When a person dies without a will and leaves behind moveable assets - bank accounts, shares, prize bonds, provident fund, insurance proceeds - the heirs cannot simply withdraw them. Banks and companies release such assets only against a succession certificate granted by a competent court. This guide sets out the correct application format under the Succession Act 1925, explains the key clauses a valid petition must contain, and gives you a realistic sample skeleton to adapt. If you would rather not draft it alone, our legal team prepares and files these petitions across Pakistan.
What it is and when you need it
A succession certificate is a court document that authorises the named heirs to collect debts and securities owed to a deceased person and to give a valid discharge for them. It is governed by Part X of the Succession Act 1925 (Sections 370 to 390). You need one when the deceased died intestate (without a will) and the asset holder - typically a bank, listed company, the Central Depository Company, or the State Bank for national savings - insists on a court order before paying out.
Note the important limit: a succession certificate covers moveable assets only (money, debts and securities). For immovable property such as a house or plot, heirs usually need letters of administration or a declaratory decree instead. Since the 2021 reforms and the Letters of Administration and Succession Certificates (Amendment) Act 2025, uncontested cases may also be filed at a NADRA facilitation centre rather than court - we compare both routes in our NADRA vs court guide.
Key clauses your petition must contain
Section 372 fixes what the petition must state. Miss any of these and the court is likely to return the petition for correction:
| Clause | What it covers |
|---|---|
| Title and jurisdiction | Names the correct court - the District Judge or Civil Court where the deceased ordinarily resided or where any part of the property is found. |
| Deceased's particulars | Full name, CNIC, last residence, and the exact time and place of death, with the death certificate annexed. |
| Intestacy statement | A clear averment that the deceased died intestate, leaving no will. |
| Legal heirs | Names, ages, CNICs, and relationship of every surviving heir, supported by a NADRA Family Registration Certificate (FRC). |
| Right of the petitioner | The capacity in which the petitioner claims - as heir, widow, son, daughter or authorised representative. |
| Schedule of debts and securities | An itemised list of each asset - bank account, shares, bonds, prize bonds - with holder, account number and value. |
| Absence of impediment | A statement that no other petition is pending and there is no legal bar to the grant. |
| Prayer and verification | The relief sought, followed by the petitioner's signature and a verified affidavit. |
The debts and securities schedule
This is the heart of the petition. Under Section 372, each debt and security must be described in detail, and the certificate the court eventually grants is limited to the assets specified. A "security" here includes promissory notes, debentures, stocks, shares, bonds and government savings instruments. List each asset separately with the institution's name, the account or folio number, and the approximate value, because the court fee is calculated on this total. If you discover an asset later, you must apply to have the certificate extended - so aim to capture everything from the start.
Court fee, stamp and registration
Under Section 379 of the Succession Act 1925, the court assesses the fee under the Court Fees Act 1870 before granting the certificate. The fee is ad valorem - a percentage of the value of the debts and securities listed - and is paid in court-fee stamps affixed to the certificate. The exact percentage is set by each province and revised from time to time, so the rate in Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan can differ.
Because ad valorem court-fee rates vary by province and change with each finance measure, do not rely on a fixed figure. Confirm the current slab with the court's copying branch or a lawyer before you value the estate and buy stamps.
The petition itself is filed on the usual court-fee stamp for a plaint, and the supporting affidavit is sworn on stamp paper of the value prescribed locally. Succession certificates are not "registered" like a deed under the Registration Act 1908; the operative step is the court's grant and the affixing of court-fee stamps. The court also publishes a newspaper citation inviting objections before it grants the certificate.
Sample format (starting point)
Below is a generic skeleton to illustrate the structure. It is not a finished document - dates, jurisdiction, heir details and the asset schedule must be completed and reviewed by a lawyer before filing.
Treat the above as a teaching skeleton only. The precise wording, annexures and the affidavit must be settled to the facts of your case - a small error in the heirs list or asset schedule can delay the grant by months.
How the court process runs
After filing, the court examines the petition, admits it, and orders a newspaper citation inviting anyone with an objection to appear within the notice period. If no valid objection is raised, the court assesses and collects the court fee under Section 379 and grants the certificate, which is then presented to the bank or company to release the assets. Uncontested matters typically conclude in about two to three months.
Frequently asked questions
Which court hears a succession certificate petition?
The District Judge, or the Civil Court exercising that jurisdiction, where the deceased ordinarily resided or where any part of the moveable property is located.
Does a succession certificate cover a house or plot?
No. It covers moveable debts and securities only. For immovable property, heirs generally need letters of administration or a declaratory decree.
What documents must I attach?
The death certificate, a NADRA Family Registration Certificate, CNIC copies of all heirs, and proof of each asset such as bank statements or share certificates.
How is the court fee worked out?
As a percentage of the total value of the listed debts and securities, under the Court Fees Act 1870. The rate is set by your province, so confirm it before valuing the estate.
Can I add an asset after the certificate is granted?
Yes, by applying to the same court to extend the certificate to the newly discovered debt or security, on payment of additional fee.
Should a lawyer draft the petition?
Strongly recommended. The heirs list, asset schedule and verification must be exact, and a lawyer will match the format to your court's local practice.