Question:
Do I need to obtain a Succession Certificate or a Warishan Certificate from the court, or can it be acquired from the Word Commissioner?
Answer:
In Bangladesh, both the Succession Certificate and the Warishan Certificate are important documents that serve different purposes regarding inheritance. Here’s a breakdown of how and where to obtain each:
- Succession Certificate:
- Definition: This certificate is issued by the civil court to declare the legal heirs of a deceased person, allowing them to access and transfer the deceased’s assets.
- Acquisition Process:
- You must file an application in the appropriate civil court under the Succession Act, 1925.
- The application should include details about the deceased, the heirs, and any debts or properties involved.
- The court will notify interested parties and may conduct a hearing to determine rightful heirs.
- Once approved, the court issues the Succession Certificate, which is essential for dealing with banks and transferring properties.
- Warishan Certificate:
- Definition: The Warishan Certificate serves to identify the heirs of the deceased and is usually recognized for informal inheritance matters.
- Acquisition Process:
- This certificate can often be obtained from the local Union Council or Word Commissioner.
- The process may vary by locality and typically involves submitting an application along with relevant documentation.
- While it is generally accepted for smaller assets and informal claims, it may not hold the same legal authority as a Succession Certificate in financial or legal matters.
- Which Should You Choose?
- If your situation involves significant assets, properties, or dealings with financial institutions, it is advisable to obtain a Succession Certificate from the court, as it provides stronger legal backing.
- For more informal matters, a Warishan Certificate from the Word Commissioner can suffice.
- Consult Legal Assistance:
- It is always beneficial to consult with a lawyer who specializes in inheritance law. They can guide you through the appropriate steps based on your specific situation.