THE KHYBER PAKHTUNKHWA LETTERS OF ADMINISTRATION AND SUCCESSION CERTIFICATES RULES, 2021

GOVERNMENT OF THE KHYBER PAKHTUNKHWA REVENUE AND ESTATE DEPARTMENT

NOTIFICATION

Peshawar, dated the 16th July, 2021

No. 17987 - In exercise of the powers conferred by section 13 of the Khyber Pakhtunkhwa Letters of Administration and Succession Certificates Act, 2021 (Khyber Pakhtunkhwa Act No. X of 2021), read with sections 5, 6, 7 and 9 thereof, the Government of Khyber Pakhtunkhwa is pleased to make the following rules, namely:-

1. Short title and commencement.

(1) These rules shall be called the Khyber Pakhtunkhwa Letters of Administration and Succession Certificates Rules, 2021.
(2) They shall come into force at once.

2. Definitions.

(1) In these rules, unless there is anything repugnant in the subject or context,- (a) “Act” means the Khyber Pakhtunkhwa Letters of Administration and Succession Certificates Act, 2021 (Khyber Pakhtunkhwa Act No. X of 2021); (b) “applicant” means a person authorized to make an application under section 6 of the Act; (c) “Authority” means the National Database and Registration Authority established under section 3 of the National Database and Registration Authority Ordinance, 2000; (d) “Ordinance” means the National Database and Registration Authority Ordinance, 2000 (Ord. No. VIII of 2000); and (e) “property” includes movable and immovable property. (2) The words and expressions used but not defined in these rules shall have the same meanings as are respectively assigned to them in the Act.

3. Application for the grant of Letter of Administration or Succession Certificate.

An application for the grant of Letter of Administration or Succession Certificate may be made by the applicant, at any notified office of the Authority, in the form set out in Schedule-I, along with the following documents, namely:
(a) death certificate of the deceased;
(b) list of the legal heirs and copies of their National Identity Cards which may include a CNIC, NICOP or any such instrument issued by the Authority; (c) an authorization in the form set out in Schedule-I by the legal heirs in favour of the applicant; and (d) documentary evidence of ownership of immovable and movable properties in respect of which the Letter of Administration or Succession Certificate is applied for:
Provided that in case of immovable property, the applicant shall submit a certificate in original of ownership issued by the relevant registry or department or office.

4. Summary Inquiry.

(1) Upon receipt of an application, the Authority may require from the applicant, such evidence, documentary or otherwise, or may make such inquiries as it deems fit.
(2) In case of any factual controversy, the Authority shall decline to process the application and inform the applicant accordingly.

5. Publication of notice.

(1) Where there is no factual controversy involved, a notice shall be published in one English language and one Urdu language daily newspaper of wide circulation for inviting objections from the general public. A similar notice shall also be published on the web portal of the Authority. (2) Where no objection or claim is received within fourteen days of the publication of notice, the Authority shall require the applicant and all legal heirs to appear in person, in any of its notified offices, for bio-metric verification. (3) Upon verification, if the Authority is satisfied, it may issue the Letter of Administration or the Succession Certificate, as the case may be, in favour of the applicant, and the legal heirs, in the forms as set out in Schedules II and III of these rules, as the case may be. (4) Where bio-metrics of a legal heir is not verified, the Authority may require the legal heir to appear in person before the Authority or the Authority may resort to any other modern device with a view to satisfying itself as to the identity of any legal heir.

6. Duplicate or amended certificates.

(1) The Authority may, for any Letter of Administration or Succession Certificate which is lost, stolen, destroyed or damaged, issue a duplicate Letter of Administration or Succession Certificate to the applicant.
(2) For the purposes of sub-rule (1), in case of lost or stolen Letter of Administration or the Succession Certificate, a copy of the FIR reporting such fact shall be submitted to the Authority and in case of a destroyed or damaged Letter of Administration or Succession Certificate, the original instrument shall be surrendered to the Authority. (3) In case of an error, a Letter of Administration or Succession Certificate may be amended by making an application to the Authority, which may, subject to surrender of the original Letter of administration or the Succession Certificate, issue a revised Letter of Administration or the Succession Certificate. (4) For the purposes of issuing a duplicate or revised Letter of Administration or Succession Certificate, the Authority may conduct an inquiry or require from the applicant such evidence as it deems necessary. (5) A duplicate or revised Letter of Administration or Succession Certificate shall be issued upon payment of such fee as is provided in Schedule IV of these rules.

7. Fee and cost.

(1) The Authority shall charge fee and other charges for its services as specified in Schedule-IV.
(2) The Authority shall make necessary arrangements for the collection of fee and other charges and may collect, or cause to be collected, the fee for issuance of the Letters of Administration or Succession Certificates at any time prior to or along with the deposit of application, as it may deem fit. (3) The Authority may adopt any mode or manner for collection of the fee and other charges as it may deem fit for achieving efficiency and facilitating the deposit and collection of fee and other charges by and from the applicant. (4) If an application is declined due to factual controversy or upon objection of any person or due to any dispute at the stage of verification, fees and other charges, if any, collected by the Authority, shall be refunded to the applicant after deducting processing charges as specified in Schedule-IV.

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SCHEDULE-IV: Fee and Cost

(1) Fee specified below shall be attached with every application:
(a) Initial Application: Rs. 20,000/-
(b) Application for Duplicate or amended certificate: Rs. 5000/- (6) In case the value of the property is less than Rs. 100,000/-, then the fee prescribed at serial number 1(a) above shall be Rs. 10,000.