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,
- 1. THE APPLICANT
- 2. THE DECEASED
- 3. 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.
- 4. PERSONAL LAW AND TESTAMENTARY POSITION
- 5. THE LEGAL HEIRS
(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.
- 6. PURPOSE OF THE CERTIFICATE
- 7. 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.
- 8. DISPUTE, NON-SIGNATURE AND SUBMISSION TO ENQUIRY
(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.
- 9. PRAYER
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.
Yours faithfully,
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: ____________________
- 2. Name: ____________________ Designation: ____________________ Address: ____________________ Signature and seal: ____________________
(Serial number | Name | Relationship to the deceased | Age | Marital status | Address)
LIST OF ENCLOSURES
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 __________, __________
- 7. 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.
- 8. 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.
Sworn before me: