How to Obtain a Warisan and Succession Certificate
A Warisan and Succession Certificate is a vital document used to determine the successors or heirs of a deceased person. The Warisan Certificate is issued by the Ward Councilor’s Office within the City Corporation area, the Ward Commission’s Office within the Pourashava area, or the Union Parishad Chairman’s Office within the Union Parishad area. The Succession Certificate, on the other hand, can only be granted by the Court under Section 371 of the Succession Act of 1925. In this article, we will discuss how to obtain a Warisan Certificate and a Succession Certificate from the appropriate authority in Bangladesh.
How to Obtain a Warisan and Succession Certificate
Succession is necessary to prove the inheritance of property ownership by the survivors of a deceased property owner. Usually succession is done in two stages:
(A) Obtaining a Succession (Warishan) Certificate from the local government authorities, such as the City Corporation, Municipality, or Union Parishad, and (B) Obtaining a Succession Certificate from a Court of Law. Typically, one of the deceased’s heirs must apply to the Court for a Succession Certificate. This is treated as a lawsuit and is resolved by the Court verifying the authenticity of the successors. The turnaround time for procession succession certificates through court is usually three months or more, depending on the time availability of the court schedule and the court officials’ regular presence. On the other hand, obtaining a warishan certificate from the local government is a lot easier and takes less time. In order to obtain Court Succession, the government charges a fee. In both cases, service charges apply.
(a) Assist and facilitate in obtaining Succession Certificate or Warishan Certificate from the Court or Municipal Office
(b) Counseling and guidance re: Court proceedings
(a) Govt Fees
(b) Misc Charges
(c ) Any additional Cost
(d) Service requests outside Dhaka City Corporation jurisdiction
(e ) Collection or making up charges for shortage of or issues with documents
Terms & Condition
(a) The service charges quoted against each of the services under different categories are standard minimum charges.
(b) Service charges would vary on a case to case basis, based on incompleteness of the property documents, legal observations on the property ownership, faulty or fraudulent chain of ownership, attachment of govt interests on the property ownership, difference in the nature of property; i.e. Leasehold vs. Freehold etc. etc.
(c ) As of now, our services are extended throughout the geographical limits of Dhaka City only. Gradually our services would be expanded beyond Dhaka City in the surrounding and adjoin areas as well as other Divisional Towns
WHAT IS A WARISAN CERTIFICATE?
It is a certificate that contains the list of heirs of a deceased person and is printed on the letterhead pad of the Ward Councilor’s Office in the City Corporation area, the Ward Commission’s Office in the Pourashava area, or the Union Parishad Chairman’s Office in the Union Parishad area. Unless cancelled by the appropriate authority, this certificate is evidence of the deceased person’s heirs.
WHAT IS A SUCCESSION CERTIFICATE?
It is a certificate that confirms the proportion of the share of property, particularly deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, and so on, and it must be granted by the appropriate court. According to Section 371 of the Succession Act 1925, the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge within whose jurisdiction any part of the deceased’s property may be found, may grant a certificate.
WHY IS A WARISAN CERTIFICATE NECESSARY?
It is required for the partition and distribution of immovable property among the deceased person’s heirs. Furthermore, this document is required for a variety of purposes and government offices, such as the AC Land and Sub-Registry Office for the completion of mutation and transfer of land.
WHY IS A SUCCESS CERTIFICATE NECESSARY?
It is required, where the deceased person has left some immovable property, such as deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, etc., that an application under Section 372 of the Succession Act, 1925 is issued by the court to establish the ownership of that deceased person’s legal heirs. This certificate is required by the bank and other government offices in order to transfer ownership of these immovable properties.
HOW TO OBTAIN A WARISAN CERTIFICATE
Process 1: Documents required:
Photos (passport size) of the applicant and heirs, NIDs of the applicant and heirs, Applicant’s parent’s name, Applicant’s current address, Applicant’s permanent address, NID of the deceased person, and Death Certificate of the deceased person.
Process 2: Fill out the application form
If the deceased person ordinarily resided within the city corporation area at the time of his death, the application form is available in the Ward Councilor’s Office. This form is also available online for Dhaka North City Corporation by clicking here and Dhaka South City Corporation by clicking here.
If the deceased person ordinarily resided in the Pourashava area at the time of his death, the application form is available at the Ward Commission’s Office.
If the deceased person ordinarily resided in the Union Parishad area at the time of his death, the application form can be found in the Union Parishad Chairman’s Office.
It is important to note that this Warisan Certificate is now available through a full-fledged online process by clicking here. This online process makes obtaining the Warisan Certificate simple and quick. However, this online process is not available to all city corporations, Pourashava, or Union Parishad, and this information can also be found by clicking the above-mentioned link.
Process 3: Application submission
The completed application form, along with the above-mentioned documents, must be submitted to the appropriate authority.
HOW TO GET A SUCCESS CERTIFICATE:
Process 1: Documents required:
Photographs (passport size) of the applicant and heirs, NIDs of the applicant and heirs, NID of the deceased person, Warisan Certificate, and Death Certificate of the deceased person.
Process #2: Application Preparation:
According to Section 372 of the Succession Act, 1925, the applicant will prepare an application, verify and sign it, and submit it to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if he had no fixed place of residence at the time of his death, the District Judge within whose jurisdiction any part of the deceased’s property may be found after paying the appropriate court fees.
Process 3: Court Proceedings:
The appropriate Court will begin the proceedings by holding a preliminary hearing on the application and deciding whether or not the application is admissible.
Following the preliminary hearing, the judge will set a date for the final hearing and send notice of the hearing to whomever the judge deems appropriate.
After the final hearing, when the Judge determines that the applicant has the right to the certificate, the Judge shall issue an order granting the certificate to the applicant.
If the Judge cannot decide the right to the certificate without deciding questions of law or fact that appear to be too intricate and difficult to resolve in a summary proceeding, he may still grant the certificate to the applicant if he appears to be the person with the best prima facie title to it.
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Process 4- Certificate Contents:
When the District Judge grants a certificate, he must specify the debts and securities specified in the application for the certificate and may thus empower the person to whom the certificate is granted-
(a) to receive interest or dividends on, or
(b) to negotiate or transfer, or
(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.
A succession certificate is a document that gives authority to the successor of a deceased person, to represent the deceased for the purpose of collecting debts and securities due to him or payable in his name. Succession Certificate is granted by a Civil Court to the legal heirs of a deceased person who dies without leaving a will under the Succession Act 1925. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts.
How to Obtain Succession Certificate:
- Death Certificate & NID of the Deceased
- Warisan Sanad of the Heirs
- Statements of Debts and Securities (e.g. Bank Statement)
- NID of the Applicants (Heirs of the Deceased)
- Death Certificate: Death Certificate have to collected from the concern City Corporation/Municipality/Union Parishad as per Birth and Death Registration Act, 2004.
- Warisan Sanad: It contains the list of the heirs of the deceased. It have to collect from the concern City Corporation / Municipality/Union Parishad.
Contact the best law firm for Warisan and Succession certificate collection in Bangladesh:
Tahmidur Rahman Remura is a full-service law firm in Dhaka which has been dealing with Warisan and Succession issues through its competent and experienced lawyers. Therefore, if you need any assistance or consultation, visit their chamber at Mohakhali DOHS.