Succession Certificate and Warish Certificate in Bangladesh: How to Apply in 2026

Succession certificate Bangladesh: what it is and why heirs need it in 2026

A succession certificate Bangladesh courts grant under Part X of the Succession Act 1925 is the document that unlocks a deceased person's money. Banks, companies, savings offices and provident fund authorities will not pay a claimant who says they are an heir; they pay the person who produces a court certificate naming the debt or security. Without it, deposits stay frozen, shares cannot be transmitted and a lawsuit to recover money owed to the deceased cannot proceed to decree.

This guide explains how the process works in 2026: which court has jurisdiction, what the petition must contain, how notice and objections are handled, the verified court fee and how heirs pay it, how long applications take, and how the certificate is used for bank deposits, shares, savings certificates and provident funds. It also sets the certificate against the warish certificate issued by local government, and against probate and letters of administration, and closes with the practical rules for non-resident heirs acting through powers of attorney. For the rules on who inherits and in what shares, read our companion analysis of inheritance law in Bangladesh; this article concentrates on the procedure for collecting what the heirs are owed.

Summary: A succession certificate is granted by the District Judge, or a court invested with the District Judge's powers, where the deceased ordinarily lived. It authorises the holder to collect specified debts and securities, protects anyone who pays the holder in good faith, and attracts an ad valorem court fee of 1 or 2 per cent that heirs usually pay out of the deceased's own funds. It does not decide title to land and it is not the same as a warish certificate.

Key point: The certificate is conclusive only against the debtors and institutions named in it. It is a summary, protective order: a later suit between the same parties can still decide who is truly entitled, and a person who collects money under a certificate remains liable to account to the lawful owner.

At a glance

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Table of Contents

Succession certificate Bangladesh law: Part X of the Succession Act 1925

Part X of the Succession Act 1925 is a self-contained procedure for one narrow purpose: to give a person a court-backed right to collect particular debts and securities that were owed to someone who has died. It does not create inheritance rights, which come from the deceased's personal law, and it does not transfer land. It simply tells debtors whom they may safely pay.[1]

The statute is old but it is not frozen. Bangladesh has adapted it since independence: references to the High Court became references to the Supreme Court and the High Court Division, the court-fee provision was rewritten by the Finance Act 1996, and certain clauses were omitted by the Bangladesh Laws (Revision and Declaration) Act 1973.[1] A certificate granted under Part X has effect throughout Bangladesh, so a certificate issued in Chattogram binds a bank branch in Dhaka.[1]

Debts and securities a succession certificate Bangladesh courts grant can cover

The certificate is granted "in respect of" debts and securities. A debt is any sum the deceased was entitled to recover: a bank balance, a fixed deposit, a loan made to a friend or business, unpaid salary or contract money. The Act defines "security" to include government securities, stock, debentures or shares of a company, debentures issued by a local authority, and any other security the government notifies in the official Gazette.[1] Each item must be listed. The certificate can authorise the holder to receive interest or dividends, to negotiate or transfer the securities, or both, and the court decides which powers to grant.[1]

Why debtors insist on it

The reason institutions ask for a succession certificate is section 381. Within the debts and securities it specifies, the certificate is conclusive as against the persons owing them, and any payment made in good faith to the holder discharges the payer, even if the certificate later turns out to be defective.[1] Section 214 adds a second lever: no court will pass a decree against a debtor of a deceased person, or execute one, in favour of someone claiming by succession unless the claimant produces probate, letters of administration, an Administrator-General's certificate or a succession certificate that specifies the debt.[3] A bank that pays a self-declared heir without one takes a risk the law does not ask it to take.

What the certificate does not do

A succession certificate is not a declaration of title. Section 387 states that a decision under Part X does not bar a later suit or proceeding between the same parties on the same question, and that anyone who receives a debt or security under a certificate remains liable to account for it to the person lawfully entitled.[1] Nor does the certificate deal with land: agricultural rent and revenue are excluded from the section 214 definition of debt, and immovable property passes through mutation and, where needed, partition. Our guides on land mutation and partition suits cover that side of an estate.[3]

When a certificate cannot be granted

Section 370 bars a certificate for any debt or security where sections 212 or 213 require letters of administration or probate, subject to an exception for claimants to the estate of a deceased Christian.[1] Section 213 requires probate before an executor or legatee can establish rights under a will, but it does not apply to wills made by Muslims, and applies to the wills of Hindus, Buddhists, Sikhs and Jains only where they fall within clauses (a) and (b) of section 57.[2] Section 385 also invalidates a certificate if probate, letters of administration or an earlier certificate for the same estate is already in force.[1] Before filing, therefore, establish whether there is a will and whether any earlier grant exists.

