अपनी जानकारी भरिए

NO OBJECTION CERTIFICATE OF CO-HEIRS

Executed at __________ on __________.

To
__________
__________
(the "Addressee")

1. WHAT THIS CERTIFICATE IS

1.1 This is a no objection certificate. It records the consent of the surviving heirs named in it. It is not a conveyance, a sale, a gift, a release, a relinquishment, a partition, a will, a succession certificate, a legal heirship certificate, probate or letters of administration, and it is not a substitute for any of them.

1.2 A succession certificate under section 372 of the Indian Succession Act, 1925 covers debts and securities only. It does not establish title to immovable property. Nothing in this certificate is a succession certificate or does the work of one.

2. THE DECEASED

2.1 Name: __________

2.2 Last residence: __________

2.3 Died on __________ at __________ (the "Deceased").

2.4 Death certificate: __________. A copy is annexed.

2.5 Succession to the estate of the Deceased is governed by __________.

2.6 Basis of succession: __________.

2.7 The will of the Deceased, and any grant of probate or letters of administration in respect of it: __________

Where a will is recited in clause 2.7, this certificate is given subject to that will and to any such grant, and clause 2.6 is to be read accordingly.

2.8 Probate and letters of administration. Where the Deceased left a will, whether a grant of probate or of letters of administration with the will annexed must be obtained before any right as executor or legatee under that will can be established in a court in India is governed by section 213 read with section 57 of the Indian Succession Act, 1925, and turns on the law stated in clause 2.5. The four positions are:

(a) Where the Deceased was a Hindu, Buddhist, Sikh or Jain — section 213(1) applies only to a will of the classes described in section 57(a) and (b): a will made within the territories which at the commencement of the Act were subject to the Lieutenant-Governor of Bengal, or within the local limits of the ordinary original civil jurisdiction of the High Courts at Madras and Bombay; and a will made outside those territories and limits, so far as it relates to immovable property situate within them. The Bengal territories are not confined to Calcutta or to its original side, so a will made in the mofussil of that region can fall within section 213(1). A will outside those classes falls under section 57(c) and is outside section 213 altogether.

(b) Where the Deceased was a Parsi dying after the commencement of the Indian Succession (Amendment) Act, 1962 — section 213(1) applies only where the will was made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, and, where the will was made outside those limits, only so far as it relates to immovable property situate within them (section 213(2)(ii)).

(c) Where the Deceased was a Christian, a Jew, or another person to whom the Indian Succession Act, 1925 applies and who is not within (a), (b) or (d) — section 213(1) applies with no territorial limit whatever. No right as executor or legatee can be established in any court in India without probate of the will or letters of administration with the will annexed (Clarence Pais v. Union of India (2001) 4 SCC 325). A legatee in this class who signs or relies on this certificate without obtaining a grant holds a legacy that cannot be enforced in court.

(d) Where the Deceased was a Muslim — section 213 does not apply to a will made by a Muslim (section 213(2)). Separately, a Muslim testator may bequeath not more than one-third of the net estate, after funeral expenses and debts, in favour of a person other than an heir, and a bequest beyond that limit, or any bequest to an heir, takes effect only with the consent of the heirs given after the death of the testator.

No grant of probate or letters of administration has been obtained under this certificate, and none is asserted. Where a grant is required on the position that applies, the Addressee is asked to require its production before acting on any will.

3. THE HEIRS

3.1 The following persons are all of the surviving heirs of the Deceased (the "Heirs"):

__________

Where the Deceased left a will, clause 3.1 names both the persons who would have succeeded on intestacy and the legatees under that will, so that the Addressee is not misled as to who has an interest in the estate or in the Asset.

3.2 Every surviving daughter of the Deceased is named in clause 3.1 and her share has not been omitted or assumed away. Where the Deceased was a Hindu, the Heirs record that under section 6 of the Hindu Succession Act, 1956, as substituted with effect from 9 September 2005, a daughter of a coparcener is a coparcener in her own right by birth, and that in Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1 the Supreme Court held that this right does not depend on the father having been alive on 9 September 2005. Section 6 governs coparcenary property. Independently of it, a daughter is a Class I heir under section 8 read with the Schedule to the Hindu Succession Act, 1956, and on the intestacy of a Hindu male she takes a share equal to that of a son in his self-acquired and separate property as well.

3.3 No share of any Heir who is a minor, or who is of unsound mind, is given up or affected by this certificate. The share of a Hindu minor in immovable property cannot be disposed of by a natural guardian without the previous permission of the court under section 8 of the Hindu Minority and Guardianship Act, 1956, and a disposal made without that permission is voidable at the instance of the minor. A guardian appointed or declared by a court is subject to section 29 of the Guardians and Wards Act, 1890.

4. THE CONSENTING HEIRS AND THE BENEFICIARY

4.1 This certificate is given by the following Heirs (the "Consenting Heirs"):

__________

4.2 The Beneficiary is __________, the __________ of the Deceased, residing at __________. The Beneficiary signs this certificate as a confirming party and is bound by clause 6.

5. THE ASSET

5.1 Nature: __________

5.2 Particulars: __________

(the "Asset")

6. THE NO OBJECTION, AND ITS LIMITS

6.1 The Consenting Heirs have no objection to the Addressee effecting the following in favour of the Beneficiary: __________.

