NADRA Succession Certificate: No More Rs22000 Fee.

Sindh High Court Challenges Nadra’s Hefty Succession Certificate Fees

The Issue:

The case stemmed from a petition filed against Nadra’s hefty fee of Rs. 22,000 for these legal documents.

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The petitioner’s lawyer argued that this charge was excessive and lacked justification under Section 5(2)(h) of The Nadra Ordinance 2000.

Court’s Observations:

A two-judge Sindh High Court (SHC) bench, comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito, conducted the hearing. They observed that:

• The Rs. 22,000 fee appeared unreasonable and could be seen as a deduction from the deceased’s estate (tarka).
• As per Shariah law, only legal heirs have the authority to decide the distribution of tarka.
• Nadra charging a fee even when it declined to issue a certificate seemed unfair, as declining a service shouldn’t incur a cost.

Court’s Orders:

Based on these observations, the SHC issued the following orders:

• Notices Issued: Notices were issued to Nadra, the Deputy Attorney General (DAG), and the Advocate General (AG) of Sindh for a hearing scheduled on September 26, 2024.
• Stay on Fee Collection: In the meantime, the court directed Nadra officials to refrain from charging any fee for succession certificates and letters of administration, except for the standard fee associated with issuing documents like CNICs and Family Registration Certificates (FRCs).

Significance of the Ruling:

This SHC decision holds significant value for Pakistani inheritors.

• Reduced Financial Burden: The exorbitant Rs. 22,000 fee can be a significant financial burden for families already dealing with the loss of a loved one. This ruling offers potential relief by limiting fees to standard issuance charges.
• Fairness and Transparency: The court’s observation regarding charging a fee even for rejected applications highlights a lack of transparency in Nadra’s fee structure. This ruling paves the way for a more transparent and fair system.
• Public Importance: By recognizing the public importance of this issue, the SHC acknowledges the impact Nadra’s fees have on ordinary citizens.

The Future:

The upcoming hearing in September 2024 will determine the final outcome.

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