Which court grants a succession certificate Bangladesh petition

Territorial jurisdiction under section 371

The application goes to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death. If the deceased had no fixed place of residence there, the competent court is the District Judge within whose jurisdiction any part of the deceased's property is found.[1] The test is ordinary residence, not the place of death and not the place where the bank account was opened. A person who lived in Gulshan but died in a Singapore hospital is dealt with in Dhaka; a person who lived abroad with no home in Bangladesh is dealt with where the assets sit.

District Judge and Joint District Judge courts

Section 388 allows the government to invest courts inferior to the District Judge with the District Judge's powers under Part X, and treats subordinate civil courts as inferior courts for this purpose. The District Judge may withdraw a case from such a court or transfer it to another competent court.[1]

In practice most petitions are filed at the district judgeship, registered as miscellaneous cases and heard by a Joint District Judge. A 2026 High Court Division decision illustrates the pattern: the succession certificate in that case had been granted by the Joint District Judge, Kushtia, in a miscellaneous case filed in 2016.[9] In Dhaka, applications are made through the Dhaka judge court complex, and the case is then allocated to a Joint District Judge.

Appeals

An order of a District Judge granting, refusing or revoking a certificate is appealable to the High Court Division, which may declare who is entitled and direct the District Judge to issue the certificate accordingly. The appeal must be filed within the time the Code of Civil Procedure allows for appeals.[1] Where the order was made by an inferior court invested under section 388, the appeal lies instead to the District Judge.[1] Appeals to the High Court Division are filed as First Miscellaneous Appeals, as in the Kushtia case decided on 26 April 2026.[9]

Who can apply and what the petition must contain

Any person claiming to be entitled to the deceased's effects by succession may apply: a widow, a son, a daughter, a parent or, where the personal law allows, a more distant relative. Several heirs often join in one petition, which avoids competing applications and the risk of an order in favour of a single heir who then holds the money for everyone else. Where heirs are in conflict, each may file, and the court chooses between them.

Petition contents under section 372

The application is made by petition to the District Judge, signed and verified in the way the Code of Civil Procedure prescribes for a plaint. Section 372 requires it to state the time of the deceased's death; the deceased's ordinary residence at that time and, if outside the judge's district, the property within it; the family or other near relatives of the deceased and their respective residences; the right in which the petitioner claims; the absence of any impediment under section 370; and the debts and securities for which the certificate is sought.[1] A petitioner who knowingly makes a false statement in the petition commits an offence under section 198 of the Penal Code.[1]

The family schedule matters more than applicants expect. Omitting a second wife, a predeceased son's children or a daughter living abroad is the most common reason a certificate is later challenged and revoked. List every relative who could claim under the deceased's personal law, with addresses, even if the applicant believes their claim is weak.

Documents to collect before filing

Courts and the institutions that later act on the certificate look for the same core evidence. Assemble it before drafting, because the petition must describe each debt precisely:

• The deceased's death registration certificate and national identity card or passport.
• Identity documents and birth registration for each heir, with marriage records where relationship depends on marriage.
• A warish certificate from the Union Parishad, municipality or city corporation, as supporting evidence of the family tree.
• Bank balance confirmations, fixed deposit receipts and account statements showing the amount due with interest.
• Share and debenture details, including BO account statements and folio numbers, with the market value on the date of application.
• Savings certificate and bond numbers, provident fund statements and employer letters for unpaid salary or benefits.
• Any loan agreements, cheques or acknowledgments evidencing money owed to the deceased.

