Section 372 of ISA : Section 372: Application For Certificate

Explanation using Example

Imagine that Mr. Sharma, a resident of Delhi, passes away leaving behind a savings account and some shares in a company. His son, Mr. Amit Sharma, wants to access these assets to settle his father's debts and distribute the remaining to the legal heirs. Since the assets are financial and the amount exceeds the threshold where a legal heir certificate is not sufficient, Amit needs to apply for a Succession Certificate under Section 372 of the Indian Succession Act, 1925.

Amit submits a petition to the District Judge of Delhi. In his petition, he includes the required particulars:

• Mr. Sharma's date of death;
• The fact that his father was a resident of Delhi at the time of death;
• Details of Mr. Sharma's family, including Amit's siblings and their addresses;
• Amit's claim as the son of the deceased;
• A statement that there is no legal impediment to him receiving the certificate;
• The details of the savings account and shares for which the Succession Certificate is sought.

Amit ensures that all statements in the petition are true to avoid any legal consequences under section 198 of the Indian Penal Code, 1860.

Once the court is satisfied with the petition, it may grant the Succession Certificate to Amit, enabling him to settle the debts and distribute the assets according to the law.