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No one ready to become witness for a land partition, can I go to court
11-Mar-2023 (In Property Law)
sir/ ma'am one of my friend's father having agri. land in villege (Gujarat) he passed away few months back. we did try to enter names of all legal heirs however Mamlatdar told to submit "Pedhinama" Family Tree made by Talati than we went to Talati or Patwari office to obtain pedhinama he asked for 3 witness now the issue is this family had issue with villegers so no one is ready to be come witness in pedhinama. so can we apply for succession certificate in court and submit in mamlatdar
Any major person of sound mind can be a witness in this case, it does not requires only the villagers to be a witness in the said deed. Relatives of your friend's family can also act as a witness in the said case. However, you can apply for the succession certificate by:
i) An application should be made to The District Judge under section 372 of the Act;
ii) the petitioner must sign and verify the petition;
iii) the residences of the relatives and family of the deceased must be mentioned;
iv) In case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition;
v) the right of the petitioner should be mentioned;
vi) Either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;
vii) the debts and securities as to which the succession certificate is applied for should be mentioned;
viii) the absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned.
i) An application should be made to The District Judge under section 372 of the Act;
ii) the petitioner must sign and verify the petition;
iii) the residences of the relatives and family of the deceased must be mentioned;
iv) In case of The Hindu Succession Act (Act XXX OF 1956), the names of the heirs must be mentioned in the petition;
v) the right of the petitioner should be mentioned;
vi) Either Ordinary residence of the deceased, at the time of death, or the property of the deceased should be within the limits of the Jurisdiction of the Court concerned;
vii) the debts and securities as to which the succession certificate is applied for should be mentioned;
viii) the absence of any impediment u/sec. Sub section (1) of Section 370 of the Act or any other provisions of the Act or any other enactments to the grant of succession certificate or to the validity of it in case of it was granted, must be mentioned.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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