Legal Advice on Succession, Partition and Warishnama
Dr.Ahamuduzzaman (Founder of ain-qanoon.com)/29.4.2016
Dear Ahmed bhai,
Assalamualaikum. Hope you and your family are well. I am writing you today to know some information about succession case.
My Father-in-law passed away few months back and my mother-in-law was deceased in 2004. Abba had an account. Now my husband and my brother-in-law is trying to get the money from that account. The Bank said They (My husband+brother-in-law) need to file a succession case and then they can have the money. The lawyer is telling it will take more than 6 months. But We need it urgent. Is there any way so that we can get the money quickly? Generally how long does the succession case take? How many times we should be in the court?
Other than that, For Land and home properties that Abba had, what should my husband do in oder to transfer ownership?
These answers will help me a lot. Waiting to hearing from you. May Allah be with you. Thank you.
Rafia Nur Hride.
Legal Advice on succession
Thanks to hear from you after a long time. If you or any person is nominated as nominee of the account holder no succession certificate is mandatory unless someone raises objection. However, it depends on the good will of the bank's management who can claim a succession certificate or release the money without it. Based on a warishanama (from local authority e.g. Union/Pourshava/City Corporation), all successors/nominees may prepare a power of attorney authorizing someone (as nominee) to collect or withdraw money from the account and the bank may release it under the Banking Company's Act,1991. However, it is better to collect a succession certificate for which a case to be filed before the Joint District Judge/ Succession Court with 1% of the claimed amount as fees with the fees of lawyer and miscellaneous costs. It may take 3 months to 1 year time from the date of filing but I have some friends in Dhaka (Advocate/ Judge) for which I may try to complete the proceedings in shortest possible time. It is important to note that the amount of the account of which is less deposited should be shown to save money from paying as fees, if there are more than one account of the deceased. Death certificates, NID of the claimants/ successors, warishnama, account statements required for this purpose. If you want to take ownership of the land property, you need to file a partition suit to the respective court as per valuation of the property or all successors by signing on a partition deed and subsequently may register it to the Sub-Registrar and thereafter go to the A/C Land office for mutation. Please visit ain-qanoon.com and find more legal advice by searching option on the top-right hand corner of the Home page. Muslims succession shall be regulated by their personal/ shariah law. The Succession Act, 1925 is a guidance. Power of Attorney Shall be regulated by the Power of Attorney Act, 1925 and the POA Rules, 2014 applicable thereof.
Hope you have got answers to all of your question/ queries. Thanking You.
Dr.Ahamuduzzaman (founder of ain-qanoon.com) /29.4.2016.
modified on 8th of September 2016.