PARTITION OF INHERITANCES _g S.L.308.01 1
SUBSIDIARY LEGISLATION 308.01
PARTITION OF INHERITANCES REGULATIONS
31st July, 1984
LEGAL NOTICE 35 of 1984.
Title.
Regulations.
Written pleadings.
Cap. 12.
Cap. 308.
2. The provisions of Title IV of Part I of Book II of the Code
of Organization and Civil Procedure other than article 178 thereof,
and of any regulations made thereunder shall apply  mutatis
mutandis  to written pleadings and other acts of procedure filed in
or before the Partition of Inheritances Tribunal in so far as those
provisions are not incompatible with the Partition of Inheritances
Act or of any regulation made thereunder.
Contents of 
application.
3. The application to the Tribunal shall contain:
( a ) a clear and concise statement of the facts, without
reference to authorities:
(i) each fact shall be stated in a separate paragraph;
(ii) each paragraph shall be numbered and express
reference shall be made therein to every
document or other evidence touching such facts;
( b ) the claim which shall clearly and correctly state the
object thereof.
Filing of 
application.
4. ( a ) The application may be filed in the Registry of the
Tribunal by the applicant or one of the applicants and
the facts therein stated shall be confirmed on oath
before the Registrar.
( b ) The application shall be signed at the end thereof by
the applicants or by the person duly representing them
on their behalf.
Documents to be 
produced with 
application.
5. (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
2 _g S.L.308.01 PARTITION OF INHERITANCES
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.
Mode of 
production of 
documents.
6. (1) The documents referred to in regulation 5 shall be
accompanied by a note showing the nature of such documents and
the particular proof which it is intended to make thereby. 
(2) Such note shall be served on the opposite party.
(3) This regulation shall apply in all cases where documents
are produced.
Contents of 
answer.
7. (1) Where the respondent does not intend to admit wholly
the claim of the applicant his answer shall contain:
( a ) any plea as would be taken to be waived if not raised
before the contestation of the suit;
( b ) (i) a denial, or an admission or explanation of the
circumstances of the fact set out in the
application;
(ii) the provisions of regulation 3( a )(i) and (ii) shall
apply to this sub-paragraph;
( c ) a clear and concise statement of the pleas on the merits
of the claim without reference to authorities; and
( d ) the demand of the respondents.
(2) The respondent shall produce all such documents in
support of his contentions as it may be in his power to produce.
(3) All documents in support of the pleas shall be produced
together with the answer, and where any such document is not so
produced it may not without leave of the Tribunal be produced at
any later stage of the proceedings.
PARTITION OF INHERITANCES _g S.L.308.01 3
Points of 
disagreement.
8. The parties may, by leave of the Tribunal, by means of a
note state any points of disagreement with the contents of written
pleadings, with documents filed therewith and with the contents of
notes already filed.
Filing of answer.
shall apply also to the answer.
List of witnesses.
also be produced by the applicant and respondent respectively a list
of the names of the witnesses the party intends to produce,
including the subpoena of the other party, stating in respect of each
of them the proof he intends to establish by their evidence.
Mode of admitting 
claim.
11. Where the respondent intends to admit the claim wholly
and unconditionally, it shall be sufficient for him to file a note to
that effect.
Service of answer.
notes filed therewith shall be served on each of the applicants.
Witnesses.
been given in the list referred to in regulation 10, unless the
Tribunal is satisfied that the witness was not known to the party at
the time of filing the application or the answer, as the case may be,
or the necessity of producing the witness arises at any time after the
filing of the application or answer.
Date of hearing.
Cap. 308.
14. (1) When the time for filing the answer expires or earlier
if all the respondents have filed the answer to the application, or
when a matter has been transmitted to the Tribunal in terms of
article 9 of the Partition of Inheritances Act, the Tribunal shall set a
date for the hearing of the case and the Secretary shall cause a list
of the cases which are to be heard on a particular sitting of the
Tribunal to be posted up in the Registry of the Tribunal.
Cap. 12.
Organization and Civil Procedure shall apply to the list referred to
in subregulation (1).
(3) The Secretary shall cause the parties to be served with a
notice of the day appointed for hearing at least two working days
before the day so fixed.
Fees.
Cap. 12.
15. The fees set out in the Schedules to the Code of
Organization and Civil Procedure shall  mutatis mutandis  apply to
fees due to the Registry of the Tribunal and advocates, including
persons duly representing the parties in the proceedings, in respect
of causes before the Tribunal, and for the purpose of this regulation
the Partition of Inheritances Tribunal shall be deemed to be a
superior court.