Death registration first

Register the death before anything else. Death registration is completed through the government birth and death registration system at bdris.gov.bd, with the printed application submitted to the local Union Parishad, municipality or city corporation. Registration is free if the application is made within 45 days of death; later applications attract a fee, and after five years additional requirements apply.[13] A delayed registration is one of the most common causes of delay in a succession certificate application, because banks and courts will not accept a death that has not been officially recorded.

Notice, objections and the hearing

Notice and publication

If the petition is in order, the judge fixes a day for hearing and gives notice of the application to any person to whom, in the judge's opinion, special notice should be given. The notice is also posted in the court-house and published in such other manner as the judge directs, subject to rules made by the Supreme Court.[1] In practice this means service on the heirs named in the family schedule and on the banks or companies holding the assets, together with publication in a daily newspaper so that unknown claimants have a chance to object.

Objections and contested heirship

On the hearing day, or any later date to which the case is adjourned, the judge decides summarily who has the right to the certificate.[1] Where the question of law or fact seems too intricate for a summary decision, the judge may still grant a certificate to the applicant who appears to have the best prima facie title. Where several applicants claim, the judge may consider each applicant's interest in the estate and fitness to receive the certificate.[1]

Contested cases are decided on evidence, and the burden falls on the person asserting a disputed relationship. In the Kushtia appeal, a woman claiming to be the deceased's second wife, and her daughter, objected to the certificate. The trial court rejected the objection and the High Court Division dismissed the appeal on 26 April 2026, finding that the marriage registration had not been proved and that discrepancies in names and an altered birth certificate undermined the claim.[9] The lesson for objectors and applicants alike is that registered marriage records, consistent identity documents and credible witnesses decide these cases.

Security bonds

The judge may require the grantee to give a bond with one or more sureties, or other security, to account for what is received and to indemnify anyone who may later be found entitled. Security is mandatory where the certificate is granted on a prima facie basis in a complex case or chosen between competing applicants.[1] The bond can be assigned to a person who may then sue on it as trustee. Families should budget for this and identify sureties with verifiable assets early.

Court fee for a succession certificate Bangladesh applicants must pay

The fee is set by Article 11 of Schedule I to the Court-fees Act 1870, as substituted by the Court-fees (Amendment) Act 2010 with effect from 1 September 2010.[4] We checked the schedule on 20 October 2026.

Ad valorem rates

The fee is calculated on the amount or value of the debts and securities specified in the certificate. Where that amount exceeds Tk 20,000 and does not exceed Tk 1 lakh, the fee is 1 per cent; where it exceeds Tk 1 lakh, the fee is 2 per cent.[4] Interest is included in the amount of a debt up to the date of the application, and a security is valued at its market value on that date, whether or not the certificate confers powers over it. When a certificate is later extended to further debts or securities, the rates apply to the aggregate value.[4]

On a Tk 50 lakh estate of deposits and shares, for example, the fee at 2 per cent is Tk 1 lakh. The figure is significant, which is why accurate valuation and a deliberate decision about which assets to include matter.

How heirs pay: deduction from the deceased's funds

Section 379 requires every application to be accompanied by a deposit equal to the court fee. Where the applicant is a successor or heir of the deceased, however, the judge directs that a sum equal to the fee be deposited in cash in the Government Treasury out of the money or actionable claims held for the deceased by a bank, financial institution, post office or other person, which then informs the judge that the deposit has been made.[1] The practical effect is that heirs do not have to find a large fee from their own pockets before the frozen money is released. Any deposit not used is refunded.[1]

Comparison with the probate fee

Probate and letters of administration fall under Article 10 of the same schedule, which applies graduated rates rising to 9 per cent on the portion of the estate above Tk 5 lakh. A proviso credits the fee already paid on a succession certificate against a later grant of probate or letters of administration for the same estate.[4] For estates consisting only of deposits and securities, a succession certificate is therefore usually the cheaper route.

How long a succession certificate Bangladesh application takes

The Act sets no time limit for deciding an application, and duration depends on the court's list, service of notice and whether anyone objects. An uncontested petition with complete documents, in which every heir joins or consents, moves fastest because the hearing is a formality once notice has been served. Contested cases are slower: the Kushtia certificate was filed as a miscellaneous case in 2016, granted on 19 March 2018 after objections were heard, and the objectors' appeal was not decided until April 2026.[9]

Three steps reduce delay. First, file with every heir joined or with signed no-objection statements. Second, describe each asset precisely so the court does not have to call for further particulars. Third, arrange the publication and service promptly after the hearing date is fixed. The time after grant also matters: banks, companies and savings offices each run their own verification before paying, so lodge certified copies with every institution at once.

