The Warisan and Succession Certificate is an important document that is used in the process of identifying the successors or heirs of a person who has passed away.
The Warisan Certificate may be obtained at the Ward Councilor’s Office within the City Corporation area, the Ward Commission’s Office within the Pourashava region, or the Union Parishad Chairman’s Office within the Union Parishad area.
All of these offices are located within the same geographic neighborhood. The Succession Certificate, on the other hand, is something that can only be issued by the Court in accordance with Section 371 of the Succession Act published in 1925. In the following paragraphs, we will go over the steps that need to be taken in order to get a Warisan Certificate and a Succession Certificate from the relevant government in Bangladesh.
The Step-by-Step Guide to Acquiring a Warisan and Legacy Certificate
It is required to establish succession in order to demonstrate that the survivors of a dead property owner have inherited ownership of the property. The process of succession often occurs in two stages:
(A) Obtaining a Succession (Warishan) Certificate from the local government officials, such as the City Corporation, Municipality, or Union Parishad; and (B) Obtaining a Succession Certificate from a Court of Law. Both of these options are available.
An application for a Succession Certificate is often required to be submitted to the court by one of the dead person’s heirs. This situation is handled as a lawsuit, and the resolution is handed out by the court once it has confirmed the legitimacy of the successors.
The turnaround time for procession succession certificates via the court is typically three months or more, depending on the time availability of the court schedule and the regular attendance of the officials of the court. The process of acquiring a warishan certificate from the local government, on the other hand, is far less difficult and takes significantly less time. There is a fee that must be paid to the government in order to establish court succession. There will be fees for service in any scenario.
Including the warisan Service
(a) Provide both assistance and facilitation in the process of acquiring a Warishan Certificate or Succession Certificate from the Court or Municipal Office
(a) Counseling and guidance in relation to activities in the courtroom
Excluded from warisan Service
a) Fees levied by the government; b) Charges for miscellaneous items; c) Any other costs; d) Service requests that fall beyond the authority of the Dhaka City Corporation; e) Charges for collection or making up for papers that are missing or have problems.
The Terms and Conditions of warisan
(a) The service prices that are listed against each of the services that fall under the various categories are the normal minimum rates.
(b) As a result of the incompleteness of the property documents, legal observations on the ownership of the property, a chain of ownership that is faulty or fraudulent, the attachment of government interests to the property ownership, and differences in the nature of the property (such as leasehold versus freehold, etc.), service charges would vary from one instance to the next.
Currently, our services are only available inside the boundaries of Dhaka City, which is the only geographical area that we cover. Over the course of time, our services would be extended beyond the boundaries of Dhaka City, including the surrounding and adjacent regions, in addition to other Divisional Towns.
DESCRIBE WHAT A WARISAN CERTIFICATE IS.
The heirs of a dead person are listed on a certificate that 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 region, or the Union Parishad Chairman’s Office in the Union Parishad area. This certificate is a document that provides the list of heirs. This certificate serves as proof of the heirs of the dead individual, regardless of whether or not it is revoked by the proper body.
What exactly is a certificate of achievement?
A certificate that verifies the percentage of the share of property, notably deposits in banks (liquid money), shares, automobiles, certificates and bonds, stocks, insurance amount, and so on, must be awarded by the competent court. This certificate is a confirmation of the proportion of the share of property. A certificate may be issued by the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if he did not have a 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. This provision is found in Section 371 of the Succession Act 1925.
WHAT IS THE IMPORTANCE OF Having a WARISAN CERTIFICATE?
As a prerequisite for the division and distribution of immovable property among the heirs of the dead, it is necessary to have this document. In addition, this document is necessary for a wide range of purposes and government agencies, such as the AC Land and Sub-Registry Office, in order to finish the mutation and transfer of land responsibilities.
WHY IS IT IMPORTANT TO Possess a Success warisan Certificate?
In the event that the deceased individual has left behind any immovable property, including deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, and so on, it is necessary for the court to issue an application in accordance with Section 372 of the Succession Act, 1925 in order to determine who the legal heirs of the deceased individual are. When it comes to transferring ownership of these immovable assets, the bank and other government institutions want this certificate in order to complete the transaction.
INSTRUCTIONS ON HOW TO GET A WARISAN CERTIFICATE
Procedure 1: Documents that are in need of:
Photos (passport size) of the applicant and heirs, National Identification Documents (NIDs) of the applicant and heirs, the name of the applicant’s parents, the applicant’s present address, the applicant’s permanent address, the NID of the dead person, and the Death Certificate of the deceased person are all required paperwork.
The second process is: Complete the application form thoroughly.
In the event that the dead individual had been a regular resident of the city corporation area at the time of his passing, the application form may be obtained from the Ward Councilor’s Office. The Dhaka North City Corporation and the Dhaka South City Corporation each have their own online versions of this form, which may be accessed by clicking on the respective links.
In the event that the dead individual had been a regular resident of the Pourashava region at the time of his passing, the application form may be obtained from the Ward Commission’s Office.
If the dead individual had been a regular resident of the Union Parishad area at the time of his passing, the application form may be available in the office of the Chairman of the Union Parishad.
Note that this Warisan Certificate may now be obtained via a fully functional online procedure by clicking on the link provided. This is a crucial and noteworthy development. Because it is done online, the procedure of receiving the Warisan Certificate is both straightforward and speedy. The online method, on the other hand, is not accessible to all municipal corporations, Pourashava, or Union Parishad. This information may also be obtained by clicking on the website that was stated before.
Procedure 3: The filing of the application of warisan
In addition to the papers that were indicated before, the application form that has been filled out and filed must be also presented to the relevant body.
DIRECTIONS FOR Obtaining a Success Certificate:
Procedure 1: Documents that are in need of:
Photographs of the applicant and heirs, in the size of a passport, as well as the applicant’s and heirs’ national identification numbers, the national identification number of the dead person, a Warisan Certificate, and a Death Certificate will be required.
Preparation of the Application, which is Number Two:
The applicant is required to prepare an application, verify and sign it, and then submit it to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death. Alternatively, if the deceased did not have a fixed place of residence at the time of his death, the applicant must submit the application to the District Judge within whose jurisdiction any part of the deceased’s property may be found after paying the appropriate court fees. This is in accordance with Section 372 of the Succession Act, 1925.
Procedure No. 3: Proceedings in the Court:
First, the competent court will conduct a preliminary hearing on the application and decide whether or not the application is acceptable. This will be the beginning of the proceedings.
When the preliminary hearing is over, the judge will decide when the final hearing will take place and will provide notice of the hearing to whomever the court considers to be the most suitable recipient.
The judge is required to make an order awarding the warisan certificate to the applicant after the final hearing has concluded and the judge has determined that the applicant is entitled to the certificate.
Even if the judge is unable to decide who has the right to the certificate without first deciding questions of law or fact that appear to be too complex and difficult to resolve in a summary proceeding, he may still grant the certificate to the applicant if it appears that he is the person who has the best prima facie title to it.