Warisan and Succession Certificate in Bangladesh

Warisan and Succession Certificate in Bangladesh
11.23.2022
@[email protected]50Iiwic2V0dGluZ3MiOnsiYmVmb3JlIjoiQ29tbWVudHMgKCIsImTahmidur Rahman [email protected]

Warisan and Succession Certificate in Bangladesh

Warisan and Succession Certificate in Bangladesh 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 area, or the Union Parishad Chairman’s Office in the Union Parishad area.

The Succession Certificate, on the other hand, can only be granted by the Court under Section 371 of the Succession Act, 1925. In this article, we will look at how to obtain a Warisan Certificate and a Succession Certificate from the appropriate authorities in Bangladesh.

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WHO CAN MAKE A CLAIM?

Anyone among the heirs can file an inheritance right appeal with the court using a lawyer. The District Judge Court or someone nominated by the District Judge Court exempts a succession case.

The Third Joint District Judge Court in Dhaka has been given jurisdiction over succession certificate matters. As a result, if the property is located within Dhaka, a succession certificate case must be filed in the Third Joint District Judge Court.

The application must be accompanied by an affidavit stating:

Relationship with the deceased:

Confirmation that the deceased’s money was not donated or bequeathed to anyone; confirmation that no probate or letter of administration was filed for the will; and confirmation that he was given the authority to withdraw money by other heirs.
A detailed accounting of the deceased person’s assets should also be provided.

After filing an application with the court, the court will take the applicant’s statement at the appointed time and verify the veracity of all the information. At this point, the court sends a notice to the deceased’s relatives to see if they have any claims or objections. If anyone has an objection, it must be submitted at this time. If no objections are raised, the court issues a certificate of success on the applicant’s behalf.

HOW MUCH MONEY DO YOU NEED TO SPEND?

The court fee must be paid if the court grants the application for the succession certificate after the case is filed. The court fee is calculated based on the amount of money the applicant wishes to withdraw from the bank.

There is no court fee if the amount claimed is less than Tk 20,000. However, from Tk 20,000 to Tk 1,00,000, a 1% court fee is required. A 2% court fee, on the other hand, must be paid on any amount greater than Tk 1,00,001. The certificate is issued by the court within the time frame specified after the court fee is paid.

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WHAT EXACTLY IS A WARISAN CERTIFICATE?


It is a certificate that contains the list of heirs of a deceased person and 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 area, or the Union Parishad Chairman’s Office in the Union Parishad area. Unless cancelled by the proper 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 granted 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 required for the division and distribution of immovable property among the deceased person’s heirs. Furthermore, this document is required for a variety of purposes and government offices, such as the AC Land and Sub-Registry Office for the completion of land mutation and transfer.


WHY IS A SUCCESS CERTIFICATE REQUIRED?

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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 offices require this certificate in order to transfer ownership of these immovable properties.


WHERE CAN I GET A WARISAN CERTIFICATE?


Step 1- Required documents:

Photographs (passport size) of the applicant and heirs, NIDs of the applicant and heirs, Applicant’s parents’ names, 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 person ordinarily resided within 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 person ordinarily resided in the Pourashava area at the time of his death, the application form can be found in the Ward Commission’s Office.


If the deceased person ordinarily resided within the Union Parishad area at the time of his death, the application form can be found in the Union Parishad Chairman’s Office.


It is worth noting that this Warisan Certificate is now available through a full-fledged online process by clicking here. The online process for obtaining the Warisan Certificate is simple and quick, with no unnecessary complications.

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This online process, however, is not available to all city corporations, Pourashava, or Union Parishad, and this information can also be found by clicking the above-mentioned link.


Step 3: Application Submission

The completed application form, as well as the above-mentioned documents, must be submitted to the appropriate authority.

Requisition of security from grantee of certificate

(1) The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any other case, require, as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of person who may be entitled to the whole or any part of those debts and securities.

(2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder. 

Extension of certificate

(1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein.

(2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate. 

Forms of certificate and extended certificate

Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII. 

Amendment of certificate in respect of powers as to securities

378. Where a District Judge has not conferred on the holder of a certificate any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.


HOW TO OBTAIN A SUCCESS CERTIFICATE:

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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 person


Step 2- Application Preparation:

According to Section 372 of the Succession Act of 1925, the applicant will prepare an application, verify and sign it, and submit it to 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 after paying the appropriate court fees.


Step 3: Court Proceedings:


The appropriate 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 appropriate.


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 grants a certificate, he must specify the debts and securities specified in the application for the certificate, and may thus empower the person to whom the certificate is granted to (a) receive interest or dividends on, (b) negotiate or transfer, or (c) both receive interest or dividends on and negotiate or transfer the securities or any of them.

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Time Period:

Warisan Certificate:

Around 15 days to 30 days are required for the issuance of the Warisan Certificate.

Succession Certificate:

Firstly, a newspaper notice for a span of 45 days is issued by the court. If any individuals have any kind of objections towards the particular advertisement then they have a chance to file an opposition in the court. When the objections are received by the court it might take time for the issuance of the succession certificate till all of them are cleared.

If the court doesn’t receive any kind of objections from anyone ten the succession certificate is issued immediately.

Are you intending to get a Warisan and Succession Certificate in Bangladesh?

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