Reader’s queries
When is Succession Certificate required?
I'm an avid reader of your esteemed Column ever since its inception. I am submitting my query as under.
(a) A person, years before his death made a WILL clearly apportioning his assets strictly and precisely as per his wish or as per the Islamic Law. Even then, after his demise, will his heirs have to file a suit in the Court of Law for Succession Certificate, to share their father's assets?
(b) Another query is that, if the person before his death appoints nominee/s during opening his Bank A/C, is Succession Certificate still essential for withdrawal of the Bank money?
(c) One more thing, is registration of WILL mandatory?
Mrs. S S Jamal
E/G9, P.O.Firozshah,
P.S.Khulshi, Chittagong 4207
***
Response to your queries:
(a) You have raised a very pertinent legal issue. In such an issue difference of opinion is seen amongst legal experts. WILL is the legal declaration of the intention of a Muslim with respect to his property, which he desires to be carried into effect after his death. It may be made orally or writing. However, convenience demands that it should be in writing. If the WILL is in writing it need not be signed and if signed it need not be attested. The only requisite is that the intention of the testator (the person making the WILL) should be clear. Again, no Muslim can bequeath more than one-third of his estate unless other heirs consent to it. Sometimes it happens that the deceased person was entitled to certain Bank or debt-money or other movables which were not the subject of the WILL. It is in these areas (ambiguity, exceeding the legal limit of one-third or movables) problem arises among the co-sharers by inheritance. From your queries it is not clear what happened to your case. If any thing happens like these you need to procure a succession certificate from a court of competent jurisdiction. Otherwise it is not necessary. But as a future caution obtaining of such certificate proves to be a prudent job to face a contingent legal complexity. Out of the court, the co-sharers of a deceased may obtain inheritance certificate from local government representatives.
The application is to be made in the court, where the properties of your deceased relative are situated or where he /she normally resided. According to Succession Act 1925 the District Judge has the jurisdiction to issue succession certificate. But usually the Joint District judge is delegated to exercise this power. You have to apply to the Court with the names of all other heirs of your late relative as the respondents in the matter. Normally a newspaper notice is also issued apart from mandatory notice to the respondents. If the respondents have given their no objection, the court passes the orders for issuance of the Succession Certificate in your name, for which you have to then submit Judicial Stamp papers of sufficient amount (as per the prescribed court fees structure) in the court, where after the Certificate is typed by the court staff, duly signed and sealed and delivered.
(b) Normally the Banks do not require for a succession certificate in case there is a nominee. Yet the practice is that the Bank asks for it to avoid any practice of fraud or any prospective legal complexity. The practice of demanding succession certificate by the banks in such cases varies.
(c) A WILL may be revoked by the testator either expressly or impliedly or by a subsequent WILL any time before his death. Because, WILL becomes effective after the death of the testator. For this reason registration law has kept WILL out of the ambit of compulsory registration. So, registration of a WILL is optional. But, you know, registered document is preferable for a convincing proof in the court of law.
Law Desk.