Using the certificate: bank deposits, shares, savings certificates and provident funds

Bank deposits and the nominee question

Section 103 of the Bank Company Act 1991 allows a depositor, or joint depositors together, to nominate one or more persons to receive the deposit after death. Notwithstanding any other law, will or instrument of disposition, the nominee acquires all the depositor's rights in the deposit to the exclusion of others, and payment to the nominee discharges the bank, but the rights and claims of other persons against the recipient are preserved.[5] Where a valid nominee exists, the bank usually pays the nominee without a succession certificate. Where there is no nominee, the account is frozen until a certificate is produced.

The relationship between the nominee and the heirs remains contested. In 2016 the High Court Division was reported to have held that the legal heirs, not the nominee, are the owners of money in a savings account, treating the nominee as a trustee for the heirs.[11] In a 2024 revision, the High Court Division declined to reject at the threshold a suit by heirs challenging payment to a nominee, leaving the effect of section 103(1) to be decided by the trial court on evidence.[10] Heirs who believe a nominee is collecting more than their share should act before the money is paid out.

Shares and other securities

Company shares, stock and debentures are expressly within the Part X definition of security.[1] To transmit listed shares held in a deceased investor's BO account, the depository participant and issuer generally act on the nominee recorded on the account or, failing that, on a succession certificate that confers the power to transfer the securities. For private company shares, the company's articles and the transmission procedure under company law apply; our guide to share transfer in Bangladesh explains the register-side steps. Ask the court specifically for power to negotiate or transfer the securities, not merely to receive dividends; if the original certificate omits it, section 378 allows the court to amend the certificate to add the missing power.[1]

Savings certificates

Government savings instruments, including sanchayapatra and savings bonds, generally follow the same pattern: payment to a recorded nominee, or otherwise to the holder of a certificate that specifies the instrument. Under the Government Savings Banks Act 1873 a nominee was treated as entitled to the exclusion of the heirs, and heirs needed a succession certificate where no nomination had been made.[11] List each certificate number, issue date and face value in the petition, and include accrued profit up to the date of application when calculating the fee.[4]

Provident funds

For government and railway provident funds governed by the Provident Funds Act 1925, any sum that vests in a dependant is paid to the dependant. Where the whole balance does not exceed Tk 5,000, the paying officer may pay the nominee or, if there is none, the person who appears entitled. Above that, the nominee or claimant must produce probate, letters of administration or a succession certificate.[6]

The Act gives a valid nominee the right to receive the sum to the exclusion of others, and allows a nominee to obtain a succession certificate that a later grant of probate to someone else does not cancel.[6] Private employers' funds follow their own trust deeds, but most still ask for a certificate where no nomination exists.

Debts owed to the deceased

A certificate is also the key to recovering private debts: a loan to a business partner, an unpaid invoice or a dishonoured cheque. Because section 214 prevents a decree in favour of a successor without one, file for the certificate early and include the debt in the petition; if a further debt comes to light later, section 376 allows the certificate to be extended to it, with the same effect as if it had been included originally.[1] [3]

Warish certificate: the administrative heirship document

A warish (or warishan) certificate is often mistaken for a succession certificate Bangladesh courts issue, but it is an administrative document issued by local government that lists the heirs of a deceased person. It is widely used for land mutation, pension and allowance claims, school and utility records, and as supporting evidence in court, but it is not a court decision and it does not authorise anyone to collect money from a bank.

Who issues it

In rural areas the Union Parishad chairman issues the certificate; in municipalities, the pourashava; and in city corporations, the ward-level office. The issuing official can change with local administration: in October 2024 Dhaka South City Corporation delegated the issue of citizenship and heirship certificates to its regional executive officers, so residents no longer had to go to the ward councillor's office, with verification by the ward secretary or another designated officer.[12] Cantonment boards issue the equivalent document for residents of cantonment areas.[8] Applicants usually provide the death certificate, identity documents of the heirs and a local representative's verification of the family.

