(3) Application for certificate - Sec.372
i. Application for such a certificate shall be made to the District Judge by a
petition signed and verified by or on behalf of the applicant
in the manner prescribed by the Code of Civil
Procedure, 1908, for the signing and verification of a plaint by or on
behalf of plaintiff, and setting following particulars,
namely :
(a) the time of the death of the deceased ;
(b) the ordinary residence of the deceased at the time of his death and, if
such residence is not within the local limits of the jurisdiction of the Judge
to whom the application is made, then, the property of the deceased within
those limits ;
(c) the family or the other near relatives of the deceased and their respective
residences ;
(d) the right in which the petitioner claim ;
(e) the absence of any impediment under Section 370 or under any other
provisions of this Act or any other enactment, to the grant of the certificate
or to the validity thereof if it were granted ; and
(f) the debts and security in respect of which the certificate is applied for.
ii. If the petition contains any averment which the person verifying it
knows or believes to be false, or does not believe to be true, that person
shall be deemed to have committed an offence under Section 198 of the Indian
Penal Code.
Simplified Version
(3) Application for certificate - Sec.372
i. When a person wants to apply for a succession certificate,
he or she has to submit the following required information:
(a) the time of the death of the deceased ;
(b) Place of residence of the dead person or if such residence is not in the
jurisdiction of the district judge than any other property of the deceased
person following under the jurisdiction of the district judge to whom the
application for the succession certificate is made.
(c) The details of the family and other kith and kin of the deceased and their
residential addresses
(d) Person applying for the succession certificate has to give a proof of what
right or in what capacity he should be nominated the successor of the deceased.
(e) The case should not fall under the restrictive cases, as clearly mentioned
in (point-1) and there should be no dispute to his claim as a successor.
(f) If there is any debt or security attach to the property the details of that
should be clearly mentioned in the application.
ii. If a person knowingly gives any false information in the
application for certificate then it becomes punishable under Indian Penal
Code.
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