372Application for certificate
(1) 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 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the 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 was 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 other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision 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 securities in respect of which the certificate is applied for.
(2) 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, 1860 (45 of 1860).
1[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]
Download our fully-offline, High speed android app.- Click here
1. Added by Act 14 of 1928, s. 2.
- 370 Restriction on grant of certificates under this part
- 371 Court having jurisdiction to grant certificate
- 372 Application for certificate
- 373 Procedure on application
- 374 Contents of certificate
- 375 Requisition of security from grantee of certificate
- 376 Extension of certificate
- 377 Forms of certificate and extended certificate
- 378 Amendment of certificate in respect of powers as to securities
- 379 Mode of collecting court-fees on certificates
- 380 Local extent of certificate
- 381 Effect of certificate
- 382 Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases
- 383 Revocation of certificate
- 384 Appeal
- 385 Effect on certificate of previous certificate, probate or letters of administration
- 386 Validation of certain payments made in good faith to holder of invalid certificate
- 387 Effect of decisions under this Act, and liability of holder of certificate thereunder
- 388 Investiture of inferior courts with jurisdiction of District Court for purposes of this Act
- 389 Surrender of superseded and invalid certificates
- 390 Provisions with respect to certificates under Bombay Regulation VIII of 1827