Succession Certificate

A Succession Certificate in Bangladesh is a court-issued document that legally empowers the rightful heirs of a deceased person to manage and inherit their movable assets. It is a certificate that confirms the proportion of the share of property, specifically deposits in bank.

Foreign Company Registration in Bangladesh

What is a Court Succession Certificate?

A Court Succession Certificate is a legal document issued by a civil court that establishes the rightful heir(s) to a deceased person's movable assets such as bank deposits, shares, insurance claims, and other financial instruments. This certificate allows the successor(s) to claim and manage the deceased’s financial affairs lawfully.

In most jurisdictions, a succession certificate is required when someone passes away without leaving a will (intestate). It is issued after thorough verification by the court and serves as valid proof for banks, financial institutions, and other authorities to transfer the assets to the rightful heir(s).

Why is a Succession Certificate Necessary?

Obtaining a succession certificate is essential to legally access or transfer the deceased’s movable assets. Without this document, institutions like banks or insurance companies will not release funds to claimants.

It not only prevents disputes among family members regarding asset ownership but also ensures transparency and legal compliance. Additionally, it protects the claimant from future legal complications, as the certificate is recognized by courts and financial authorities.

For a smooth and efficient process, it is highly recommended to work with a trusted legal consultancy firm that has experience in handling court succession certificate applications to ensure that the petition is properly filed and all necessary documentation is submitted.

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What services does ‘JK Associates’ provide regarding Court Succession Certificate?

JK Associates offers comprehensive assistance in obtaining a Court Succession Certificate:

Initial Consultation: We begin by providing a clear overview of the legal process and required documentation for obtaining a succession certificate.
Document Preparation: Our team assists in preparing all necessary documents, such as death certificate, relationship proof, and property details, to file the petition in court.
Legal Filing Support: We handle the legal filing process on behalf of our clients, ensuring that the application is submitted correctly to the appropriate court.
Court Representation: Our legal experts represent the client in court proceedings, hearings, and ensure all legal formalities are duly followed.
Follow-up and Updates: We keep our clients informed throughout the process, from court notices to final certificate issuance.
Post-Certificate Assistance: After obtaining the succession certificate, we offer guidance on using it for transferring assets, closing accounts, or claiming dues.
The process of obtaining a Court Succession Certificate may vary depending on the case specifics, jurisdiction, and the type of assets involved. JK Associates ensures smooth legal assistance tailored to each client’s needs.

The process for obtaining a Court Succession Certificate

Here is a general overview of the steps involved in obtaining a Court Succession Certificate:

The first step is to consult with a legal consultancy firm like JK Associates to understand the legal requirements, necessary documentation, and process involved in applying for a succession certificate through the competent court.

Assessment of eligibility: Our experts evaluate whether the applicant qualifies as a legal heir or beneficiary entitled to apply for the succession certificate.
Document preparation: We assist in preparing all essential documents such as the death certificate, relationship proof, list of assets/debts, and affidavit required for submission.
Filing of petition: The petition is filed in the appropriate District or Civil Court. JK Associates ensures it is drafted and submitted in proper legal format, with all required documentation.
Public notice and hearings: After filing, the court issues public notice to invite objections, if any. Our legal team follows up and represents the client during hearings.
Certificate issuance and further support: Once approved, the court grants the certificate. JK Associates provides post-certificate guidance including how to use it for asset transfer, claims, or legal purposes.
Working with a professional firm like JK Associates ensures that the process is completed smoothly, accurately, and in compliance with court procedures.

Requirements for obtaining a Court Succession Certificate

The specific requirements may vary slightly by jurisdiction, but the general prerequisites often include:

Death certificate of the deceased: A legal and certified copy of the death certificate must be submitted with the application.
Proof of relationship: The applicant must prove their relationship with the deceased, often through a family certificate, ID documents, or affidavits.
List of assets and liabilities: A clear list of movable assets (such as bank accounts, shares, bonds, etc.) and any known liabilities must be provided.
Affidavit and declaration: The applicant is required to submit an affidavit declaring that they are the rightful heir and that there is no objection from other legal heirs (or listing them accordingly).
Identification and address proof: Valid government-issued ID and proof of residence must be attached with the application.
Consent from co-heirs (if any): Where applicable, a no-objection certificate (NOC) or written consent from other legal heirs may be required.
JK Associates helps ensure all requirements are met precisely to avoid any legal complications or delays.

What criteria should be considered before applying for a Succession Certificate

Jurisdiction: The petition should be filed in the appropriate court having jurisdiction based on the deceased’s last residence or location of the asset.
Clarity of heirs: It’s important to ensure the list of legal heirs is accurate and agreed upon to avoid objections or disputes during court proceedings.
Nature of assets: Succession certificates are generally issued for movable properties only (e.g., bank deposits, securities). For immovable properties, legal heirship certificates or court decrees may be required.
Legal representation: Appointing a reliable legal advisor ensures that your case is well-prepared and represented professionally in court.
Timelines and fees: Applicants should be aware of the expected processing time and court fees involved in the succession certificate process.
‘JK Associates’ offers full legal support, from consultation to representation, helping clients navigate the court procedures confidently and obtain the succession certificate efficiently.

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Foreign Company Registered Address FAQ

Share transmission is the legal process of transferring shares from a deceased shareholder to their legal heir(s) or nominee(s).

Yes, a succession certificate or probate is typically required to establish legal ownership before transmission can be processed.

If all documents are in order, the process usually takes 2–4 weeks with RJSC and company coordination.
Company Registration Process in Bangladesh