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testator is dead, he shall in the applicant’s presence and of two witnesses, open the cover, and at the applicant’s expense cause the contents thereof to be copied into his Book No. VI. (2) When such copy has been made, the Special Notary shall re-deposit the original will. 343. Book of record.— The record mentioned in the preceding section shall be written in a book, the pages whereof shall be numbered, initialed and at the end signed by the District Special Notary. CHAPTER XXV REGISTRATION OF THE CLOSED WILL AFTER OPENING 344. Registration of will.— (1) Once the record of the opening of the will is recorded in the book, the Special Notary shall cause the will to be registered by copying in extenso in an appropriate book by making a original note signed by the same, the Special Notary, stating how it was opened and registered and whether any thing suspicious was noticed or not. (2) After the will is opened, all its pages shall be initialed by its presenter or by the interested parties present, by witnesses and by the Special Notary. (3) The original of the will shall, thereafter, be kept in the office of the Special Notary in safe custody in charge of the Special Notary who shall be responsible for it. 345. Withdrawal of sealed cover deposited under the preceding section.— If the testator who has deposited the sealed cover under the preceding section wishes to withdraw it, he may apply either personally or by duly authorized agent, to the Special Notary who holds it in deposit and such Special Notary, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly. The will shall be returned to the testator by following the formalities laid down for the deposit of the will. A record shall be made in Book No. VII. CHAPTER XXVI INSTRUMENT OF DECLARATION OF HEIRSHIP 346. Declaration of heirship.— (1) After the succession opens, and the law does not require that mandatory inventory proceedings be instituted to partition the inheritance, heirship may be proved by a deed of declaration of heirship drawn by the Special Notary. (2) Three persons and at least one of the interested parties shall have to declare on oath before the Special Notary that the interested party or parties named by them are the only heir or heirs of the deceased. If such deceased person was married, the name of the spouse shall also be disclosed and whether the spouse is surviving or has expired. The
interested party shall also declare in the act whether the value of the inheritance exceeds Rs. 10 lakhs or not shall disclose the names of the spouses of the heirs, if any. (3) The declarants shall produce the following documents:- (a) death certificate of the deceased; (b) will or gift deed mortis causa, when the succession is founded on such document; (c) document to prove the relationship of the heir or heirs to the deceased; (4) Where a party is unable to produce a birth certificate, death certificate or a marriage certificate issued by the authorities, the party may produce an order or decree of the court certifying such birth, death or marriage or a certified copy issued by an institution maintaining such records. (5) When all the interested parties are abroad, a constituted attorney with special powers may make the declaration required under sub-section (2). (6) A person, who under the provisions of this chapter is not competent to be a witness and a person who is a successor of the presumed heir, shall not be competent to be a declarant. (7) If the declarants or the interested party or parties or their attorneys, are found to have knowingly made a false declaration, with regard to the particulars required under sub-section (2), they shall be liable for penal action under section 191 and 199 of the Indian Penal Code (45 of 1860). (8) The fact that any person has been brought on record in Court proceedings other than inventory proceedings as legal representative of the deceased, shall not amount to a declaration of heirship. (9) A deed of declaration of heirship shall be sufficient evidence for the purpose of:- (i) mutation; (ii) transfer of shares; (iii) withdrawal of money from a bank or other financial institution where the deposit does not exceed Rs.50,000/- Provided that where there is only one heir, there is no restriction on withdrawal of any amount from the deposit. (10) The fee or duty on a deed of declaration of heirship shall be as prescribed, on each inheritance opened, irrespective of the number of heirs. (11) The Special Notary recording the deed of declaration of heirship shall, at the expense of the interested party or parties, publish within 15 days, an extract of the declaration, disclosing the name and permanent residence of the deceased and the names
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LEGISLATIVE ASSEMBLY OF THE STATE O
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ACCEPTANCE AND RENUNCIATION OF THE
Page 5 and 6:
CHAPTER IX PREFERENTIAL RIGHT OF TH
Page 7 and 8:
Section 161. Manner and place of de
Page 9 and 10:
Section 239. Failure to present the
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BOOKS, INDICES AND FIRE PROOF BOXES
Page 13 and 14:
CIVIL LIABILITY OF THE SPECIAL NOTA
Page 15 and 16:
Section 401. When co-heirs are call
Page 17 and 18:
Section 456. Fixation of the amount
Page 19 and 20:
(f) “estate leaver” means the p
Page 21 and 22:
5. Types of successors: Heirs and l
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(3) Upon conviction as provided in
Page 25 and 26:
26. Acceptance or renunciation by o
Page 27 and 28: (c) more than half of the inheritan
Page 29 and 30: (2) Where the usufruct is in respec
Page 31 and 32: 63. Right of representation.—The
Page 33 and 34: spouse irrespective of their matrim
Page 35 and 36: (2) The value of the gifted assets
Page 37 and 38: inheritance, the excess shall be re
Page 39 and 40: legatees, unless the testator has i
Page 41 and 42: 128. Brothers or sisters generally
Page 43 and 44: (2) If a debt is to fall due only a
Page 45 and 46: 159. Legacy of periodic sums.— Wh
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76: (3) The record to be made by the Sp
Page 77: 337. Delivery of the closed will.
Page 81 and 82: of the testator can be gathered fro
Page 83 and 84: CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93 and 94: (2)Copies of the list of assets and
Page 95 and 96: (2) The court shall, after recordin
Page 97 and 98: 397. Sale of share in the undivided
Page 99 and 100: (3) Where an objection has been rai
Page 101 and 102: (3) Where the respective creditor w
Page 103 and 104: (2) The members of the family counc
Page 105 and 106: (4) Where the debts have been appro
Page 107 and 108: present. If none of the above condi
Page 109 and 110: 434. Procedure for second valuation
Page 111 and 112: 438. Preliminary chart.— (1) Wher
Page 113 and 114: duty is produced. The order confirm
Page 115 and 116: (b) When a new document is produced
Page 117 and 118: 454. Cause Title.— (1) The cause
Page 119 and 120: Statement of Objects and Reasons Th
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