How to Get Succession Certificate in Pakistan?
Succession Certificate: We live in a society where ignorance of the law is taken for granted. We turn to any lawyer when it is too late or when we or our property have suffered damage. Legal awareness and education are a must in this day and age where there are many laws, regulations, and policies available to carry out a particular act.
Similarly, many people do not know the law of succession in Pakistan. In this article, you will learn how to obtain a Succession Certificate / Letter of Administration after the death of a person. What are the requirements to get it? Where can it be found? This article will answer all these questions. So let’s start seeing the details:
Definitions of Succession Certificate and Letter of Administration
Before we go further into the details, it is important to know what is meant by a succession letter and a letter of administration. Certificates of succession and letters of administration are documents issued to the legal heirs of a deceased person that demonstrate the transfer of ownership from the deceased person to their successors/legal heirs.
Succession Certificate: This is a certificate issued to the deceased’s legal heirs for the deceased’s movable property, i.e. a car, cash in the bank, etc.
Letter of Administration: This is a certificate issued to the deceased’s legal heirs for the deceased’s immovable property/land, i.e. land, house, etc.
Note: In the upcoming sections of this article, the word “succession certificate” will only be used for succession letters and letters of administration to avoid complexity.
Importance of Succession Certificate
When a person dies, their legal heirs will not be able to acquire or claim the property or assets of the deceased unless they receive a succession certificate from the relevant authority. For example, if you want to withdraw cash from the deceased’s bank account, you need a certificate of administration. You need a certificate of administration to distribute the deceased’s property among the legal heirs.
Additionally, some fraudsters can access the deceased’s property without your knowledge. Therefore, to eliminate the chances of fraud, you need to get a succession certificate.
Issuing Authority
To facilitate the people, the Government of Pakistan has passed a law, namely the Letters of Administration and Succession Certificates Act, 2019, which gives the power to issue succession certificates to the National Database and Registration Authority (NADRA).
Prior to this, the civil courts had the power and jurisdiction to issue certificates of succession under the authority provided by the Succession Act, 1925.
Procedure for getting a Succession Certificate
Succession Certificates are issued by the Succession Facilitation Unit (SFU) of NADRA. Before applying for the certificate, you must check which NADRA office in your area provides SFU services.
The steps required to obtain a succession certificate are as follows:
Step 1: Application:
You have to apply to NADRA along with the following documents.
- Death Certificate of the deceased
- List of legal heirs and copies of their CNIC
- An affidavit/authorization on a form (available with NADRA)
- Details of moveable and immoveable properties
Step 2: Notice to General Public:
NADRA will invite the general public by notice in Urdu and English newspapers and publication on its website where objections, if any, will be made.
Step 3: Biometrics:
In case no objection is raised within 14 days, NADRA will obtain biometric verifications of the applicant and all other legal heirs.
Step 4: Issuance of Certificate:
After obtaining the biometric verification, NADRA will issue the succession certificate.
Fee for Succession Certificate
NADRA charges a small succession certificate fee, which depends on the value of the property. The fee details are as follows:
| Description | For Assets worth equal or more than ( Rs. 100,000) | For Assets worth less than ( Rs. 100,000) |
|---|---|---|
| New/Fresh Application | Rs 20,000 | Rs 10,000 |
| Duplicate Application | Rs 5,000 | |
| Amend Application (Modification/Reprint Loss) | Rs 5,000 | |
| Decline Certificate Fee | Rs. 15,000 for assets more than Rs 100,000 | Rs. 5,000 for assets more than Rs 100,000 |
| Office Mistake | Free of Cost | |
Conclusion
In Pakistan, where civil courts take a lot of time to decide a case/suit, it has become very easy, fast, and economical to get a succession certificate by passing a new law. The procedure is smooth and uncomplicated.
You can get this without hiring a lawyer (but consult one before proceeding).
Also read: How to Transfer Car Title of a Deceased Person in Pakistan?