6.2 The scope of this no objection is: __________.

6.3 This certificate transfers no share in the Asset. Where a share of a Consenting Heir in immovable property is in fact to pass to the Beneficiary, it can pass only under a separate instrument that is duly stamped and — being a non-testamentary instrument that assigns, limits or extinguishes a right in immovable property of the value of one hundred rupees or upwards — registered under section 17 of the Registration Act, 1908. An unregistered instrument of that kind is inadmissible in evidence of the transaction under section 49 of that Act and passes nothing.

6.4 If the arrangement between the Heirs is a gift, no gift of immovable property takes effect unless it is made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses (section 123, Transfer of Property Act, 1882), and unless it is accepted by the donee during the lifetime of the donor and while the donor is still capable of giving; a gift not so accepted is void (section 122 of that Act).

6.5 The Beneficiary holds any share in the Asset that has not been given up under a registered instrument for the Heir entitled to it and to that Heir's account. Receipt of the Asset or of its proceeds by the Beneficiary, and the recording of the Beneficiary's name in the records of the Addressee, are not evidence that any such share has been transferred.

6.6 A change in the records of the Addressee does not decide ownership. Mutation of a revenue or municipal record creates and extinguishes no title. Payment or transfer to a nominee does not make the nominee the owner; a nominee receives the asset for the persons entitled to it under the law of succession. In Shakti Yezdani v. Jayanand Salgaonkar (2023) the Supreme Court confirmed that a nomination under section 72 of the Companies Act, 2013 does not displace the law of succession in respect of securities, and section 30 of the applicable State Co-operative Societies Act operates to the same effect for a society: the society may be bound to deal with the nominee, but the nominee holds for the heirs.

7. DECLARATIONS

7.1 Each Consenting Heir declares that clause 3.1 names every person entitled to succeed to the estate of the Deceased so far as that Heir knows, and that no other person has to that Heir's knowledge made a claim to the Asset.

7.2 So far as the Consenting Heirs know, no suit, appeal, caveat, testamentary proceeding, attachment or other proceeding concerning the Asset or the estate of the Deceased is pending, except as disclosed to the Addressee in writing.

7.3 No Consenting Heir has sold, assigned, mortgaged, charged or agreed to transfer that Heir's share in the Asset to any person, except as recorded in this certificate.

7.4 Each signatory signs freely, understands what this certificate does and does not do, has read clauses 2.8 and 6 in particular, and has had the opportunity to take independent legal advice.

8. INDEMNITY

8.1 The Consenting Heirs and the Beneficiary jointly and severally indemnify the Addressee against any claim, demand, loss, cost or expense that the Addressee suffers because it has acted on this certificate, other than one arising from the Addressee's own negligence or default.

8.2 The indemnity in clause 8.1 is given to the Addressee alone. It does not operate between the Consenting Heirs and the Beneficiary, and it does not affect any claim that a Consenting Heir has against the Beneficiary in respect of a share in the Asset.

9. NOTICES, LAW AND JURISDICTION

9.1 A notice under this certificate is validly given if delivered by hand against acknowledgement, or sent by registered post with acknowledgement due or by speed post, to the address of the recipient stated in this certificate.

9.2 This certificate is governed by the law of India, and the courts having jurisdiction in __________ have jurisdiction over any dispute arising out of it.

10. VERIFICATION

Each signatory verifies that the contents of this certificate are true to that signatory's own knowledge and belief, that no material fact has been concealed, and signs at __________ on __________.

SIGNATURES

CONSENTING HEIRS — reproduce this block once for each Consenting Heir named in clause 4.1

Signature: ______________________________
Name: ______________________________
Relationship to the Deceased: ______________________________
PAN, or last four digits of Aadhaar: ______________________________
Address: ______________________________

CONFIRMING PARTY — THE BENEFICIARY

Signature: ______________________________
Name: __________
PAN, or last four digits of Aadhaar: ______________________________

WITNESSES — two witnesses, neither of whom is the Beneficiary and neither of whom takes any benefit under this certificate

Witness 1 — Signature: ____________________ Name: ____________________ Father's or husband's name: ____________________ Address: ____________________ ID produced: ____________________

Witness 2 — Signature: ____________________ Name: ____________________ Father's or husband's name: ____________________ Address: ____________________ ID produced: ____________________

ATTESTATION BY NOTARY (where the Addressee requires the certificate on affidavit)

Solemnly affirmed and signed before me by the signatories named above, who are identified to my satisfaction, at ______________________ on ______________________.

Notary — Signature, seal and registration number: ______________________________

ANNEXURES

A. Death certificate of the Deceased.
B. Proof of identity and address of each signatory.
C. Proof of the relationship of each Heir to the Deceased, and where the Addressee requires it, a legal heirship or survivorship certificate issued by the competent revenue authority.
D. Document of title or holding for the Asset — share certificate, sale deed, record of rights, passbook, registration certificate or bill, as the case may be.
E. Where a will is recited in clause 2.7, a copy of the will and of any grant of probate or letters of administration obtained in respect of it.
F. Where applicable, a certified copy of the registered instrument referred to in clause 6.