ਵਿਰਾਸਤ ਇੰਤਕਾਲ ਲਈ ਕਾਨੂੰਨੀ ਵਾਰਸਾਂ ਦਾ ਹਲਫ਼ਨਾਮਾ

ਸਟਾਂਪ ਡਿਊਟੀ

Not among the 11 priced instruments — no ad valorem duty, cess or PIDB fee, only a small fixed Article 4 duty. Buy the e-stamp in the deponent's own name; ask the vendor for the current denomination (undated table). The intkal itself is separate and settled: mutation fee Rs 600 "where ever required" plus Rs 200 pasting on all documents. The Circle Revenue Officer recovers the mutation fee at attestation, only from the person favoured (s.38(2), Punjab Land Revenue Act, 1887; Manual para 7.33) — separate per holding created, and separately for the shamilat. Cheap and published: jamabandi, fard badar, pending-mutation or Misal Haqiat copies are Rs 20 per page (Manual para 3.48); a Fard Haqiat is Rs 20 regardless of khewats; a tatima shajra is Rs 20 per four fields. Easy Jamabandi (from 13 June 2025): copies free, a Rs 500/year subscription. The death certificate comes via the Sewa Kendra; an unregistered death adds a late fee, a prescribed fee and a magistrate's-order cost (s.13, Registration of Births and Deaths Act, 1969). The trap: wording that an heir "gives up" a share becomes a chargeable, compulsorily registrable Release — a sale or gift draws 5% plus 1% cess, a 1% registration fee (capped Rs 2,00,000), 1% PIDB, plus facilitation charges of Rs 1,000 to 5,000 by bracket. Keep this declaratory; the Collector rate is revised — check with the Sub-Registrar.

ਰਜਿਸਟਰੀ

Not registrable — an affidavit declares facts and creates no right (s.17(1), s.18 do not apply). Trap: wording that in fact relinquishes or extinguishes a right worth Rs 100 or more becomes compulsory (s.17(1)(b)); unregistered is inadmissible (s.49). A virasat intkal starts with the death, reported to the Halqa Patwari (s.34, Punjab Land Revenue Act, 1887; s.34(3) duty to enter even if unreported). Also raisable online at jamabandi.punjab.gov.in. The chain: Patwari enters; Field Kanungo validates; the Circle Revenue Officer (Assistant Collector second grade) sanctions and recovers the fee. Mutations ordered by 15 June go into the new jamabandi (para 7.56). Report the death within three months — s.39 fines late reporting up to five times the fee. Shorter than the Registration of Births and Deaths Act, 1969 s.13 death-registration periods. Time limits: 45 days notified (plus two via a Sewa, Fard or Saanjh Kendra) — the Circle Revenue Officer decides, the Sub-Divisional Magistrate hears the first appeal, the Deputy Commissioner the second. Easy Jamabandi separately promises 30 days (unclear if notified) — appeal on the 45-day figure. If rejected: appeal to the Collector (30 days), the Commissioner (60), the Financial Commissioner (90), each from the order date (ss.13-14). A mutation entry is presumed true only until disproved (s.44); s.45 sends a disputer to a declaratory suit. It cannot correct an entry already in the jamabandi (para 7.30) — that is a fard badar, decided by the Circle Revenue Officer or the Sub-Divisional Magistrate depending how far back it reaches (para 7.29).

ਨੋਟਰੀ

Essential — the only attestation this gets. Swear before a Notary, Oath Commissioner, or empowered Executive Magistrate/Tehsildar (s.3, Oaths Act, 1969; s.5 affirmation has equal force; s.7 saves only procedural irregularity, not a never-sworn affidavit) — don't sign before you're in front of the officer. Small per-affidavit fee at district courts (Oath Commissioners) or tehsils (Notaries). The officer completes the jurat, signs, seals and registers it (Notaries Rules, 1956) — copy the serial number onto your file. Carry photo ID, death proof, and a fard copy showing the deceased as owner. An heir abroad swears before an Indian consular officer or notarises locally with apostille, posting the original with a passport/visa copy — not a scan.

ਗਵਾਹ

No attesting witnesses required by law — the jurat authenticates, not witnesses. Punjab PRACTICE differs, and this is where a virasat intkal is won or lost: the Patwari and Circle Revenue Officer want the deponent identified by the Lambardar, a Panch, or two co-villagers named in that estate's jamabandi — name, parentage, address. Family no longer in the village? The Circle Revenue Officer usually calls a separate Patwari report first. Never use an identifier who takes a share under this mutation. Two more non-witness needs: the shajra nasab, updated and attested (khewat order follows it, para 7.41(1)); and a written no-objection from every adult heir not swearing their own affidavit. Proving death: the Chowkidar's report and register entry (village) or the Registrar's certificate via the Sewa Kendra (town or hospital) — bring whichever. For a death never registered at the time: 30 days needs only a late fee; up to a year needs the prescribed authority's permission; beyond a year needs a District Magistrate, Sub-Divisional Magistrate or authorised Executive Magistrate's order (Registration of Births and Deaths (Amendment) Act, 2023).