Declaration of heirship

Section 346 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 deals with declaration of heirship. 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.

(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) For the purpose of execution of a deed of declaration of heirship the interested party shall submit an application in writing before the Special Notary having jurisdiction over the place where the succession opens upon death of the concerned estate leaver/ /deceased person as per section 8, clearly stating therein the following details, namely :- (i) the name/s and permanent residence of the deceased person/s;

(ii) the place of death of deceased person/s;

(iii) residence of the deceased person/s at the time of death;

(iv) the time of death of the deceased person/s (if such time of death is known to the interested party);

(v) the name, address and contact number of interested party;

(vi) the right in which the interested party claims heirship of the estate leaver/ /deceased person;

(vii) the names, addresses and contact numbers of all other legal heirs of the estate leaver/deceased person;

(viii) the details of the family or other relatives of the deceased person/s alongwith their residential address and contact numbers; and (ix) reason for execution of deed of declaration of heirship.

(3) 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 person. 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 application, whether the value of the inheritance exceeds Rs. 10 lakhs or not and he shall disclose the names of the spouses of the heirs, if any.

(4) The declarants shall produce the following documents: - (a) death certificate of the deceased person;

(b) will or gift deed mortis causa, when the succession is founded on such document;

(c) document/s to prove the relationship of the heir or heirs to the deceased person/s;

(d) the certified copies of photo identity proof of the interested party and all other legal heirs as specified in the application submitted under sub-section (2).

(5) The provision of production of documents as specified in sub-section (4) shall be scrupulously followed by the Special Notary and reference of all such documents produced alongwith the application shall be made by him to that effect in deed of declaration of heirship.

(6) The application under sub-section (2) shall be submitted in the manner as prescribed under rules 14 and 15 of the Order VI of the Code of Civil Procedure, 1908 (5 of 1908) for signing and verification of the pleadings and the date shall be mentioned on the application. All the documents as specified in sub-section (4) shall be annexed to the application.

(7) 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.

(8) In the event when a party to succession deed produces documents of his identity and the names on the documents produced are different, the parties may produce a certificate issued by the Mamlatdar for certifying the names appearing in different certificates are that of one and the same person.

(9) When all the interested parties are abroad, a constituted attorney with special powers may make the declaration required under sub-section (3).

(10) 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.

(11) If the declarant/s 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 (3), they shall be liable for penal action under sections 227 and 236 of the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023).

(12) 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.

(13) 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.

(14) The application submitted by the interested party under sub-section (2) shall be a part of the record of the Special Notary and it shall be preserved alongwith the other records.

(15) 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.

(16) 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 of the interested parties and other identification particulars, in the Government Gazette. When the value of inheritance exceeds Rs. 10 lakhs in all, such extract shall also be published in an English newspaper and a newspaper in local language in circulation in the locality where the deed is drawn. The Special Notary shall require the interested party or parties to advance the expenses towards the publication of the notice.

(17) Any person claiming to be an heir of the deceased who has not been named in the declaration may file a suit for declaration of heirship and consequential reliefs. If such suit is filed, a notice thereof shall forthwith be given by the Court to the respective Special Notary or by the Plaintiff in the suit, enclosing a certified copy of the plaint.

(18) If the Special Notary has not received any notice from the Court or the Plaintiff, he shall, within 30 days of the publication of the extract, issue a certified copy of declaration of heirship, which shall contain an endorsement that no such communication of institution of any suit has been received by him.

(19) Failure to file suit under sub-section (17), shall not deprive the aggrieved party to challenge the deed of declaration within the period of limitation. 24[346A. Printed Deed of Declaration of Heirship .- (1) The Declarants and interested parties as specified in section 346 may opt to present to the Special Notary, a computer generated printout in black ink of the unsigned Deed of Declaration of Heirship, written in the language of the Court, complying with all the legal formalities as specified under section 346 and other provisions under this Act on a standard ledger paper (Legal Size) leaving a margin of 5 cm. on left side, 3 cms on top and the bottom and 2 cms. on the right side of the paper. The print shall be in Times New Roman Script with double spacing and continuous without break between words and numbers shall be written in words, accompanied by all the documents required for registration of said deed.

(2) Upon submission of printed Deed of Declaration of Heirship, all the parties shall put their name, sign and thumb impression by appearing in the office of the Special Notary, and thereafter the Special Notary shall sign the said deed.

(3) All the printed Deeds of Declaration of Heirship registered before the Special Notary alongwith all the supporting documents, until they are preserved in a form of a bound book, as provided in sub-section (4), shall be maintained in a provisional file. In the same file, all the Deeds of Declaration of Heirship so presented shall be kept as per the serial order of its presentation and their pages numbered serially.

(4) At the end of every 200 sheets, the District Special Notary of the concerned district shall initial all the pages of the Deed of Declaration of Heirship contained in the file and ensure that the sheets are bound in a book.] CHAPTER XXVII Void Notarial Acts

Section 346, The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (Act 23 of 2016).