AFFIDAVIT OF LEGAL HEIRS IN SUPPORT OF A MUTATION OF INHERITANCE (VIRASAT INTKAL)
BEFORE THE CIRCLE REVENUE OFFICER, TEHSIL Jagraon, DISTRICT Ludhiana, PUNJAB
Presented through the Halqa Patwari of the revenue estate of Village Bassian, Hadbast No. 148
IN THE MATTER OF the estate of the late Gurdial Singh, and of the mutation of inheritance of the holding described in the SCHEDULE to this affidavit
AND IN THE MATTER OF mutation (intkal) no. 5127 entered in the register of mutations of that revenue estate
I, Harbans Kaur, widow of the late Sardar Gurdial Singh, aged about 61 years, Agriculture by occupation, resident of Village Bassian, Tehsil Jagraon, District Ludhiana, Punjab 142026, Voter ID PB/14/098/271634, do solemnly affirm and state on oath as follows.
- THE DECEASED
1.1 Gurdial Singh, son of Sardar Jagat Singh, son of Sardar Nand Singh ("the deceased"), who at the date of death was residing at Village Bassian, Tehsil Jagraon, District Ludhiana, Punjab 142026, died at Village Bassian, Tehsil Jagraon, District Ludhiana on 1 April 2026.
1.2 The deceased is recorded as an owner (malik) in the jamabandi of the revenue estate of Village Bassian, Hadbast No. 148, Tehsil Jagraon, District Ludhiana, in the manner set out in the SCHEDULE below.
1.3 The name of the deceased is entered in the jamabandi and in the connected revenue records as "Gurdyal Singh son of Jagat Singh". That is one and the same person as Gurdial Singh named in this affidavit, and no other person of that description is or was an owner in this revenue estate.
- HOW THE DEATH IS PROVED
The deceased is in fact dead, and the fact of the death is not in dispute in the family.
The death is proved by a death certificate registered under the Registration of Births and Deaths Act, 1969, a copy of which is filed with this affidavit.
Every paper filed with this affidavit, beginning with the proof of the death, is listed by name in the ANNEXURE INDEX at the foot of the SCHEDULE below. This affidavit is not to be acted upon unless the proof of the death listed in that index is filed with it.
The death has been registered under the Registration of Births and Deaths Act, 1969. The death certificate bears registration number D-2026-LDH-0031487 and was issued by Registrar of Births and Deaths, Gram Panchayat Bassian, Block Jagraon.
A rapat of the death has been recorded by the Halqa Patwari in the Roznamcha Waqiati of the revenue estate: Rapat no. 214 dated 11 February 2026.
- WHO I AM AND WHY I CAN SWEAR TO THIS
I am the widow of the deceased. I am an adult and of sound mind. I have personal knowledge of the family of the deceased, of the genealogy of the family as it appears in the shajra nasab kept with the record of the revenue estate, and of the facts stated in this affidavit, and I am competent to swear to them.
- THE DECEASED DIED INTESTATE
The deceased left no will, codicil or other testamentary disposition. I have made proper enquiry and, to the best of my knowledge, information and belief, no will of the deceased exists, and no will of the deceased has been produced or propounded by any person before any court, revenue officer or other authority. Succession to the estate of the deceased is therefore intestate succession.
- THE LAW THAT GOVERNS THE SUCCESSION
Succession to the estate of the deceased is governed by the Hindu Succession Act, 1956, the deceased being a Sikh. The persons named in paragraph 7 are the heirs of the deceased under that law, and the shares in which the holding is to be mutated in their favour are the shares which that law gives them.
- MARITAL STATUS OF THE DECEASED
At the date of death the deceased was married, and is survived by the spouse named in paragraph 7.
- THE LEGAL HEIRS
7.1 The surviving legal heirs of the deceased are:
- Harbans Kaur, aged 61 years, widow of the deceased, resident of Village Bassian, Tehsil Jagraon, District Ludhiana.
- Jaswant Singh, son of the deceased, aged 38 years, resident of Village Bassian, Tehsil Jagraon, District Ludhiana.
- Manpreet Kaur, daughter of the deceased, aged 35 years, resident of Village Rurka Kalan, Tehsil Phillaur, District Jalandhar.
- Sukhwinder Singh, son of the deceased, aged 32 years, resident of Village Bassian, Tehsil Jagraon, District Ludhiana.
The following heir or heirs of the deceased died before the deceased. The persons named against each of them take, through that branch, the share which the person who died would have taken:
Balwinder Singh, son of the deceased, died on 19 August 2018. His widow Rajwant Kaur, aged 41 years, and his son Ekamjot Singh, aged 16 years, both resident of Village Bassian, Tehsil Jagraon, District Ludhiana, take between them the share Balwinder Singh would have taken.
7.2 The persons named in this paragraph 7, and no others, are entitled to share in the estate of the deceased and to be entered in the mutation of inheritance.
7.3 The genealogical table (shajra nasab) of the family of the deceased is filed with this affidavit and is listed in the ANNEXURE INDEX at the foot of the SCHEDULE. That table is true and complete, and the persons named in paragraph 7.1 correspond to it. I am aware that under paragraph 7.41(1) of the Punjab Land Records Manual the owners in a khewat are arranged in the order of the shajra nasab, and that the mutation will follow the tree.
7.4 The following heir or heirs are minors:
Ekamjot Singh, aged 16 years, grandson of the deceased, resident of Village Bassian, Tehsil Jagraon, District Ludhiana.
Rajwant Kaur is the natural guardian of the minor heir or heirs named above. The share of a minor heir is to be entered in the mutation in the name of that minor. No share belonging to a minor heir is released, transferred, exchanged, encumbered or in any way dealt with by this affidavit. Where the deceased was a Hindu, Buddhist, Sikh or Jain, I am aware that under section 8 of the Hindu Minority and Guardianship Act, 1956 a natural guardian cannot sell, mortgage, gift, exchange or otherwise transfer a minor's share in immovable property, or lease it for a term exceeding five years or extending more than one year beyond the date on which the minor attains majority, without the previous permission of the court, and that a transfer made without that permission is voidable at the instance of the minor. In every other case I am aware that a minor's share cannot be transferred except by a guardian competent under the personal law of the deceased and, where the Guardians and Wards Act, 1890 applies, with the permission of the court under section 29 of that Act.