Succession Certificate; Bangladesh

Relevant Law & Due Process for Succession Certificate

M.M. ENAM ELAHI ABSTRACT: A Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased person who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. In the absence of a will, if there is no survivor amongst the account holders and a no nomination had been done by the holder (s), a succession certificate is the primary document through which the heirs can stake a claim to the assets of a deceased relative. DOCUMENTS: A succession is necessary, but not always sufficient, to release the assets of the deceased for these, a death certificate, letter of administration and non objection certificates will be needed. In The Field work Time: Provided by City Corporation Officer (Ward Chief) 1. National Identity Card of the all successors of the deceased. 2. National Identity Card of the deceased person. 3. Death Certificate of the deceased person. 4. Death Certificate of the deceased person's parents. (If die) 5. Affidavit by the Notary Public 6. Three copy passport size photos of the all successors 7. Generally need at least one family member for providing full information. In The prescribe form of City Corporation's Succession Certificate mention about that's issues: 1. Name & Address of the Applicant. 2. Name of the Deceased Person. 3. Deceased Person Religion. 4. Name of his/her father/Husband. 5. Permanent Address ( in detail). 6. Date of Death. 7. Deceased Person Age. 8. Place of Death. 9. Name of the place of graved. 10. Successor's Name, Relation & their Comments. 11. Affidavit by the Judicial Magistrate / Notary Public. 12. Birth / Death Certificate. 13. Signature of the witness & Applicant. Relevant Laws Birth and Death Registration Act, 2004 Government of Bangladesh has passed Birth and Death Registration Act, 2004 which will enter into force from 3 July 2006. According to this Law, every individual born in Bangladesh and Bangladeshi Citizen born outside will have to undergo birth registration process. The new legal framework allows free registration for all within two years from the effectiveness of the Law. The Law termed birth certificate as a proof of one's age and identity to have access for certain services which includes: 1. Passport. 2. Marriage Registration. 3. Admission in Educational Institute (without birth certificate admission can't be refused at this moment). 4. Employment in Government and Private sector. 5. Driving License. 6. Voter List and Registration of Lands. It may be noted here that a recent amendment on the Law has waived the compulsion of producing birth certificate for these services until 2 July 2007. 1. Section 4 of Birth and Death Registration Act, 2004 discuss about the Registrar. 2. Section 6 of Birth and Death Registration Act, 2004 discuss about Duty of Registrar. 3. Section 7 of Birth and Death Registration Act, 2004 discuss about the Power of registrar. 4. Section 8 of Birth and Death Registration Act, 2004 discuss about Persons Responsible for giving information of births and deaths, [ For obtaining death Certificate, the son or daughter or guardian or the prescribed person of the deceased shall be liable to provide, information related to death of the person to the Registrar within 45 (Forty Five) days of the death.] 5. Section 9 of Birth and Death Registration Act, 2004 discuss about Duty of Certain Officer or Staff. THE SUCCESSION ACT, 1925 (ACT NO. XXXIX OF 1925) 1. Section 27 of The Succession Act 1925 discuss about Persons held for purpose of succession to be similarly related to deceased. (PART IV Of Consanguinity) 2. Section 29 of The Succession Act 1925 discuss about Application of Part. (PART V Intestate Succession CHAPTER I preliminary) 3. Section 30 of The Succession Act 1925 discuss about As to what property deceased considered to have died intestate. (PART V Intestate Succession CHAPTER I preliminary) 4. Section 57 of The Succession Act 1925 discuss about Application of certain provisions of Part to a class of wills made by Hindus, etc. (PART VI Testamentary Succession CHAPTER I introductory) 5. Section 213 of The Succession Act 1925 discuss about Right as executor or legatee when established. (PART VIII Representative Title to Property of Deceased on Succession) 6. Section 349 of The Succession Act 1925 discuss about Legatee's title to produce of specific legacy. (PART IX Probate, Letters of Administration and Administration of Assets of Deceased and CHAPTER XI of the produce and interest of legacies) 7. Section 372 of The Succession Act 1925 discuss about Application for certificate. (PART X Succession Certificates ) 8. Section 380 of The Succession Act 1925 discuss about Local extent of certificate. (PART X Succession Certificates ) 9. Section 382 of The Succession Act 1925 discuss about Effect of certificate granted or extended by Bangladesh representative in Foreign State. (PART X Succession Certificates ) References: 1. THE SUCCESSION ACT, 1925 (ACT NO. XXXIX OF 1925) 2. Birth and Death Registration Act, 2004