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
… 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
6. The right in which the Petitioner claims
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.
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:
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
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.
VERIFICATION
AFFIDAVIT IN SUPPORT OF THE PETITION
- 1. I am the Petitioner in the accompanying petition, am acquainted with the facts of the case and am competent to swear this affidavit.
- 2. 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.
- 3. 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.
- 4. 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.
- 5. 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.
_________________________________
Notary Public / Oath Commissioner
(seal and register entry)