Warisan and Succession Certificate in Bangladesh
Introduction to Warisan and Succession Certificates
A Warisan and Succession Certificate is a vital document used to identify the heirs or successors of a deceased person. The Warisan Certificate is issued by 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.
The Succession Certificate, on the other hand, can only be awarded by the Court under Section 371 of the Succession Act, 1925. In this essay, we will look at how to obtain a Warisan Certificate and a Succession Certificate from the right authorities in Bangladesh.
How do I obtain a Warisan and Succession Certificate?
WHAT EXACTLY IS A WARISAN CERTIFICATE?
It is a certificate that contains a list of a deceased person’s heirs 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 Unless rescinded by the authorized authority, this certificate is evidence of the deceased person’s heirs.
WHAT EXACTLY IS A SUCCESSION CERTIFICATE?
It is a certificate that confirms the proportion of the share of property, specifically deposits in banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount, and so on, and it must be awarded 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 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, may grant a certificate.
WHY IS A WARISAN CERTIFICATE REQUIRED?
It is essential for the division and distribution of immovable property among the deceased person’s heirs. Furthermore, this document is necessary for a variety of reasons and government institutions, such as the AC Land and Sub-Registry Office for the completion of land mutation and transfer.
WHY A SUCCESSION CERTIFICATE IS NEEDED
It is necessary, 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., for the court to issue an order under Section 372 of the Succession Act, 1925 to establish the ownership of the deceased person’s legal heirs. The bank and other government entities require this certificate in order to transfer ownership of certain immovable properties.
WHERE CAN I GET A WARISAN CERTIFICATE?
Step 1: Necessary documents:
- Photos of the applicant and heirs (passport size),
- 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.
Step 2: Complete the application form.
- If the deceased individual customarily resided inside the city corporation area at the time of his death, the application form can be found in the Ward Councilor’s Office. This form is also available online for Dhaka North City Corporation (click here) and Dhaka South City Corporation (click here).
- If the deceased individual customarily resided in the Pourashava region at the time of his death, the application form can be located in the Ward Commission’s Office.
- If the deceased individual habitually resided within the Union Parishad territory at the time of his death, the application form can be located in the Union Parishad Chairman’s Office.
- It is worth noting that this Warisan Certificate is now available through a full-fledged online approach by clicking here. The online method for obtaining the Warisan Certificate is simple and quick, with no additional complications. This online process, however, is not available to all city corporations, Pourashava, or Union Parishad, and this information can also be discovered by hitting the aforementioned URL.
Step 3: Application Submission
The completed application form, along with the required documentation, must be submitted to the proper authority.
HOW TO GET A SUCCESSION CERTIFICATE in Bangladesh:
Step 1: Documents required
- Photographs (passport size) of the applicant and heirs,
- NIDs of the applicant and heirs,
- Warisan Certificate, and
- Death Certificate of the deceased individual.
Step 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 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 whose jurisdiction any part of the deceased’s property may be found after paying the appropriate court fees.
Step 3: Proceedings:
- The competent Court will begin the proceedings by holding a preliminary hearing on the application and determining 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 suitable.
- After the final hearing, if 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 a certificate to the applicant if he appears to be the person with the best prima facie title to it.
Step 4: Certificate Contents:
When the District Judge provides a certificate, he must define the obligations and securities specified in the certificate application and may so empower the person to whom the certificate is granted-
(a) to earn interest or dividends on
(b) to bargain or transfer, or
(c) to receive interest or dividends on the securities or any of them, as well as to negotiate or transfer them.
Hire the best Barrister in Bangladesh to get your Warisan and Succession Certificate in Bangladesh:
Tahmidur Rahman Remura Wahid TRW a full-service law practice with qualified and experienced lawyers and barristers in Bangladesh who have dealt with Warisan and Succession concerns. If you require any assistance or consultation, please visit our office or contact us at +8801700920980 (WhatsApp) or info@counselslaw.com.
