The newly promulgated Succession Act, 2021 and its impact on lawyer’s livelihood
The beauty and sanctity of the legal profession lies in its diversity pertaining to address range of issues. Over years the prestigious profession of law has observed shifting dimensions in order to bring betterment in Pakistan. The efforts made towards the cause are always lauded and absolutely supported by the legal fraternity. But lately the occurrence of certain events tends to make a reasonable person dubious about the intention of legislature. For instance, the promulgation of The Punjab Letter of Administration and Succession Certificates Act, 2021 has a serious impact on the bread and butter of lawyers specifically the young lawyers. The dilemma lies in the fact that the legislature seems to curtail the prerogatives and powers of the advocates by containing their professional services under the guise of serving the public at large. Not only it is an attempt to meddle with the affairs of the profession but also amounts to a ruthless act of taking away a decent mode of winning bread from the young lawyers and a chance of sustainability. But before digging further, it is important to discuss the concept of Succession Certificate and the changes that have been made.
Succession Certificate and Letter of Administration is issued to the successor on behalf of a deceased person that establishes the ownership of legal heirs /successors over the deceased persons movable and immovable property. A Letter of Administration/Certificate of Succession is issued when an application is made for claiming the charge of the left property of a deceased person being legal heirs in respect of his movable or immovable property. After the commencement of Letters of Administration and Succession Certificates Act, 2021, National Database and Registration Authority (“NADRA”) has the power to issue such certificates.
NADRA may notify any of its existing offices as ‘Succession Facilitation Unit’, at such place or places as it may deem appropriate. Application may either be made by a legal heir, having authority from all other legal heirs of the deceased person, in the prescribed manner before NADRA within whose jurisdiction the deceased ordinarily resided at the time of his death, or within whose jurisdiction any property or asset of the deceased is located. On the receipt of such application, NADRA would process application following the FRC (Family Registration Certificate).
Before enactment of The Punjab Letter of Administration and Succession Certificates Act, 2021 the matters related to Succession Certificate were dealt under The Succession Certificate, 1925 which entrusted the Civil Court with power to grant the certificate. A Civil Court had the jurisdiction to issue such certificate through the counsel of the successor. It is rather important to note that people did not have to go through a whole new procedure to establish their right. The legislature’s endeavor to relieve the society has actually disturbed a striking balance and the burden is on the naïve now. Under this new Act the amount as high as Rs. 20,000 has been made compulsory as a fee to obtain the Succession Certificate followed by a lengthy procedure which means waste of time and money in order to dispense rights. It under no circumstances can be believed to have relieved the public rather appears that legislature targeted to fill in the government treasury at the expense of stealing away opportunities to support life from young lawyers and burdening the public by extracting heavy amount from their pockets. It therefore leaves us with the query whether the legislature really intent to accentuate the social crises and help mitigate them or it just plays puppet at the hands of some mafia.
