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| Succession Certificate Vs Letter of Administration |
Although, Succession Certificate and
Letter of Administration are oftenly used together and interchangeably but both
terms are different from each other and their purposes are also different. This
article, will explain about what is difference between Succession Certificate
and Letter of Administration in detail. Let’s first talk about Succession
Certificate.
Succession Certificate
Succession Certificate entitles the legal heirs of a
deceased person to get their respective legal and Sharai Shares only
in movable properties left behind deceased person.
A number of things are included in
movable properties like prize bonds, cash, amount lying in a Bank account, saving
certificates, cars, motorcycle, bus, truck, gold, jewelry etc.
In short, movable properties mean those properties which can be moved easily from one place to another place without being damaged or destroyed.
Be noted, a Succession Certificate
cannot be used by the legal heirs of a deceased person to get their shares in
immovable properties of a deceased.
Letter of Administration
A Letter of Administration entitles
the legal heirs of a deceased persons to get their respective legal and Sharai Shares
only in immovable properties of
a deceased.
A number of things are included in immovable
properties like House, Open Plot, Agricultural land, building, Plaza, units, basement,
flat, shop.
In short, Immovable properties mean those properties which cannot be moved/ shifted from one place to another. Things which are attached to the earth or permanently fastened are called immovable properties.
NADRA’s jurisdiction regarding Succession Certificate and Letter of Administration
After
promulgation of “The Letters of Administration and Succession Certificates Act”,
anyone who wishes to obtain Succession Certificate and or Letter of Administration
regarding movable and or immovable properties of deceased must approach to
NADRA only.
However, if NADRA refuses to issue
Succession Certificate or letter of administration due to any reason and issue
a Decline Certificate, in such case, civil courts are here to process your
request.
It is not out of context to mention here that in civil courts two separate cases are required to be filed, first one is Application for Succession Certificate which is for movable properties and second one is Suit for declaration of legal heirs which is for immovable properties.
Initially,
“Letters of Administration and Succession Certificates Act 2020” was
promulgated in
In
One Affidavit for both Succession Certificate and Letter of Administration
In
NADRA, either you apply for Succession Certificate or Letter of Administration
or both, all the properties either
movable or immovable of deceased are required to be mentioned in one Affidavit/AuthorizationFor Letter of Administration/Succession Certificate.
History of Succession Certificate and Letter of Administration / Heirship certificate
Before authorizing
NADRA under the above said Act, the applicants were required to directly
approach Civil Courts for obtaining Succession Certificate/ Letter of Administration/
Heirship Certificate without first approaching the NADRA.
Another
thing, which I would like to mention here that for transfer of a Car/vehicle being
an movable property, some courts had issued succession certificate for
regarding car/ vehicle but some courts were of the view that a Suit for declaration
and mandatory injunction, impleading the Excise Office as defendant, can be
filed for transferring /or disposing of
a car belongs to a deceased person.
FAQS
What is difference between letter of Administration and Succession Certificate?
Letter of Administration is designed for immovable properties of deceased however succession certificate id designed for movable properties of deceased. Detailed explanation about is already available in the main article.
Do all the NADRA offices issue Succession Certificate and Letter of Administration?
No, all the NADRA offices do not issue Succession Certificate and Letter of Administration. Only specific and designated NADRA offices issue these documents. Click the following link to know NADRA offices in different areas. https://www.nadrabox.com/2023/05/nadra-offices-for-succession.html
Can you apply for Succession Certificate and Letter of Administration about the properties of a person before his death?
No, Succession Certificate and Letter of Administration can be applied only after the death of a person for his movable and immovable properties.
Can you apply for Succession Certificate and Letter of Administration at the same time?
Yes, you can apply for Succession Certificate and Letter of Administration at the same time. There is no need to apply for these documents separately.
Can you apply for Succession certificate and letter of administration directly from Civil court in Islamabad, Punjab, Sindh and KPK without approaching NADRA?
No, you cannot apply for Succession certificate and letter of administration directly from civil court, you must have to approach to NADRA for issuance of same. If NADRA does not process your application, in such case, you can apply to the court.