What is a Decline Certificate and Why is it Important?
What is a Decline Certificate and Why is it Important?
Introduction
In Pakistan, the process of inheritance and estate management has been simplified by NADRA (National Database and Registration Authority) through the issuance of Succession Certificates. This initiative aims to ease the burden on courts and make inheritance matters smoother for families. However, NADRA has certain limitations when it comes to processing inheritance cases. In such cases, a Decline Certificate is issued, which is necessary to proceed with legal proceedings in court.
In this article, we will explore what a Decline Certificate is, the reasons why NADRA may deny an inheritance case, and the importance of obtaining a Decline Certificate before approaching the court.
What is a Decline Certificate?
A Decline Certificate is an official document issued by NADRA that states that the authority is unable to process an inheritance or succession certificate due to specific limitations. It acts as a formal refusal by NADRA to proceed with the case and serves as a prerequisite for filing an inheritance case in court.
When an applicant applies for a Succession Certificate through NADRA, the authority reviews the case and determines whether it falls within its jurisdiction. If NADRA finds that the case does not meet its criteria, it issues a Decline Certificate, which allows the applicant to take their case to the civil court.
Reasons Why NADRA Issues a Decline Certificate
NADRA has defined several reasons for declining a Succession Certificate application. These reasons include:
1. Minor in the Family
If one or more legal heirs of the deceased are underage (below 18 years), NADRA cannot process the case, as minors require legal guardianship, which can only be determined by a court.
2. One or More Legal Heirs Were Married and Passed Away
If a legal heir was married and has also passed away, their share in the inheritance must be distributed among their own heirs. Since NADRA’s system is unable to handle such complex successions, the case must be taken to court.
3. Mentally Challenged Person in the Family
If any of the legal heirs is mentally challenged or declared legally incapacitated, the inheritance process requires the court’s intervention to appoint a guardian for that heir.
4. Asset Location is Outside NADRA’s Jurisdiction
NADRA can only process cases where the assets are located within its jurisdiction. If the property or assets are located in different cities or provinces, the case needs to be settled in court.
5. Non-Cooperation Among Family Members
If any legal heir refuses to cooperate in the NADRA succession process, the case is declined. Inheritance matters require the consensus of all legal heirs, and in the absence of agreement, the court becomes the only viable option.
6. Unable to Link Family Tree
NADRA’s system relies on digital family records. If the system is unable to verify or link the family tree due to missing records, the application is declined.
7. Dispute Among Legal Heirs
If there is an ongoing dispute between legal heirs regarding the distribution of the inheritance, NADRA cannot issue a Succession Certificate. Instead, the case must be resolved in court.
8. Banned Properties by Concerned Departments
If the property in question is government-owned, under litigation, or banned by any concerned department, NADRA does not have the authority to issue a certificate.
9. One or More Legal Heirs Are Not CNIC Holders or Had an MNIC
If any of the legal heirs does not have a valid CNIC or only had an old MNIC (Manual National Identity Card), NADRA cannot proceed with the case.
Why is a Decline Certificate Important?
A Decline Certificate is a crucial document because the court will not entertain an inheritance case without it. It serves as official proof that NADRA has refused to process the case, allowing the applicant to seek legal recourse through the judicial system.
1. Mandatory for Court Proceedings
Before initiating a case in court for a Letter of Administration or Succession Certificate, you must obtain a Decline Certificate from NADRA. Without this document, the court will not accept the case.
2. Serves as Official Proof
The Decline Certificate provides legal proof that NADRA was unable to process the case, which strengthens your position when filing a court petition.
3. Speeds Up the Legal Process
Having a Decline Certificate eliminates unnecessary delays in the court process. Since the document clearly states the reason for NADRA’s refusal, the court can directly proceed with the case.
4. Ensures Transparency
With a Decline Certificate, the legal process remains transparent, preventing fraudulent claims or misrepresentation.
How to Obtain a Decline Certificate
Getting a Decline Certificate is a simple process:
- Visit the nearest NADRA office and submit your application for a Succession Certificate along with the required documents.
- NADRA will review the case and determine whether it can proceed.
- If your case falls under any of the decline reasons, NADRA will issue a Decline Certificate on the spot.
Once you receive the Decline Certificate, you can proceed with your case in court.
What to Do After Receiving the Decline Certificate?
Once you obtain the Decline Certificate, follow these steps:
- Hire a Lawyer – Engage a legal expert who specializes in inheritance cases.
- File a Case in Court – Your lawyer will submit a petition in the relevant court.
- Legal Proceedings – The court will review the case and issue a Letter of Administration or Succession Certificate.
- Estimated Time & Cost – The legal process typically takes a minimum of 3 months, and lawyers may charge 1-2% of the total property value.
Final Thoughts
A Decline Certificate is an essential document in cases where NADRA is unable to process a Succession Certificate. It acts as a gateway for legal proceedings in court, ensuring a smooth inheritance process. If you are dealing with inheritance issues, obtaining a Decline Certificate should be your first step before approaching the court.
For more information on how to get a Letter of Administration, check out this detailed guide: How to Get a Letter of Administration If the Deceased Was Not a CNIC Holder.
By understanding the importance of a Decline Certificate, you can save time and avoid unnecessary legal hurdles in securing your rightful inheritance.
