Succession Certificate in Islamabad: NADRA or Court?

When someone dies leaving bank balances, shares, savings certificates or property, the legal heirs usually need an official document before banks, registries or companies will release or transfer those assets. In Islamabad Capital Territory (ICT), there are two routes to that document: an application to NADRA under a 2020 federal law, or a petition to the civil court under the Succession Act, 1925. This guide explains how the two routes relate and when each one applies.

The two documents: succession certificate and letters of administration

The two documents are often confused, but they do different jobs.

• Succession certificate. Under Part X of the Succession Act, 1925, a succession certificate is granted for debts and securities owed to the deceased. "Securities" is defined to include, for example, government securities and shares or debentures in a company (section 370(2)). The certificate lists the debts and securities concerned and may empower the holder to receive interest or dividends on them, or to negotiate or transfer them (section 374). In practical terms, it is the document commonly requested for bank balances, shares and similar movable assets.
• Letters of administration. Letters of administration appoint an administrator of the deceased's estate. Under section 211 of the Succession Act, the administrator is the deceased's legal representative and the estate vests in him or her (subject to exceptions for, among others, Muslims, where property would pass by survivorship). Letters of administration are therefore a broader instrument for administering an estate. For a Muslim who died without a will, administration may be granted to any person entitled to the whole or part of the estate (section 218).

Which document an institution asks for depends on the asset and the institution's own requirements. Transfers of land are often dealt with through the relevant land record or development authority procedure, which may have its own documentary requirements. It is sensible to ask each bank, registry or company in writing which document it needs before applying.

The NADRA route under the 2020 Act

The Letters of Administration and Succession Certificates Act, 2020 (Act No. VI of 2020) extends to the whole of Islamabad Capital Territory. It allows NADRA to issue letters of administration and succession certificates to the legal heirs of a deceased person, in line with the Family Registration Certificate that NADRA maintains (section 3). NADRA is required to set up a Succession Facilitation Unit to receive, process and assess applications (section 4).

In outline, the Act provides that:

• the application is made to NADRA by the legal heirs, who may authorise one of themselves, in a prescribed form, to apply on behalf of all (section 6(1));
• it may be filed at the notified NADRA office for the area where the deceased ordinarily resided at death, or where any of the property is located (section 6(2));
• NADRA publishes a public notice on its web portal and in one English and one Urdu daily newspaper (section 6(4));
• if no objection or claim is received within the period stated in the Act after publication of the notice, NADRA obtains biometric verification of the applicant and all legal heirs, and may require a legal heir whose biometrics cannot be verified to appear in person (section 6(5));
• once the formalities are complete, NADRA issues the document in favour of all legal heirs, setting out each heir's share as provided in the applicable personal law (section 6(6));
• a document issued under the Act has the same effect as if it had been issued under the Succession Act, 1925 (section 6(7)).

NADRA may charge fees prescribed for this service (section 9). Fees and processing times are set by NADRA and may change, so please check NADRA's current schedule before applying.

Documents commonly required

Section 6(3) of the 2020 Act lists the documents to be attached to an application:

• the death certificate of the deceased;
• a list of the legal heirs and copies of their national identity cards;
• an authorisation in the prescribed form by the legal heirs in favour of the applicant; and
• details of the immovable and movable property for which the document is sought.

NADRA may ask for further supporting documents in particular cases. Because NADRA's own guidance pages can change, applicants should check the current list on NADRA's succession portal or at the Succession Facilitation Unit before attending.

When the civil court route applies

The 2020 Act is designed for straightforward, undisputed cases. NADRA's Succession Facilitation Unit must decline to assess an application where a "factual controversy" arises, and the heirs then file afresh before the appropriate forum under the Succession Act, 1925 or other applicable law (section 5(b)).

The Act defines "factual controversy" to include an objection by legal heirs or by anyone claiming to be a legal heir, and cases where at least one of the legal heirs is a minor (section 2(b)). Section 10 provides that no court shall exercise jurisdiction until NADRA declines to process the application.

In the civil court, an application for a succession certificate is made to the District Judge for the area where the deceased ordinarily resided, or where property is found (sections 371–372). The petition must set out, among other things, the time of death, the family and near relatives, the right in which the petitioner claims, and the debts and securities concerned. The court gives notice, hears the matter and decides the right to the certificate summarily (section 373). The court may require the person receiving the certificate to give a bond or other security (section 375).

What happens if the heirs disagree

If an heir objects, or someone claims to be an heir, the NADRA route is generally closed and the matter moves to court. Under section 373 of the Succession Act:

• the District Judge decides summarily who is entitled to the certificate;
• where the questions of law or fact are too intricate for a summary proceeding, the judge may still grant the certificate to the applicant who appears to have the best prima facie title;
• where several applicants are interested in the estate, the judge may take into account the extent of their interest and their fitness.

A decision in these summary proceedings does not prevent the same question being tried in a regular suit between the same parties (section 387). A certificate can also be revoked on the grounds set out in section 383. Where heirs dispute the division of the estate itself, separate proceedings, such as a suit for partition, may be needed.

Shares of the heirs

For Muslims, the shares of each heir are determined by Islamic personal law, which differs in some respects between schools of thought. The 2020 Act requires NADRA to state each heir's share "as provided in the personal law". This guide does not set out the share calculations, which depend on the family members who survive the deceased. Specific advice should be taken where the family structure is complex, where there is a will, or where an heir has died after the deceased.

Frequently asked questions

Do we have to go to NADRA first?

Section 10 of the 2020 Act says no court shall exercise jurisdiction until NADRA declines to process the application. Whether this applies to every case in Islamabad is a point to confirm with your lawyer, particularly where a dispute is already known.

One of the heirs is a child. Can NADRA still issue the certificate?

The Act treats a case where at least one legal heir is a minor as a "factual controversy", which NADRA declines to assess. Such cases go to the appropriate court.

Can heirs living abroad take part?

The Act allows heirs to authorise one heir to apply on behalf of all, and NADRA obtains biometric verification of each heir. Arrangements for verification abroad, for example through Pakistan's missions, should be checked with NADRA or the relevant mission before relying on them.

How long does it take, and what does it cost?

Fees are set by NADRA and timelines vary. Court proceedings depend on whether objections are raised. Please check NADRA's current fee schedule and ask your lawyer for an estimate based on your circumstances.

Sources

• Letters of Administration and Succession Certificates Act, 2020 (Act No. VI of 2020) — Ministry of Law and Justice: molaw.gov.pk; National Assembly: na.gov.pk
• Succession Act, 1925 — Pakistan Code: pakistancode.gov.pk
• NADRA succession portal (ICT): ictsuccession.nadra.gov.pk
• Corroborating press: Business Recorder, 10 February 2021, "Letters of Administration, Succession Certificates Act, 2020: Farogh calls for effective implementation"; ProPakistani, January 2021, NADRA succession certificate initiative

This guide is general information only and is not legal advice. The law and procedures may change, and the right route depends on your circumstances. Please take advice on your specific situation.