INTRODUCTION

Warisan and Succession Certificate is a very important document to determine the successors or heirs of a deceased person. The issuing authority of the Warisan Certificate is the Ward Councilor’s Office within the City Corporation area, or the Ward Commission’s Office within the Pourashava area, or the Union Parishad Chairman’s Office within the Union Parishad area. Whereas the Succession Certificate can only be granted by the Court as per Section 371 of the Succession Act, 1925. In this article, we are going to discuss how a person can get a Warisan Certificate and Succession Certificate from the appropriate authority in Bangladesh.

WHAT IS A WARISAN CERTIFICATE

It is a certificate which contains the list of successors of a deceased person printed on the letterhead pad of 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. This certificate is evidence of the heirs of the deceased person unless it is cancelled by the proper authority.

WHAT IS A SUCCESSION CERTIFICATE

It is a certificate which confirms the proportion of the share of the property, particularly deposits in the banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount etc. and it has to be granted by the proper court. As per the above-mentioned 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 property of the deceased may be found, may grant a certificate.

WHY A WARISAN CERTIFICATE IS NEEDED

It is required for the partition and distribution of the immovable property among the heirs of the deceased person. In addition to that this document is required for various purposes and government offices, such as in the AC Land and Sub-Registry Office for the completion of mutation and transfer of the land.

WHY A SUCCESSION CERTIFICATE IS NEEDED

It is required, where the deceased person has left some immovable property, such as deposits in the banks (liquid money), shares, cars, certificates and bonds, stocks, insurance amount etc. then upon the application under Section 372 of the Succession Act, 1925   it is issued by the court to establish the ownership of the legal heirs of that deceased person. This certificate is required by the bank and other government offices to transfer the ownership of these immovable properties.

HOW TO GET A WARISAN CERTIFICATE

Process 1- Necessary documents:

• Pictures (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 in the application form

• If the deceased person ordinarily resided at the time of his death within the city corporation area, then the application form can be found in the Ward Councilor’s Office. This form can also be found online for Dhaka North City Corporation by clicking here and for the Dhaka South City Corporation by clicking here.
• If the deceased person ordinarily resided at the time of his death within the Pourashava area, then the application form can be found in the Ward Commission’s Office.
• If the deceased person ordinarily resided at the time of his death within the Union Parishad area, then the application form can be found in the Union Parishad Chairman’s Office.
• It is important to mention here that very recently this Warisan Certificate can also be found through a full-fledged online process by clicking here. This online process is easy and quick to get the Warisan Certificate without any unnecessary hassles. However, this online process is not available to all the city corporations, or Pourashava, or Union Parishad and this information can also be found by clicking the above-mentioned link.

Process 3- Submission of the application

• The completed application form along with the documents mentioned above needs to be submitted to the appropriate authority.

HOW TO GET A SUCCESSION CERTIFICATE: 

Process 1- Necessary documents:

• Pictures (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- Preparation of Application:

• As per Section 372 of the Succession Act, 1925, the applicant will prepare an application, verify and sign the same, and submit it to 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 property of the deceased may be found after paying the appropriate court fees.

Process 3- Court Proceedings:

• The appropriate Court will start the proceedings by giving an opportunity for the preliminary hearing of the application and if the application is admitted.
• After the preliminary hearing, the Judge will fix a date for the final hearing and also send notice of the hearing to the appropriate person whomever the judge thinks appropriate.
• After the final hearing, when the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to the applicant.
• If the Judge cannot 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.

Process 3- Contents of certificate:

When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby 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.

COUNSELS LAW PARTNERS (CLP) 2022

is a full-service law firm which has been dealing with Warisan and Succession issues through its competent and experienced lawyers. Therefore, if you need any assistance or consultation, visit us at our office or feel free to contact us at +8801700920980 (WhatsApp) or via Email-  info@counselslaw.com.