Tuesday, 4 September 2018

Jurisdiction in case of Succession Matters

One of the most commonly filed cases are of succession. The succession cases are filed for obtaining succession certificates. A succession certificate is required when a person dies and leave property behind. The legal heirs of the deceased are also called the successors which are determined through the succession certificate.

Succession Certificate is mandatory for obtaining amounts lying in the bank accounts of dead person. Without succession certificate the banks cannot legally release the amounts lying the banks. Similarly this certificate is important in cases where the shares and certificates are owned by the dead person as they cannot be distributed legally without succession.

Succession Certificate is obtained through civil court. A case is filed against public at large for obtaining the certificate. Usually a Succession case runs between 3 to 6 months and eventually the certificate is obtained.

The jurisdiction in succession cases can be any district where property or part of property of deceased is situated at the time of his/her death. That is determined through section 371 of the Succession Act 1925. One case can be filed for all properties situated in different jurisdictions.

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Salman Yousaf Khan
International Lawyer