Succession Certificate in Bangladesh : Complete Guide 2024

Succession Certificate in Bangladesh is a court-issued decree that formally identifies the rightful legal heirs of a deceased individual, empowering them to manage the deceased’s assets and liabilities. Governed by the Indian Succession Act of 1925, this certificate establishes the authenticity of the heirs and grants them the authority to inherit debts, securities, and other assets of the deceased. Although similar to a waris sanad, a Succession Certificate carries broader recognition, legality, and applicability within the legal framework. Sometimes it is also referred as to the inheritance certificate.

succession certificate

How to get a succession certificate from Bangladesh

To get a succession certificate the legal heirs of the deceased shall file a petition to the concerned court. The legal heirs shall collect the documents listed in the next paragraph and file a well drafted petition to the court through a lawyer.

Surprisingly, there is only one court for the whole of Dhaka Metro and District residents and it’s the Court of Joint District and Session Judge, Dhaka who exercises the delegated jurisdiction of District Judge, Dhaka. This is why its take too long time to avail a simple succession declaration.

Step: 1 List of Necessary Documents for succession certificate

The list of applicable documents varies case to case and depending on the relation of the applicants with the deceased, assets and liabilities of the deceased and many other facts. We, from practical experience found that the below listed documents are sufficient to get a succession certificate.

Primary Documents for succession certificate

 (i) NID /B.C /Passport of the applicants or heirs

(ii) Photos (passport size) of the applicants or heirs

(iii) Warisan Certificate from the Union/Municipality/Ward Councilor

(iv) NID of the deceased

(v) Online Death Certificate of the Deceased

(vi) Hospital Death Certificate and Burial Certificate (if any)

(vii) Bank Statement, FDR, Credit/Debit Liabilities or particulars of other assets.

 Additional Documents for succession certificate

  • Present and permanent address of the applicants
  • Power of attorney from the heirs who are not able to appear in the Court Trial.
  • Power of attorney to be attested by the Embassy of Bangladesh when the applicant is an immigrant.
  •  Wokalotnama (Provided by Lawyer of law firm)

Step: 2 Preparation of the Succession Case

As the case is to be prepared by an advocate or appointed law firm you have no worries other than choosing a right one. The lawyers who are accustomed with this type of case can brought you the good outcome for you within a shortest time and less hassle. Your lawyer must securitize the actual facts, available documents, legal complexity; cost associated and shall make a strategy to speeding the process.

Step: 3  Filling of the Succession Case

(a) Submission of case:     

The lawyer shall prepare the case according to the acceptable format mentioning the whole facts under applicable laws. Then he shall take signature of the applicants to the plaint supporting by a Holofnama or verification from all the applicants. The signed plaint must be endorsed with proper court fee, to be submitted at serest section of the concerned court and then numbered with a case number.

(b) Summon/Notice

Immediately after case filling the file will be sent to the concerned section for service of summon (submitted by lawyer and supported with a copy of the petition). Usually, summon of the succession case served within 7-10 days when the case is well cared by the lawyer.

(c) Hearing of the witness                

As soon as the summon is returned to the court your case is ready for trial. A date will be fixed for hearing of the applicants. The applicants must appear with all original documents at the time of hearing. The depositions made by the applicants shall be recorded by the court before judgment.

(d) Judgment

The court shall pass an order to submit court fees if the deposition of the applicants are satisfactory to issue the succession certificate. The formal judgment passes in written after receipt of the prescribed court fees.

Step: 4  Payments of Court Fees

At the day of final hearing of the parties, if the court satisfy and agree to issue the certificate it will pass an order to deposit the court fees. Until the court fees are due no succession certificate will be issued by the court and it’s crucial to deposit the court fees within 15 (fifteen) days of passing such order.

Schedule of Court Fees in Succession Case

Ceiling of Claimed amountChargesPayment option
Up to Tk 20,000No Court FeesNot applicable
Tk 20,000 to 1,00,0001% of the claimed amountVia Nezarat section/ Stamp / Chalan
Tk 1,00,001 and above2% of the claimed amountStamp / Bank Chalan

Step: 5 Issuance of the Succession Certificate

After due submission of the court fees the lawyer of that specific case must communicate all payment receipts to the concern officer of the court. The court after scrutinizing these receipts shall sign and issue one copy of certificate to the appointed lawyer. It takes usually 3-7 days to receive the certificate after deposit of payment receipts.

What is the use of succession certificate?

The succession certificate serves its purpose when the deceased person fails to leave a will and when the property remains undistributed during their lifetime. It is required in various scenarios involving the distribution of movable assets such as bank debits, pension benefits, land property transfer and mutation, as well as for legal documentation and others. A comparative study conducted by our law firm among 92 clients illustrates the utilization ratio, as depicted in the following pie chart:

Use of Succession Certificate

How to Get a Succession Certificate as Immigrant

An application for a Succession Certificate in Bangladesh is open to any Bangladeshi citizen currently residing abroad. Although it involves a time-consuming process, it is certainly achievable. Immigrant applicants have two options: they can either grant Power of Attorney to a person residing in Bangladesh or become a defendant in a case where the other co-heirs are also applicants.

Given that a majority of our clients are from abroad, we regularly handle such cases, especially those related to property matters involving entities like RajUK, NHA, Ministry of Housing and Public Works, CDA, etc. If you are an immigrant requiring a succession certificate from Bangladesh, you have come to the right place.

Difference between Waris sanad and succession certificate

Depending on the applicability, issuance and legal features there are a lot of dissimilarities between Waris sanad and succession certificate. Below are the common differences:

Warish SanadSuccession Certificate
Any one may claim for a warish sanadVSOnly legal heirs are eligible to apply
The issuance is simple and instantIt’s a complex legal procedure and takes 5-6 months
Issued by the Union Parishad, Municipality or Ward Commissioner (as applicable)Issued by the court of law
Used for family land distribution and othersUsed for leasehold property, bank asset, Insurance, FDR, Pension, Retirement and other
No court feePrescribed court fee
Amendment is easyAmendment is rigid

FAQ: Frequently Asked Questions

How can I get succession certificate from Bangladesh?

To get a succession certificate, you have to go through a complex legal process in Bangladesh. It is imperative to engage a lawyer well-versed in this specific type of proceeding and possessing sufficient expertise in Islamic Law of Inheritance.

You have the option to engage our LAW FIRM for your cases, and we will manage all formalities on your behalf within a brief timeframe. Obviously, it will be hassle free, in time and efficient.

What is the fee for succession certificate in Bangladesh?

The government has fixed the prescribed fees for a succession case. A petition valued at no more than Tk 20,000/- is exempt from government fees. A petition valued between Tk 20,000/- and Tk 1,00,000/- shall be subject to a 1% fee, while a petition valued at Tk 1,00,001/- and above shall incur a 2% court fee based on the claimed amount.

What is the share of daughters on father’s property in Bangladesh?

As per Muslim law of inheritance a daughter gets half of a son. Whatever the case may be the share of a child depend of various factors as prescribed in the Islamic Law of Inheritance.

What is the succession law in Bangladesh?

The Succession Act, 1925 ( ACT NO. XXXIX OF 1925 ) is the governing law for succession certificate.

Recent Post

Succession Certificate in Bangladesh : Complete Guide 2024

In Bangladesh, obtaining a Succession Certificate via a court process establishes legal heirs to manage a deceased’s assets. Under the Indian Succession Act of 1925, it differs from a waris sanad and involves filing a petition with necessary documents, attorney representation, hearing, and court fees. For immigrants, granting Power of Attorney is required for application. The certificate is crucial for asset distribution, especially for those without a will.

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