Legal Question in Banking Law in Pakistan

In a legal reply, it was informed that SUCCESSION CERTIFICATE is required to release funds lying in deceased account whereas for the cases of immovable property LEGAL HEIR SHIP is required.

But a Senior Banker is of the view that " Legal heir ship Certificate is an elementary documents that requires for establishing probable natural beneficiary in property /asset. Only lawful heir can apply or be granted Succession Certificate based on this basic document."

The question is that if the understanding of senior banker to first obtain LEGAL HEIR SHIP CERTIFICATE for release of funds lying in deceased bank's account before applying for grant of SUCCESSION CERTIFICATE is correct or as advised by the advocate purpose of both the certificates is different and there is no need to first obtain LEGAL HEIR SHIP CERTIFICATE for grant of SUCCESSION CERTIFICATE? Please give detailed reply so that matter may be clarified without any ambiguity.


Asked on 9/21/12, 8:14 am

1 Answer from Attorneys
Owais Ahmad Qadri United Law Associates

succession certifcate is always for the moveable assets wheras the immovable property the letter of adminstration is required

if a person left bank accounts, shares, certificates and other moveable assests then the legal heirs may apply to civil court for getting succession certificate

but if left the lokers, properies then letter of adminstration

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Answered on 12/27/12, 10:48 am


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