayhanul Islam
Advocate, Supreme Court of Bangladesh
Cell: +880 1711 386146
Email: adv.rayhanulislam@gmail.com
