1. Preparation of Application

The process begins with the preparation of an application for a succession certificate in Pakistan. The application must include:

• Details of the Deceased Full name, date of death, and last residence.
• List of Legal Heirs: Names, relationships, and addresses of all heirs.
• Description of Assets A detailed list of the deceased’s movable assets.

2. Filing the Application

The application must be filed either through the Civil Court or District Court of the area where the deceased last resided or through NADRA’s online portal or service centres.

3. Court Notices and Publication

For court applications, the court issues notices to all legal heirs and publishes a notice in a local newspaper. This notice invites any objections to the issuance of the succession certificate in Pakistan. Typically, the notice period is 15 to 30 days.

For NADRA applications, the process involves:

• Online Submission Submit the application online with the required documents.
• Verification NADRA verifies the details using its database and biometric verification.
• Public Notice NADRA issues a public notice for objections, similar to the court process.

4. Hearing and Verification

For court applications:

• Witness Testimonies Statements from witnesses to corroborate the claims.
• Document Verification Examination of submitted documents for authenticity.

For NADRA applications:

• Automated Verification NADRA’s system cross-checks data from various databases.
• Interview If necessary, an interview with the applicants may be conducted.

5. Issuance of Certificate

If no objections are raised and the court or NADRA is satisfied with the application, the succession certificate is issued. This certificate authorises the legal heirs to collect the deceased’s assets.

High Court Judgements

Judgement 1. Muhammad Hussain vs. Additional District Judge, Multan (PLD 2014 Lahore 290)

In this case, the Lahore High Court emphasised the importance of adhering to procedural requirements for succession certificates. The court ruled that the applicant must provide clear evidence of the deceased’s assets and a comprehensive list of all legal heirs. The judgement reinforced the need for transparency and thorough documentation in succession cases.

Key Takeaway The decision highlights the necessity of detailed and accurate applications for succession certificates, ensuring that all relevant information is presented to the court.

Judgement 2. Mst. Zubaida vs. District Judge, Faisalabad (PLD 2017 Lahore 543)

The Lahore High Court, in this case, dealt with objections raised by an estranged family member regarding the issuance of a succession certificate. The court ruled that objections must be substantiated with concrete evidence. The judgement clarified that baseless objections would not hinder the rightful issuance of the certificate to legal heirs.

Key Takeaway The ruling underscores that objections in succession cases must be legitimate and backed by evidence, protecting the rights of the legal heirs.

Relevant Statutes and Legal Provisions

Section 372 of the Succession Act, 1925

This section outlines the contents of the petition for a succession certificate, including the requirement to list all heirs and describe the deceased’s assets.

Section 373 of the Succession Act, 1925

This section details the procedure for granting a succession certificate, including the publication of notices and handling objections.

Section 379 of the Succession Act, 1925

This section deals with the effect of a succession certificate, stating that it empowers the holder to receive interest or dividends on securities and to negotiate the transfer of assets.

Challenges and Considerations

While the process is straightforward, applicants may face several challenges:

• Disputed Claims Conflicts among heirs can delay the process.
• Document Verification Ensuring all documents are authentic and complete is crucial.
• Legal Fees Costs associated with legal representation and court fees can be significant.