The Punjab Letters of Administration and Succession Certificates Act 2021

An Act to provide for an efficacious and speedy mechanism for issuance of Letters of Administration and Succession Certificates.

It is expedient to provide for an efficacious and speedy mechanism for facilitating issuance of Letters of Administration and Succession Certificates, aimed at curtailing fraud and forgery. Be it enacted by Provincial Assembly of the Punjab as follows:

1. Short title, extent and commencement. (1) This Act may be cited as the Punjab Letters of Administration and Succession Certificates Act 2021. (2) It extends to whole of the Punjab. (3) This Act or any part thereof shall come into force on such dates as the Government may, by notification in the official Gazette, appoint.

2. Definitions. (a) “Authority” means the National Database and Registration Authority; (b) “factual controversy” includes an objection by legal heirs or any claimant of legal heirship, or dispute in establishing identity; (c) “Government” means Government of the Punjab; (d) “legal heir” means a person who has entitlement to a share in the property of the deceased; (e) “prescribed” means prescribed by the rules; (f) “rules” means the rules made under this Act.

3. Issuance of Letters of Administration or Succession Certificates. Notwithstanding anything contained in any other law, the Authority may issue Letters of Administration or Succession Certificates to the legal heirs of a deceased in respect of immovable or movable property, in accordance with the Family Registration Certificate.

4. Establishment of Succession Facilitation Unit. (1) The Authority shall establish a Succession Facilitation Unit for receipt, processing and assessment of applications. (2) The Authority may notify existing offices as Succession Facilitation Units. (3) The Authority may appoint officers, staff, experts, and consultants to carry out functions under this Act.

5. Functions of Succession Facilitation Unit. The Unit shall: (a) receive applications; (b) process and assess applications via summary enquiry, declining to assess in cases of factual controversy; (c) maintain an online portal; (d) discharge incidental or necessary functions.

6. Application for Letters of Administration or Succession certificates. (1) Application shall be made to the Authority by the legal heirs. (2) Application may be filed in the jurisdiction where the deceased resided or assets are located. (3) Applications must include death certificate, list of legal heirs with identity cards, authorization by legal heirs, and details of property. (4) Upon receipt, a notice shall be published on a web portal and in one English and one Urdu daily newspaper. (5) If no objection is received within fourteen days, the Authority shall obtain bio-metric verification of the applicant and legal heirs. (6) Upon compliance, the Authority shall issue the Letter of Administration or Succession Certificate. (7) These certificates shall have the same effect as those issued under the Succession Act 1925.

7. Forms of Letters of Administration and Succession Certificates. Certificates shall be issued in forms prescribed by the Authority.

8. Objection to Letters of Administration and Succession Certificates. Any person objecting may seek remedies under any other applicable law.

9. Fee and costs. The Authority may charge prescribed fees, which shall be credited to the NADRA Fund.

10. Bar of Jurisdiction. No court shall exercise jurisdiction until the Authority declines to process an application.

11. Penalty, offences and trial. Provisions of the National Database and Registration Authority Ordinance 2000 shall apply.

12. Act to override other laws. This Act shall have effect notwithstanding anything in any other law.

13. Power to make rules. The Government may make rules to carry out the purposes of this Act.

14. Repeal. The Punjab Letters of Administration and Succession Certificates Ordinance 2021 is hereby repealed.