Your father died and his money is stuck in the bank
This is a common scene in Pakistan. A parent dies. The bank account still has money. The family goes to withdraw it, and the bank says no. You need a paper first, called a succession certificate.
Banks are not being difficult for no reason. They are afraid of paying the wrong person. A succession certificate tells them exactly who the legal heirs are. Once you have it, they release the money.
What is a succession certificate?
A succession certificate is a court document that names the heirs of a person who has died. It lets those heirs collect the dead person's movable assets. That means bank accounts, shares, securities, prize bonds, and debts owed to the dead person.
It does not divide the property. It does not say who gets what share. It only proves who the heirs are, so banks and companies can safely pay them.
The law that governs it is the Succession Act 1925, in Part X of the Act, sections 370 to 390.
Which court gives it?
Under section 371 of the Succession Act 1925, the District Judge of the area where the dead person ordinarily lived gives the certificate. If the person had no fixed residence, then the District Judge of the area where any part of the property is found can give it.
In some districts the provincial government has also given this power to lower courts, like civil judges. That is allowed under section 388 of the Act. So check with your local court first, because a civil judge may be able to handle it faster.
What goes in the application?
You file a petition in the court. Under section 372, the petition must state:
- the date of death of the deceased
- where the deceased lived at the time of death
- the family and near relatives, with their addresses
- the right under which you are claiming
- the debts and securities for which you want the certificate
The petition is signed and verified the same way a plaint is verified under the Code of Civil Procedure 1908.
Be careful here. If you state something you know is false, you can be punished under section 198 of the Pakistan Penal Code. The Act says this plainly in section 372(2). Do not hide an heir and do not hide an asset.
What happens in court?
Under section 373, the court fixes a hearing day. It gives notice to people who should be told, and it also posts a notice at the courthouse and publishes it. This gives other relatives a chance to object.
Then the court decides the matter in a summary way. Summary means fast and simple, not a full trial. If the case is complicated, the court may still give the certificate to the person with the best apparent claim, and may ask for a bond with sureties under section 375.
If no one objects, the certificate is granted, specifying the debts and securities in it under section 374.
What does it cost?
The court fee is set by the Court Fees Act 1870. Under item 12 of its first schedule, the fee for a succession certificate is two per cent of the value of the debts and securities named in it. If you later extend the certificate to more assets, the extension fee is three per cent.
So for a bank balance of one million rupees, the court fee is about twenty thousand rupees. The court collects this fee when you apply, under section 379 of the Succession Act.
Can the certificate be used outside that district?
Yes. Under section 380, a succession certificate works across all of Pakistan. You do not need a new certificate in every city where the bank has a branch.
Under section 381, the certificate is conclusive against the people who owe the money. A bank that pays the certificate holder in good faith is fully protected. That is why banks accept it without argument.
Is there a faster way now?
Yes, in some provinces. Khyber Pakhtunkhwa passed the Letters of Administration and Succession Certificates Act 2021, and Sindh passed the Sindh Act of 2021. Under these laws, NADRA can issue succession certificates without going to court.
NADRA runs succession portals for Punjab, Khyber Pakhtunkhwa, Islamabad, and Balochistan, for example punjabsuccession.nadra.gov.pk. You apply with the CNICs of all heirs, the death certificate, and the papers for the assets. All heirs give biometric verification. If no one objects within 14 days of the published notice, the certificate is issued.
This route has a limit. If the heirs are fighting, one heir is a minor, or the facts need a full hearing, NADRA declines the application. Then you must go to court under the Succession Act 1925. No court will take the case until NADRA has refused it.
Can the certificate be taken back?
Yes. Under section 383, a court can revoke a certificate if the proceedings were defective, if it was obtained by fraud, or if an essential fact was falsely stated.
There is an appeal too. Under section 384, an order granting, refusing, or revoking a certificate can be appealed to the High Court within the time allowed for appeals under the Code of Civil Procedure.
What this means for you
A succession certificate is not optional if the bank balance is more than a small amount. Banks in Pakistan follow the State Bank's procedures for settling the accounts of dead customers, and they ask for a succession certificate or a court order before releasing money.
The practical steps are simple. Get the death certificate. Collect the CNICs of all heirs. List the accounts and assets with their values. File the petition in the district court, or check if your province's NADRA succession portal is working. Pay the two per cent court fee. Wait out the notice period. Collect the money.
Remember the part people forget. The certificate only lets you collect. Dividing the money among heirs is a separate matter, and every heir's share is fixed by inheritance law. Read about women's inheritance rights in Pakistan and how inherited property is divided in Pakistan before anyone spends a rupee. If the family cannot agree, a free legal aid lawyer can help. If the dead person left a will, the executor follows it. See how to make a will in Pakistan. You can read more guides on the Lexiber blog or start from the Lexiber home page.
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