Succession certificate

Succession certificate

Succession:

The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person.

The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons.

Succession certificate is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession.

Object of succession certificate:

Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner.

Jurisdiction of Court:

Question of Jurisdiction is essentially linked up with residence of deceased. Question cannot be decided without recording evidence. There are two cases, which determine the Jurisdiction of Court for grant of succession certificate, i. e., residence of deceased or property of deceased.

1.      Residence of deceased: District Judge of the area where deceased was ordinarily resided at the time of death is the area which comes under jurisdiction of District Judge for the purpose of grant of succession certificate.

2.      Property of deceased: If deceased had not fixed residence at the time of death than situation of his property shall determine the jurisdiction of Court.

Who can obtain succession certificate:

Person prima facie having best right to certificate can obtain it. Law does not afford lengthy process of settlement regarding relationship with deceased, which can only be settled by a suit.

Application for certificate: Following is the criteria to put application for the grant of succession certificate:

1.       Office:

Office of the District Judge is the place where application is forwarded for such purpose.

2.       Who may apply:

Any person of sound mind and not a minor can apply for certificate, provided he has interest in the estate of the deceased.

3.       How apply:

Application in term of petition signed and verified by or on behalf of the applicant in the manner prescribed by Civil Procedure Code (CPC) can be filed in Court.

4.       Particulars of application: 

Application must state following facts:

1.      Time of death: Application must state time of death of the deceased person. It may include death certificate issued by competent doctor.

2.      Extent of residence: Application may include the ordinarily residence of the deceased person at the time of death. In case residence was not within local limit of the jurisdiction of the concerned court then situtation of property of the deceased person within those limit shall be considered.

3.      Family information: Names of family members, other relatives, and their respective residences should be stated in application.

4.      Right: Right of the petitioner, which he claims.

5.      Absence of impediment: If there is not any prohibited degrees in the distribution of estate/legacy, it must also include in application.

6.      Receivables: If there are any debts and securities for which certificate is applied, must be stated in an application.

False information:

Petition must contain all the true and correct facts required. Any wrong or false information quoted in application makes criminally liable to the petitioner. It is offence under Pakistan Penal Code (PPC).

Grant of more certificates:

Court may grant more than one certificate in respect of same debt.

Procedure on application:

Where Judge satisfies that there are sufficient grounds to entertain the application, he fixes the date of hearing and issues notice to applicant.

Service of notice:

Notice is served in the following manner:

1.      Special service: Notice is served to the person who is best in the opinion of Judge.

2.      Affixation: This notice is also pasted in the court house according to rules made by High Court in this regard.

Summary proceedings:

Court does not indulge in lengthy process to decide the case. Proceedings are dealt in summary manner on or after date, which is fixed.

Issuance of certificate:

Where applicant proves the best one, court passes orders to issue succession certificate to applicant.

Effects of certificate:

Succession certificate has certain effects such as:

1.      Conclusive proof: Succession certificate is the conclusive proof in respect of debts and securities specified therein against the person liable.

2.      Indemnity: It affords full indemnity to all such persons as regards all payments made or dealing had, in good faith in respect of such liabilities.

3.      Foreign certificate: Where certificate is granted to a resident within a Foreign State by the Pakistan representative, has same effects as granted in Pakistan, if it is stamped according to Court Fees Act.

Revocation of certificate:

Following are circumstances in which certificate so granted may be revoked:

1.      Defective proceedings: Certificate is issued after filing an application containing certain information. Absence of one or more of them may cause revocation of succession certificate.

2.      Fraudulent acquisition: If the certificate is obtained by making any false information or by concealment of any material fact, renders certificate revoke. It is punishable offence under Pakistan Penal Code (PPC).

3.      Untrue allegation: Where certificate is obtained by untrue allegation to the applicant or other person even such allegation was made in ignorance render it revokes.

4.      Uselessness: Where circumstances renders it useless such as death of administrator or completion of Will, it makes certificate revoke.

5.      Effects of debt: Where certificate is issued to give effect of debts and securities and such obligation has been discharged. Certificate stands revoke.

Remedy available against revocation:

Following remedies are available where certificate is revoked:

1.      Appeal: An appeal lie to the High Court from an order of the District Judge granting, refusing, or revoking a certificate.

2.      Finality: Decision made by District Judge under order of High Court becomes final in favour of appellant.