What it proves and its limits

The authority issuing a warish certificate does not adjudicate. On 3 August 2026, in Laila Shahed v Bangladesh, the High Court Division upheld a cantonment authority's refusal to issue an heirship certificate where two people had filed conflicting applications, holding that the officer could not adjudicate the dispute beyond his authority and that heirship in such a case is a disputed question of fact requiring adjudication on evidence by the competent civil court.[8] The court also described a DNA report as evidence rather than a verdict.[8] Once heirship is contested, a warish certificate cannot resolve it; the dispute moves to court, often through a succession certificate application or a declaratory suit.

A warish certificate also says nothing about shares. Each heir's fraction comes from the personal law, which our analysis of the Muslim inheritance framework sets out in detail.

Succession certificate, warish certificate, probate and letters of administration compared

Four documents are regularly confused. Each answers a different question, and choosing the wrong one wastes months.

Probate and wills

Probate is the court's certification of a will and of the executor's authority. Where section 213 applies, an executor or legatee cannot establish rights under the will in any court without it, and section 370 then bars a succession certificate for the same assets.[1] [2] Because section 213 does not apply to Muslim wills, Muslim estates are ordinarily handled through succession certificates for movables even where a will exists, although probate remains available.[2] Our guide to heba, wills and gift registration explains how lifetime planning interacts with these routes.

When letters of administration are better

Letters of administration appoint an administrator for the whole estate, with authority over both movable and immovable property and a duty to account to the court. They cost more, as Article 10 fees show, but they suit large or complex estates: assets in several districts, a business to run, debts to pay before distribution, or heirs who cannot agree who should collect.[4] A succession certificate, by contrast, is asset-specific, quicker and cheaper, and is the right tool where the task is simply to collect listed deposits and securities.

NRB heirs and powers of attorney

Many heirs live abroad, and a succession certificate Bangladesh petition can be pursued without the heir returning home. Residence outside Bangladesh does not change an heir's entitlement, but it does change logistics: the petition must be verified, notices served, sureties found and certified copies collected, often by someone acting locally for the heir.

Executing a power of attorney abroad

Non-resident heirs usually appoint a relative or lawyer in Bangladesh under the Power of Attorney Act 2012. For a donor living outside Bangladesh, the Act applies section 33(1)(c) of the Registration Act 1908, requires the donor to sign and identify the grantee's photograph, and requires photographs and national identity card copies of donor and grantee to be attached.[7] Bangladesh missions attest these documents; the High Commission in Kuala Lumpur, for example, requires the executant to appear in person with a Bangladesh passport (valid or expired) or national identity card, photographs of both principal and attorney, and the names and signatures of witnesses.[14] Requirements vary slightly between missions, so check the relevant mission's page before travelling to it.

Authentication and stamping in Bangladesh

Under section 6(6) of the 2012 Act, a power of attorney executed abroad must, after it first arrives in Bangladesh, be authenticated by the Ministry of Foreign Affairs and then stamped as the Collector requires under section 18 of the Stamp Act 1899. After stamping, the Collector sends a copy to the sub-registrar for recording.[7] Skipping a step is the usual reason a court or bank rejects a foreign power. Draft the power to cover the specific acts needed: filing and verifying the succession petition, appearing in court, giving bonds, receiving certified copies, and receiving payment from named banks or companies into a named account.

Certificates granted by Bangladesh missions

Section 382 provides a less familiar route. A certificate in the Schedule VIII form granted to a resident of a foreign state by the Bangladesh representative accredited to that state, once stamped under the Court-fees Act, has the same effect in Bangladesh as a certificate granted under Part X.[1] It is rarely used, and most NRB heirs find it more reliable to proceed in the Bangladesh court through an attorney.

The deceased's own power of attorney ends on death

A general power of attorney terminates on the death of the donor.[7] A relative who held the deceased's power to operate accounts cannot keep using it after death, and transactions made under it after the bank learns of the death will be challenged. The heirs must grant their own powers, in their own names, for the succession proceedings.

Step-by-step: applying for a succession certificate

The sequence below reflects how a well-run application proceeds from death registration to payment.

