Indian Succession Act,1925
Act No : 39
Section :
Application for certificate.
372. Application for certificate.-(1) Application for such acertificate shall be made to the District Judge by a petition signedand verified by or on behalf of the applicant in the manner prescribedby the Code of Civil Procedure, 1908, (5 of 1908.) for the signing andverification of a plaint by or on behalf of a plaintiff, and settingforth 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---------------------------------------------------------------------1 Ins. by the A. O. 1950.2 The words "G.-G.-in-C." have been successively amended by the A.O. 1937 and the A. O. 1950 to read as above.167 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 personverifying it knows or believes to be false, or does not believe to betrue, that person shall be deemed to have committed an offence undersection 198 of the Indian Penal Code. (45 of 1860.) 1*[(3) Application for such a certificate may be made in respectof any debt or debts due to the deceased creditor or in respect ofportions thereof.]
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