SBC moves SHC against succession certificate law

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The Sindh Bar Council has challenged the province’s succession law at Sindh Hight Court, it was learnt on Thursday.

The Bar in a petition has challenged Sindh’s Letter of Administration and Succession Certificate Act 2021 in the court.

The high court has issued notices to the Deputy Attorney General and the Advocate General Sindh.

According to the petition, the National Database Registration Authority (NADRA) has been entrusted parallel judicial powers with regard to issuance of succession certificates.

“The law will create complications in transfer of property and cash to widows and orphans,” according to the petition.“

The federal and provincial governments have failed to consult with the Bar over the law,” the plea said.

 

The law should be sent back to the national and provincial assemblies with instructions to remove legal complications in the law, the Bar pleaded to the court.

Sindh recently passed the new succession law, under which heirs of a deceased could seek a succession certificate from the NADRAinstead of taking the matter to a court.

It is to be mentioned here that passage of the bill in Senate last year in February, the parliament completed its legislation to provide a mechanism to issue letters of administration and succession certificates to heirs.

According to the legislation these documents only be issued by the National Database and Registration Authority (Nadra).

Before the new legislation, succession certificates were 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.

 

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