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Revocation, later suits and risk management

A certificate can be revoked under section 383 for any of five reasons: the proceedings were defective in substance; it was obtained by fraud or by concealing something material; it was obtained on an untrue allegation of a fact essential in point of law; it has become useless and inoperative; or a decree or order of a competent court in a suit or proceeding about the same effects makes revocation proper.[1] Concealing an heir is the classic ground. A revoked certificate must be surrendered when the court requires, and wilful failure is punishable with a fine of up to Tk 1,000, imprisonment of up to three months, or both.[1]

Debtors are protected even when a certificate falls away: payments and dealings made in good faith with the holder of a certificate later revoked or superseded remain valid.[1] The risk therefore sits with the holder, who must account to the true heirs under section 387. A certificate holder collecting for a family should keep the money in a separate account, distribute promptly according to the personal-law shares and obtain written receipts.

Common mistakes to avoid

Most failed or delayed applications share the same errors:

• An incomplete family schedule. Leaving out a heir invites revocation and personal liability for the holder.
• Assets described vaguely. A certificate covers only what it lists; an account or folio omitted needs an extension and further fee.
• Missing powers over securities. A certificate that permits receipt of dividends but not transfer will not move shares.
• Relying on a warish certificate at the bank. Banks do not release unnominated deposits on an administrative heirship list.
• Using the deceased's power of attorney. It ended with the death.
• Filing in the wrong district. Jurisdiction follows ordinary residence, not the bank branch or place of death.
• Ignoring a will. Where probate is required, a certificate cannot be granted for the same assets.
• Delaying death registration. A late registration adds cost and holds up every later step.

Getting these points right at the start usually decides whether a succession certificate Bangladesh application takes a few hearings or several years. If the estate also includes land, plan the succession certificate, mutation and any partition together, so the same family schedule and evidence serve every proceeding.

Frequently asked questions

What is a succession certificate in Bangladesh?

It is a court certificate under Part X of the Succession Act 1925 that authorises the holder to collect specified debts and securities of a deceased person, such as bank deposits, shares and savings instruments, and protects anyone who pays the holder in good faith.[1]

Which court issues a succession certificate?

The District Judge within whose jurisdiction the deceased ordinarily resided at death, or, if there was no fixed residence, where any of the property is found. Courts invested under section 388, usually Joint District Judge courts, hear most cases in practice.[1]

How much is the court fee for a succession certificate?

Under Article 11 of Schedule I to the Court-fees Act 1870, 1 per cent where the debts and securities exceed Tk 20,000 and do not exceed Tk 1 lakh, and 2 per cent above Tk 1 lakh. Heirs usually pay it through a deposit made from the deceased's funds on the judge's direction.[4] [1]

Is a warish certificate enough to withdraw money from a bank?

Not usually. A warish certificate is an administrative list of heirs. Where there is no nominee, banks generally require a succession certificate, because only a court certificate gives them statutory protection when they pay.[1] [5]

Who issues a warish certificate?

The Union Parishad in rural areas, the municipality in pourashava areas, and the city corporation's ward-level or regional office in cities. It cannot resolve contested heirship, which must go to the civil court.[12] [8]

Do I need a succession certificate if the account has a nominee?

Generally no. Under section 103 of the Bank Company Act 1991 the bank may pay the nominee and is discharged, although other heirs' claims against the nominee are preserved and the courts have treated the nominee's position as open to challenge.[5] [10]

What is the difference between a succession certificate and probate?

Probate proves a will and confirms the executor's authority over the estate. A succession certificate covers only listed debts and securities. Where probate is required, a certificate cannot be granted for the same assets.[1] [2]

Can an heir living abroad apply?

Yes. Most act through an attorney under the Power of Attorney Act 2012. A power executed abroad must be authenticated by the Ministry of Foreign Affairs after arrival and stamped through the Collector.[7]

Can a succession certificate be challenged?

Yes. An order can be appealed to the High Court Division, or to the District Judge where an inferior court made it, and a certificate can be revoked for fraud, concealment, defective proceedings or a later court decree.[1]

Does a succession certificate transfer land?

No. It deals with debts and securities. Land passes to the heirs under their personal law and is recorded through mutation and, where needed, partition.[3]