ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

APPLICATION FOR THE ISSUE OF A LEGAL HEIR CERTIFICATE

HOW THIS PACK IS FILED, AND WHERE THE COURT-FEE STAMP GOES. The office you file at keeps its own printed application form, and the counter expects that sheet. In Punjab the application goes in on the office's own form, with the court-fee stamp of the prescribed denomination affixed on that form. In Chandigarh the e-Sampark checklist requires the application on legal paper — the green sheet — with a court fee of Rs 1.25 affixed on it, and a typed sheet that is not the green legal paper is refused at the window. This pack is therefore drafted to be transcribed onto the office's form, or annexed to that form as the detailed statement in support of it. It does not replace the form. Annexures A and B go in as they stand: Annexure A engrossed on its own non-judicial stamp paper or e-Stamp certificate and sworn, Annexure B on plain paper and signed. Where the counter is content to take this pack itself as the application, affix the court-fee stamp in the space marked immediately below; otherwise leave that space blank and affix the stamp on the office's form.

[ AFFIX COURT-FEE STAMP HERE — in Punjab, the fixed denomination under Schedule II of the Court Fees Act, 1870 as in force in Punjab, bought from the licensed stamp vendor at the tehsil complex; in Chandigarh, Rs 1.25. ]

To,
The __________,
__________

Sir / Madam,

Subject: Application for the issue of a Legal Heir Certificate in respect of the late __________, who died on __________.

1. THE APPLICANT

I, __________, aged __________ years and therefore a major competent to make this application and to swear the affidavit at Annexure A, __________ __________, residing at __________, holding __________ No. __________ and contactable on __________, respectfully submit this application. I am the __________ of the deceased named in paragraph 2 below, and I am one of the legal heirs listed in Schedule I to this application.

1. THE DECEASED

(a) Name: __________, __________ __________.

(b) The deceased professed the __________ faith.

(c) Last residential address: __________.

(d) Date of death: __________. Place of death: __________.

(e) The death stands registered under Death Certificate No. __________ dated __________, issued by __________. A copy is enclosed and the original is produced with this application for verification.

1. JURISDICTION OF THIS OFFICE, AND THE SERVICE APPLIED FOR

(a) The address at paragraph 2(c) above lies within the territorial jurisdiction of this office in __________.

(b) I request that this application be registered, that an acknowledgement bearing a reference number and the date of receipt be issued to me, and that the certificate be delivered within the time limit notified for this service.

1. PERSONAL LAW AND TESTAMENTARY POSITION

(a) The deceased having professed the __________ faith, succession to the estate of the deceased is governed by __________.

(b) __________

1. THE LEGAL HEIRS

(a) The legal heirs of the deceased are __________ in number, including myself. Their names, relationships to the deceased, ages, marital status and addresses are set out in Schedule I to this application. To the best of my knowledge, information and belief, the deceased left no legal heir other than the persons named in Schedule I.

(b) No person entitled to succeed under the personal law stated in paragraph 4(a) has been omitted from Schedule I. In particular, every daughter of the deceased has been named, whether married or unmarried; and where the deceased was a Hindu, I am aware that a daughter is a coparcener in her own right by birth under section 6 of the Hindu Succession Act, 1956 as amended with effect from 9 September 2005, and that her right does not depend on whether her father was living on that date.

(c) Annexure B to this application is the no-objection declaration of the legal heirs other than the applicant. Where the applicant is the sole legal heir of the deceased, there are no other heirs to sign it, no Annexure B is enclosed and none is required.

1. PURPOSE OF THE CERTIFICATE

(a) The certificate is required for __________.

1. WHAT IS SOUGHT, AND WHAT IS NOT

(a) I understand and record that a legal heir certificate is an administrative record of the persons who are the legal heirs of the deceased, issued for purposes such as those stated in paragraph 6.

(b) I understand that it does not decide or confer title to any immovable property; that it does not operate as a succession certificate under section 372 of the Indian Succession Act, 1925 in respect of debts and securities; and that it is neither a probate nor letters of administration. No relief of any of those kinds is sought by this application, and no such relief should be read into any certificate issued upon it.

(c) I further understand that this certificate does not by itself move any entry in a record of rights. Where the estate includes land recorded in a jamabandi, a separate mutation of inheritance must be reported to the Halqa Patwari and sanctioned by the Circle Revenue Officer under the Punjab Land Revenue Act, 1887; and where it includes a site or building held under an allotment, the allotting authority must be applied to separately for transfer or transmission on its own conditions of allotment.

1. DISPUTE, NON-SIGNATURE AND SUBMISSION TO ENQUIRY

(a) There is no dispute among the persons named in Schedule I as to who the legal heirs of the deceased are, and no suit, appeal, revision or other proceeding relating to the heirship of the deceased is pending before any court, tribunal or authority.

(b) I have no objection to this office issuing a public notice, causing a local enquiry to be made through the Patwari, the Kanungo, the Revenue Inspector or any other officer, and inviting objections in the manner prescribed. I undertake to attend the enquiry on the date fixed and to produce the originals of every document enclosed.

(c) I understand that if any objection is received, or if any question of title or of disputed heirship arises, this application may be rejected or kept in abeyance, and that the persons concerned will be left to their remedies before the competent civil court.

