INTRODUCTION
When a person dies, the property which he had left is transferred, to others either according to his will or according to the law of succession The succession certificate is a formal document that attests to the qualification of a person as entitled to collect some debt or securities by an entitled person. Any person who has attained the age of majority and has a beneficial interest can apply for a Succession certificate.
RELEVANT PROVISIONS
Section 370 to 382 Succession Act 1925 deals with the succession certificate.
LITERAL MEANING
The term succession certificate means that the instrument through which succession is made or a document by execution of which the succession is made or done is called succession certificate.
DEFINITION OF SUCCESSION CERTIFICATE
A succession certificate is a document certifying the entitlement of a particular person or persons to the succession of a deceased person.
CERTIFICATE WHEN ESSENTIAL
The succession certificate under the Act can only be granted under the following conditions.
WHEN GRANT OF PROBATE NOT IS NOT MADE COMPULSORY:
The succession certificate is required when the grant of probate or letters of administration is not made compulsory under sections 212 and 213.
DECEASED MUST BE A PAKISTANI CITIZEN:
The succession certificate is required when the deceased is a Pakistani Citizen.
DECEASED MUST BE A MOHAMMEDAN:
The succession certificate is required in the case when a Mohammedan dies.
HINDU DECEASED LEFT WILL:
The succession certificate is required in the case when the deceased is Hindu and he has left a will and probate of such will.
JOINT FAMILY PROPERTY:
The succession certificate is required in the case of a joint family property according to Hindu Law.
OBJECT OF SUCCESSION CERTIFICATE
The object of the succession certificate is the collection of debts of the deceased.
JURISDICTION OF COURT
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
GRANT OF CERTIFICATE ON BEHALF OF MINORS
If a succession certificate has to be granted to a minor then instead of granting him directly it is granted to his guardian
APPLICATION FOR SUCCESSION CERTIFICATE
Application for the succession certificate shall be made to the District Judge by the petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure 1908 for the signing and verification of a plaintiff by or on behalf of a plaintiff and setting forth the following particulars namely,
(a) Time of death of deceased
(b) Ordinary residence of deceased
(c) The property of the deceased within whose limit
(d) Name of family members or near relatives of the deceased.
(e) The night in which the petitioner claims.
(f) The securities and debt in respect of which the certificate is applied for
IN CASE MORE THAN ONE CLAIMANT
In cases where more than one person applies for a certificate, a joint certificate may be granted.
WHO CAN APPLY FOR A SUCCESSION CERTIFICATE
The following persons can apply for the succession certificate:
1. SOUND MIND PERSON:
Any sound-minded person can apply for the succession certificate.
2. MUST BE A MAJOR:
Any person who has attained the age of majority can apply for the succession certificate.
3. INTEREST IN THE ESTATE:
Any person who has an interest in the estate of a deceased person can apply for the succession certificate
4. SECRETARY OF STATE:
The secretary of state can apply for the succession certificate.
5. BENEFICIAL INTEREST IN THE DEBT OR SECURITY:
Any person who has a beneficial interest in the debt or security of the deceased person.
PROCEDURE ON APPLICATION
Section 373 of the Succession Act, of 1925 prescribes the procedure to be followed on the filing of the petition It differs from the procedure laid down for the grant of the probate.
The procedure for the application for the grant of the succession certificate is as follows
1. SATISFACTION OF DISTRICT JUDGE:
For the grant of the succession certificate, it is necessary that the District Judge is satisfied that there is ground for entertaining the application.
2. HEARING OF APPLICATION:
When the District Judge is satisfied that there is ground for entertaining the application he shall fix a day for the hearing thereof.
3. NOTICE OF THE APPLICATION AND HEARING:
After fixing the day, he shall cause notice of the application and the day fixed for the hearing.
4. PERSON ON WHOM THE NOTICE TO BE SERVED:
After fixing the day he shall cause notice of the application and of the day fixed for the hearing to be served on any person to whom, in the opinion of a judge, special notice of the application should be given.
5. POSTING OF NOTICE
After fixing the day he shall cause notice of the application and of the day fixed for the hearing to be posted on some conspicuous part of the courthouse in such manner, if any, as the judge subject to any rules made by the High Court in this behalf thinks fit.
6. PUBLICATION OF NOTICE:
The District Judge shall also cause to be published notice in such other manner, if any, as the judge is subject to any rules made by the High Court on this behalf, thinks fit.
7. DECISION IN SUMMARY MANNER:
Upon the day fixed or as soon thereafter as may be practicable shall proceed to decide in a summary manner the right to the certificate.
8. ORDER FOR THE GRANT OF CERTIFICATE:
When the Judge decides the right thereto belongs to the applicant, the judge shall make an order for the grant of the certificate.
9. GRANT OF CERTIFICATE TO THE PERSON BEST ENTITLED:
If the Judge can not decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.
10. MORE THAN ONE APPLICANT FOR THE CERTIFICATE:
When there are more applicants than one for a certificate, and it appears to the judge that more than one of such applicants is interested in the estate of the deceased the judge may, in deciding to whom the certificate is to be granted, have regard to the extent to interest and the fitness in other respects of the applicants.
CONTENTS OF THE SUCCESSION CERTIFICATE
When a succession certificate has been granted the court must specify there in the debts and securities which have been incorporated in an application for the grant of such certificate. The court may empower the person to whom the certificate is granted.
- To receive interest or dividends on
- To negotiate or transfer
- Both to receive interest or dividends on and to negotiate or transfer the securities or any of them.
LIMITATION FOR APPLICATION
For the application of the succession certificate, no period of limitation has been prescribed by the Succession Act.
EFFECT OF SUCCESSION CERTIFICATE
The certificate of the District Judge, shall, concerning the debts and securities specified therein, be conclusive as against the person owing such debts or liable for such securities.
RESTRICTION ON GRANT OF CERTIFICATES UNDER THIS PART
A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part concerning any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate.
Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Pakistan Christian or any part, thereof, concerning any debt or security, the reason that a right thereto can be established by letters of administration under this Act.
CONCLUSION
It is concluded that the instrument through which the disposition of moveable property of the deceased is called the succession certificate. It is granted by the Competent court of the jurisdiction. Its object is to facilitate the collection of debts and securities. Any person who has a beneficial interest can apply for the succession certificate.
FAQs
What are the restrictions on the grant of a Succession Certificate? Explain the procedure for the grant of a succession certificate and how it is revoked.
(2019-S)
Explain the procedure for the acquisition of a Certificate of Succession.
(2018-S)
Explain the restrictions on the grant of a Succession Certificate and describe how it can be revoked.
(2018-A)
What is a “Succession Certificate”? How it is acquired? Explain.
(2017-S, 2014-S, 2011-A, 2010-A)
What are the restrictions on the grant of a succession certificate?
(2016-S)
Explain is “Succession Certificate”. When it can be revoked? Is there any right of appeal against such revocation?
(2014-A)
Write a detailed procedure for obtaining a succession certificate. *
(2013-S, 2012-S)
