Application for certificate

Application for certificate.-

1. (1) Application for such a certificate must be made to the District Court by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, for the signing and verification of a plaint by or on behalf of a plaintiff and setting forth the following particulars, namely:-
   • (a) 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 Court to which the application is made, then the property of the deceased within those limits;
   • (b) the family or other near relatives of the deceased and their respective residences;
   • (c) the right in which the petitioner claims;
   • (d) the absence of any impediment under section 4 or any other provision of this Act or any other enactment, to the grant of the certificate or to the validity of the certificate if it were granted;
   • (e) the debts and securities, in respect of which the certificate is applied for.
2. (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 subject to the provisions of the law for the time being in force for the punishment of giving or fabricating false evidence.
3. (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.