ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

IN THE COURT OF __________

Succession Certificate Petition No. ____________ of 20______

PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR A SUCCESSION CERTIFICATE IN RESPECT OF DEBTS AND SECURITIES

IN THE MATTER OF: the estate of the late __________, deceased

AND IN THE MATTER OF: an application for a succession certificate in respect of the debts and securities described in this petition

__________, aged about __________ years, __________ __________, resident of __________

… PETITIONER

The Petitioner respectfully submits as follows.

1. Death of the deceased

__________ ("the deceased") died on __________ at __________.

2. Address of the deceased

The last address at which the deceased is known to have resided is __________.

3. Jurisdiction

__________

4. Intestacy

The deceased died intestate. The deceased left no will or other testamentary instrument, and to the knowledge of the Petitioner no will of the deceased exists. No application for probate or for letters of administration in respect of the estate of the deceased has been made to, or is pending before, any court.

5. Law governing succession

Succession to the movable estate of the deceased is governed by __________.

6. The right in which the Petitioner claims

The Petitioner is the __________ of the deceased, is an heir of the deceased under the law stated in paragraph 5 above, and applies for the certificate in that right.

7. Family and near relatives of the deceased

The family and other near relatives of the deceased surviving at the date of death, with their respective residences, are:

__________

To the knowledge of the Petitioner, no person other than those named above claims to be an heir of the deceased.

8. Position of the other heirs

__________

9. Debts and securities in respect of which the certificate is sought

The debts and securities of the deceased in respect of which this petition is made, all of which belonged to the deceased at the date of death and remain uncollected, are:

__________

The total value of the debts and securities described above is __________. That value is stated for the purposes of jurisdiction and court fee.

10. No immovable property is covered by this petition

A succession certificate under Part X of the Indian Succession Act, 1925 relates only to debts and securities. This petition does not seek, and a certificate granted upon it will not confer, any right, title or interest in any immovable property of the deceased. No immovable property is included in paragraph 9 above.

11. Absence of impediment

There is no impediment under Section 370 of the Indian Succession Act, 1925, or under any other provision of that Act or of any other enactment, to the grant of the certificate sought or to its validity if granted. No other petition for a succession certificate in respect of the same debts and securities has been made by the Petitioner or, to the knowledge of the Petitioner, by any other person to this or any other court, and no such certificate has been granted to any person.

12. Undertaking as to collection and distribution

If the certificate is granted, the Petitioner will collect the debts and securities specified in it, will hold and distribute what is collected in accordance with the shares of the heirs of the deceased under the law of succession applicable to the estate, and will render account to this Hon'ble Court as required.

13. Security

The Petitioner is ready and willing to furnish a bond with one or more sureties, or such other security as this Hon'ble Court may direct under Section 375 of the Indian Succession Act, 1925, before the certificate is issued.

14. Court fee

The Petitioner undertakes to pay any deficit court fee that this Hon'ble Court may assess on the value of the debts and securities before the certificate is issued.

15. Documents filed with this petition

(a) the death certificate of the deceased; (b) proof of the Petitioner's relationship to the deceased; (c) proof of identity and address of the Petitioner; (d) statements, passbooks, certificates or other proof of the debts and securities described in paragraph 9; (e) the affidavit in support of this petition; and (f) the written no-objections, if any, of the heirs referred to in paragraph 8 above.

16. Prayer

The Petitioner therefore prays that this Hon'ble Court may be pleased to:

(a) grant to the Petitioner a succession certificate under Section 372 read with Section 374 of the Indian Succession Act, 1925 in respect of the debts and securities described in paragraph 9 above, empowering the Petitioner to receive those debts and to negotiate or transfer those securities;

(b) issue such citations and give such directions as this Hon'ble Court considers necessary under Section 373 of the Indian Succession Act, 1925; and

(c) pass such further or other order as the nature and circumstances of the case may require.

Place: __________
Date: __________

_________________________________
__________
Petitioner

Address for service: __________

VERIFICATION

I, __________, aged about __________ years, the Petitioner above named, verify that the contents of paragraphs 1 to 10 and 12 to 16 of this petition are true to my personal knowledge, and that the contents of paragraph 11 are true to the best of the information received by me and believed by me to be true. I have not suppressed any material fact.

Verified at __________ on __________.

_________________________________
__________
Petitioner

AFFIDAVIT IN SUPPORT OF THE PETITION

I, __________, aged about __________ years, __________ __________, resident of __________, do solemnly affirm and state as follows.

1. I am the Petitioner in the accompanying petition, am acquainted with the facts of the case and am competent to swear this affidavit.

1. The facts stated in the accompanying petition are true to my knowledge and belief, and the schedule of debts and securities set out in paragraph 9 of the petition is a full and true statement of the debts and securities of the deceased known to me.

1. The persons named in paragraph 7 of the petition are the only heirs and near relatives of the deceased known to me, and I have not omitted any person entitled to share in the estate.

1. I have not concealed any debt, security or other movable asset of the deceased, and to my knowledge no other person has obtained or applied for a succession certificate in respect of the debts and securities described in the petition.

1. I am aware that Section 372(3) of the Indian Succession Act, 1925 provides that a person who verifies a petition for a succession certificate containing an averment which that person knows or believes to be false, or does not believe to be true, is liable to punishment.

_________________________________
__________
DEPONENT

Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge, that no part of it is false and that nothing material has been concealed.

_________________________________
__________
DEPONENT

Sworn before me at __________ on __________.

_________________________________
Notary Public / Oath Commissioner
(seal and register entry)