Succession Certificate in Pakistan: How to Claim a Deceased Person's Assets

A succession certificate, issued under the Succession Act, 1925, authorises the holder to collect debts and securities due to a deceased person and to give a valid discharge to whoever pays. Most commonly, it is what a bank requires before releasing a deceased account holder's balance to an heir. It establishes the right to collect and distribute movable assets; it does not by itself decide title to immovable property.

This is the single most common confusion in inheritance matters: a succession certificate is for movable assets (bank balances, shares, provident fund, insurance payouts, debts owed to the deceased), while immovable property (land, houses, plots) passes to heirs through inheritance and is reflected by a mutation (intiqal) in the revenue record, not a succession certificate.

1. 1

   File a petition in the Civil Court

   A petition is filed before the District Court with jurisdiction over the deceased's last place of residence (or where the assets are situated), naming all legal heirs and describing the assets involved.

2. 2

   Court issues public notice

   The court publishes notice inviting objections from anyone with a competing claim. It is a mandatory waiting period during which other heirs or creditors can object.

3. 3

   Hearing and, if uncontested, grant of certificate

   Where no valid objection is raised, the court grants the succession certificate to the petitioner, often on furnishing a surety bond to protect against wrongful distribution.

4. 4

   Contested matters proceed to evidence

   If another party disputes the heirs or the shares claimed, the matter proceeds like regular civil litigation with evidence and cross-examination before a decision.

5. 5

   Present the certificate to banks/institutions

   Once granted, the certificate is presented to the relevant bank or institution to release the deceased's assets according to the shares recorded.

Disputes typically arise over who qualifies as an heir, the correct shares under the applicable law of inheritance, or the authenticity of a will affecting distribution. Where a will exists and is contested, the matter may proceed as a probate or letters-of-administration case rather than a straightforward succession certificate petition, with additional scrutiny of the will's validity and execution.

A contested petition takes materially longer than an uncontested one and is where legal representation matters most: framing the petition correctly at the outset, and responding to objections with the right evidence, often determines whether the matter resolves in months or drags on for years.