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Where to Obtain Succession and Warishan Certificates

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.