Maharashtra - Get Proclamation Certificate

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Procedure

Apply In-Person:

1. In order to be recognized by the Court as heir, executor or administrator of one deceased, one shall apply with their respective district court as appropriate.
2. Link for the office contact details: link1 in the given page, please select the state to reach a new page. In the respective state page, please select your required district to reach the applicable district court page. Here, select “Contact Us” option on the left part of the page for contact details and link2
3. The applicant shall hire a lawyer. The applicant should provide full details to the lawyer.
4. Once the preliminary interaction is over, the lawyer will prepare the petition to file for getting proclamation certificate.
5. Please sign the documents as advised by the lawyer. Once the documents for filing are ready, the lawyer will file the petition by paying the required court charges.
6. Once the filing is successful, the court will allot a unique case number in the order of the case filed.
7. The court shall issue a form of proclamation, inviting all persons who dispute the right of the applicant to appear in the court within one month from the date of the proclamation and enter their objections.
8. if no sufficient objection is offered, the Judge will proceed to receive the proof of the right of the applicant. If satisfied, the court will grant a certificate to the recognized heir, executor or the administrator.
9. The appellant shall follow the court’s notification and follow the lawyer’s guidelines to get the order.

Note

• The court may publish a copy of the proclamation in a daily newspaper circulating in the place in which such person ordinarily resides.

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Required Documents

• Signed petition by the applicant or by their advocate
• Applicant’s residence proof (Ration card / Bank pass book / Telephone bill / Aadhaar card)
• Applicant’s identity proof (Voter ID / Passport / Aadhaar card / Driving licence)
• Death certificate of the deceased
• Document proof to show their relationship/connection with the deceased
• Written statement
• Self-affidavit
• Any other relevant papers as the counsel feel necessary
• Aadhaar card

Note: Apart from the above documents, please provide those documents as advised. Please provide them for processing.

Office Locations & Contacts

Chief Metropolitan Magistrate's Court,
Esplanade Court, Mahapalika Marg, Mumbai - 400 001
Phone: 022 – 22655773
Contact: link1 and link2

Department of Justice,
Shastri Bhawan, A-Wing,
Dr. Rajendra Prasad Road,New Delhi,Delhi (NCT) - 110001
Phone: 01123383674
Fax: 01123384516
Email: [email protected]
Contact: link

Eligibility

• Whenever a person dies leaving a property, whether moveable or immovable, the heir or the executor, or the legal administrators are eligible to apply.

Fees

• The court fee is payable as per the schedule as advised by the court clerks / lawyers.
• A lawyer’s fee depends upon his experience.

Validity

• This certificate is valid for the execution of the said moveable and immovable property.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The whole process shall be completed within thirty to forty-five (45 - 60) days of filing the petition.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M".

Instructions

• Please avoid spelling mistakes while drafting the petition.
• Make sure to provide correct date and time of the incidents while drafting the petition.

Required Information

• Name of the applicant
• Address of the applicant
• Name of the deceased
• Place of death
• Date of demise
• Date of application
• Aadhaar number
• Mobile number
• Email ID

Need for the Document

• A proclamation certificate is required whenever a person dies leaving property, whether moveable or immovable, the heir or executor, or legal administrator, may assume the management, or sue for the recovery, of the property, in conformity with the law of usage applicable to the disposal of the said property as recognized by the Court.
• A proclamation certificate is the one which is sanctioned against the proclamation, inviting objections from the public in the respective applicant’s area of residence.

Information which might help

• As the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof, the granting of such certificate shall not finally determine nor injure the rights of any person and the certificate shall be annulled by the district Court, upon proof that another person has a preferable right.
• It is a punishable offence to try with fraudulent documents to get this certificate.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• Please use the following link for additional information: link

Others

More information which might help people.