ISLAMABAD: Although parliament has passed legislation providing for a mechanism to issue letters of administration and succession certificates, these documents can only be issued by the National Database and Registration Authority (Nadra) after a notification to this effect by the federal government.

The necessary legislation was passed by the Senate on Monday. It had already been passed by the National Assembly.

A senior Nadra official told Dawn on Thursday that the act is to come into force on dates appointed by the government through a notification in the official gazette. He said the notification has yet to be issued.

Another official told Dawn the law was only meant for Islamabad, but the governments of Punjab and Khyber Pakhtunkhwa were in the process of following it as well. He hoped that the other provincial governments would follow suit.

Succession certificates are currently issued by civil judges, but since they also adjudicate on other legal suits the process can take months. The new legislation empowers Nadra to issue certificates to legal heirs following an individual’s death in accordance with the family tree in its database.

The act’s statement of objects and reasons reads: “Upon the death of an individual, the legal heirs languish in courts for years before they are able to obtain letters of administration (for immovable properties) and succession certificates (for movable properties).

“Nearly half of the population of Pakistan is likely to be involved in litigation, whereby courts are required to issue orders for the grants of letters of administration and succession certificates. Via this legislation, wherever, Nadra has a citizen database, and there is no dispute amongst the legal heirs, it may, after inviting public objections in newspapers, issue letters of administration and succession certificates, without the need of approaching courts.”

Under this law, Nadra will have to set up a succession facilitation unit for the purpose of receipt, processing and assessment of applications to grant these documents.

In case of any factual controversy among legal heirs, the unit can decline to assess the applications which would be filed anew before the appropriate forum in accordance with the law.

Nadra is also supposed to maintain an online portal providing updated records of letters of administration and succession certificates issued under the act.

Applicants for a succession certificate would be required to append their applications the death certificate of the deceased, a list of legal heirs and copies of their national identity cards, an authorisation in the prescribed form by legal heirs in favour of the applicant and details of the concerned immovable and movable property.

Upon receipt of the application, a public notice would be published on a web portal to be maintained by Nadraand in an English and an Urdu language daily newspaper of wide circulation.

Where there is no objection or claim received within 14 days of publication, Nadrashall obtain biometric verification of the applicant and all legal heirs.

Once the formalities have been complied with, the applicant shall appear before Nadraafter which a succession certificate will be issued in favour of the legal heirs. No court shall exercise jurisdiction until such time that the authority declines to process the application.

Published in Dawn, February 7th, 2020