1. PRAYER

I therefore respectfully pray that a Legal Heir Certificate may be issued in respect of the late __________, naming the persons set out in Schedule I as the legal heirs of the deceased.

DECLARATION

I declare that the statements made in this application and in Schedule I are true to the best of my knowledge, information and belief; that I have suppressed no material fact; and that I have omitted the name of no legal heir. I am aware that a false statement will render any certificate issued liable to cancellation, will undo anything done on the strength of it, and will expose me to prosecution.

Place: __________
Date: __________

Yours faithfully,

_______________________________
__________
Applicant

IDENTIFICATION OF THE APPLICANT

(To be signed by two persons known to this office and not taking any share under this certificate — in a village, the Lambardar of the revenue estate or the Sarpanch or a Panch of the Gram Panchayat; in a town or a sector, the Councillor of the ward or a gazetted officer; or in either case a Group A officer of the State or Central Government or of one of its autonomous bodies.)

1. Name: ____________________ Designation: ____________________ Address: ____________________ Signature and seal: ____________________

1. Name: ____________________ Designation: ____________________ Address: ____________________ Signature and seal: ____________________

SCHEDULE I
THE LEGAL HEIRS OF THE LATE __________

(Serial number | Name | Relationship to the deceased | Age | Marital status | Address)

__________

Total number of legal heirs, including the applicant: __________.

_______________________________
__________
Applicant

LIST OF ENCLOSURES

1. Death certificate of the deceased — copy enclosed, original produced for verification.
2. Proof of identity and of address of the applicant.
3. Proof of identity of each legal heir named in Schedule I, and proof of the relationship of each of them to the deceased — birth certificate, school leaving certificate, matriculation certificate, marriage certificate, passport or Aadhaar, as available.
4. Ration card or family card of the deceased or of the family, where held.
5. Proof of the last residential address of the deceased, of not less than six months' standing.
6. Annexure A — affidavit of the applicant, on non-judicial stamp paper of the prescribed value and duly sworn.
7. Annexure B — no-objection declaration of the legal heirs other than the applicant. Not applicable, and not printed in this pack, where the applicant is the sole legal heir of the deceased.
8. Where the claim lies against an employer or a pension authority — the service certificate, the last pay certificate, the pension payment order, and the letter of the department of the deceased addressed to this office, as applicable.
9. Where the claim lies against a development authority, the Chandigarh Estate Office or the Chandigarh Housing Board — a copy of the allotment letter, and the transfer checklist of that authority.
10. Passport-size photograph of the applicant.
11. Proof of payment of the prescribed court fee and of any facilitation or service charge, where paid in advance.

ANNEXURE A
AFFIDAVIT OF THE APPLICANT

(To be engrossed on non-judicial stamp paper, or on an e-Stamp certificate, of the value prescribed for an affidavit, and sworn before a Notary appointed under the Notaries Act, 1952, an Oath Commissioner, an Executive Magistrate or a Tehsildar empowered to administer oaths.)

BEFORE THE __________, __________

In the matter of an application for a Legal Heir Certificate in respect of the late __________.

I, __________, aged __________ years, __________ __________, residing at __________, do hereby solemnly affirm and state as follows:

1. I am the applicant in the accompanying application. I am of full age, being __________ years old, and I am competent to swear this affidavit. I am the __________ of the late __________.

1. The late __________, __________ __________, who last resided at __________, died on __________ at __________. The death is registered under Death Certificate No. __________ dated __________, issued by __________.

1. The deceased professed the __________ faith, and succession to the estate of the deceased is governed by __________. __________

1. The legal heirs of the deceased, __________ in number and including myself, are the persons named in Schedule I to the accompanying application. To the best of my knowledge, information and belief, there is no legal heir of the deceased other than those persons, no name has been added to Schedule I that ought not to be there, and no name has been left out.

1. There is no dispute among the persons named in Schedule I as to the heirship of the deceased, and no proceeding relating to that heirship is pending before any court, tribunal or authority.

1. The certificate is sought for __________, and for no other purpose save as disclosed in the accompanying application. I am aware that the certificate is not a document of title, that it does not operate as a succession certificate under section 372 of the Indian Succession Act, 1925, that it is neither probate nor letters of administration, and that it does not by itself move any entry in a jamabandi or in the record of any allotting authority.

1. Nothing in this affidavit, and nothing in the no-objection at Annexure B, is a release, relinquishment, gift, partition or family settlement, and no person named in Schedule I gives up by it any share or interest in the estate of the deceased.

1. I undertake to indemnify this office, and any authority, bank, insurer or person acting on the certificate, against any loss, claim or demand arising from any error, omission or misstatement in the particulars furnished by me.

VERIFICATION

I verify that the contents of paragraphs 1 to 8 above are true to my knowledge, that no part of them is false, and that nothing material has been concealed.

Solemnly affirmed at __________ on __________.

_______________________________
DEPONENT
__________

Sworn before me:

_______________________________
Signature and seal of the Notary Public / Oath Commissioner / Executive Magistrate / Tehsildar
Notarial Register Serial No.: ____________________