Intestate succession

(1) Distribution of Estate of an Intestate - The estate of an intestate shall devolve in accordance with the provisions contained in sections 49 to 60 of the Code. (2) Declaration of Legal Heir(s) - A person who is not a minor and not of an unsound mind, may make a declaration regarding her/his legal heir(s) on paying a fee prescribed as determined by the State Government through notification time to time. An application for registering such a declaration may be presented to the Sub-Registrar concerned. Such an application shall contain the details of the legal heir(s) in accordance with the classification mentioned in sub rule (1) of rule 12 above or state that the person has no legal heir. The certificate issued by the Sub-Registrar regarding the declaration of legal heir(s) is merely a proof that a declaration was made by the declarant regarding her/his legal heir(s). (3) Information to be included in Declaration of Legal Heir(s) - The declarant shall be required to furnish the following information for declaring her/his legal heir(s) – (a) Type of Declarant – (i) Resident of Uttarakhand; or (ii) Indian citizen who is not a resident of Uttarakhand but has an estate within the territory of Uttarakhand; or (iii) Foreign National having an estate within the territory of Uttarakhand. (b) Details of the Declarant - Aadhaar number; Name; Date of birth; Nationality; Religion; Category (General/SC/OBC/ Other); Phone number; Email id; Present & permanent address; Proof(s) of Residency (wherever applicable); (c) Jurisdictional Sub-Registrar - Sub-Registrar having jurisdiction over the place of present or permanent address of the Declarant or where her/his estate is located; (d) Details of the Legal Heir - Aadhaar number; Name; Date of Birth; Gender; Nationality; Religion; Phone number; Email id; Present and permanent address and Relationship of legal heir(s) with the declarant; (e) Details of Witnesses - Aadhaar numbers; Names; Addresses and Phone numbers of two witnesses who will testify that the declaration is being made by the declarant voluntarily; (f) Supporting Documents - For supporting the information to be furnished under clause (a) to (e) above, copies of the following documents need to be provided/uploaded – (i) Proof of age: Birth certificate or PAN card or Passport or Transfer/School leaving/Matriculation Certificate or Policy Bond issued by the Public Life Insurance Corporation/Companies having the DOB of the holder of Insurance Policy or Copy of an extract of the service record of the applicant (only in respect of Government Servants) or Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concern Ministry/Department of the applicant or Election Photo Identity Card or Driving License; (ii) Proof of Residency – Any one of the following- (a) Domicile certificate or permanent resident certificate; (b) Certificate from employer or other documentary proof of employment in case the declarant claims to be an employee of Central/State Government or their undertakings/entities; (c) For resident claiming to be living in Uttarakhand for one year or more, at least one year old electricity/water bill or relevant extracts of Passport or rent agreement along with at least one year old tenant verification certificate; or (d) For resident claiming to be beneficiary of a State/Central Government sponsored scheme applicable in the State, the beneficiary card or the beneficiary number or any other valid document supporting the claim, issued by Central/State Government. (iii) Proof of Relationship – (a) In case of Spouse - Copy of Marriage Certificate or any other documentary proof of relationship; (b) In case of a Child - Copy of Birth Certificate/Adoption Certificate or any other documentary proof of relationship; (c) In case of a Grandchild - Copy of Death Certificate of the deceased child who was the parent of the grandchild and copy of Birth Certificate/Adoption Certificate of the grandchild or any other documentary proof of the relationship; (d) In case of a Great Grandchild - Copy of Death Certificate of the deceased grandchild and the child who were the parent and grandparent respectively of the great grandchild and copy of Birth (a) Domicile certificate or permanent resident certificate; (b) Certificate from employer or other documentary proof of employment in case the declarant claims to be an employee of Central/State Government or their undertakings/entities; (c) For resident claiming to be living in Uttarakhand for one year or more, at least one year old electricity/water bill or relevant extracts of Passport or rent agreement along with at least one year old tenant verification certificate; or (d) For resident claiming to be beneficiary of a State/Central Government sponsored scheme applicable in the State, the beneficiary card or the beneficiary number or any other valid document supporting the claim, issued by Central/State Government. (iii) Proof of Relationship – (a) In case of Spouse - Copy of Marriage Certificate or any other documentary proof of relationship; (b) In case