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S.L. 308.1 · Partition Of Inheritances Regulations (S.L. 308.1)

S.L. 308.1 ст. 5Documents to be produced with application.

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(1) The applicant shall, together with the application, produce all such documents in support of his claim as it may be in his power to produce.

(2) Without prejudice to the generality of subregulation (1), the applicant shall, with the application, produce:

(i) the death certificate of the person from whom the inheritance devolves;

(ii) the certificates from the Public Registry and the Courts showing the will or wills regulating the succession of the person from whom the inheritance devolves or that such person died intestate, as the case may be;

(iii) a copy of each will regulate the succession of the person from whom the inheritance devolves;

(iv) where the succession has been declared open in favour of any person by the Second Hall of the Civil Court or by the Court of voluntary jurisdiction in Gozo, an authentic copy of the decree declaring the opening of such succession;

(v) a statement showing the share of the inheritance pertaining to each of the co-owners;

(vi) a genealogical tree showing the relationship of the co-owners of the property to be partitioned, with the person from whom the inheritance devolves, and where any or all the co-owners are not so related a declaration stating such fact;

(vii) a list of all the property that is to be partitioned, and in the case of immovable property a description thereof together with a plan showing the location and area of such property;

(viii) a certificate issued by the Commissioner of Inland Revenue that death duty on the inheritance has been paid or that the inheritance is not chargeable under the Death and Donation Duty Act.

(3) Where any person fails to produce any document in accordance with this regulation, he may not without leave of the Tribunal produce such document at any later stage of the proceedings.