of a Child - Copy of Birth Certificate/Adoption Certificate or any other documentary proof of relationship; (c) In case of a Grandchild - Copy of Death Certificate of the deceased child who was the parent of the grandchild and copy of Birth Certificate/Adoption Certificate of the grandchild or any other documentary proof of the relationship; (d) In case of a Great Grandchild - Copy of Death Certificate of the deceased grandchild and the child who were the parent and grandparent respectively of the great grandchild and copy of Birth Certificate/Adoption Certificate of the great grandchild or any other documentary proof of the relationship; (e) In case of Parents - Copy of Passport of declarant or any other documentary proof of relationship; (f) In case of a widow of a deceased son - Copy of Death Certificate of the deceased son and copy of certificate of marriage between the deceased son and his widow or any other documentary proof of relationship; (g) In case of a widow of a deceased grandson - Copy of Death Certificate of the deceased grandson and of the deceased son and copy of certificate of marriage between the deceased grandson and his widow or any other documentary proof of relationship; and/or (h) In case of Grandparent, Sibling, Sibling of Parents, Nephew & Niece, Brother's Widow - Any documentary proof of relationship. (i) Photograph(s)– (i) of the Declarant; and (ii) of the legal heir(s) (4) Additional information to be included in the Declaration if the Declarant is a Foreign National – (a) Address of the foreign national in the country of her/his origin; (b) Documents to be provided/uploaded - Extracts of Passport and proof of ownership of the estate situated in Uttarakhand. (5) Process for Submitting Application for Declaration of Legal Heir(s) - The declarant intending to declare her/his legal heir(s) may do so by following the online process. (6) Procedure for Online Submission of the Declaration of Legal Heir(s) - A declarant may submit online the declaration of legal heir(s) herself/himself or with the help of any agency/agencies as determined by the State Government through notification from time to time for which the agency/agencies may charge a service fee, as determined by the State Government. In both cases the following procedure shall be followed – (a) Visit and follow the step-by-step procedure prescribed in the official Web-portal of the Code i.e., www.ucc.uk.gov.in or download the Mobile App and follow the step-by-step procedure prescribed therein; (b) The first step for online declaration of legal heir(s) shall be one-time signing-up for which the declarant shall be required to enter her/his Aadhaar number. An OTP will be received on the mobile number linked with the Aadhaar number, which will then need to be entered so as to complete the process of verification. For all future processes, the Aadhaar number will be the user identification number for the declarant; (c) For submitting a declaration of legal heir(s), the declarant shall be required to login through the Aadhaar number which will be verified each time following the process mentioned in the clause (b) above; (d) The Web-portal/Mobile App shall be so designed that after logging in, the declarant is guided in a step-by-step manner to either enter the requisite information or select one of the options from a menu of choices or upload a copy of a document. Before logging-in, the declarant is advised to keep the information required under sub rule (3) and (4) of rule 12 above readily available so that the submission of declaration of legal heir(s) takes place smoothly; (e) Procedure for recording Witness's testimony - After getting the Aadhaar authentication done and, thereafter, submitting the requisite details mentioned under sub rule (3) and (4) of rule 12 above, each Witness shall be required to record a self-video on the Web-portal/Mobile App of the Code reading out a declaration followed by a system generated code that will appear on the device's screen at the time of recording the self video; (f) Procedure for recording Declarant's Declaration - After getting the Aadhaar authentication done and, thereafter, submitting the requisite details mentioned under sub rule (3) and (4) of rule 12 above, the declarant shall be required to record a self-video on the Web-portal/Mobile App of the Code, reading out a declaration followed by a system generated code that will appear on the device's screen at the time of recording the self video. The format of declaration is as follows – "I, hereby, declare (name(s) of legal heir(s)) as my legal heir(s). I maintain good health, and possess a sound mind. This declaration is made by me of my own independent decision and free volition. I have not been influenced or coerced in any manner whatsoever." (7) Fees for Declaration of Legal Heir(s) - A fee as determined by the State Government through notification from time to time shall be chargeable for declaration of legal heir(s). This fee may be paid digitally through net banking, or through credit or debit card, or through UPI options.