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- What is a Probate
What is a Probate Download Word Document In English. (Rs.150/-) Download PDF Document In Marathi. (Rs.150/-) A Probate means certification of the copy of a Will under the seal of a court having jurisdiction thereof. It is an instrument that bestows a right of administration to the estate of a testator. As per the Section 222 of the Indian Succession Act, 1925, a probate is granted only to the executor and no other person, if such person is not named either expressly or impliedly in the Will. Such a person cannot make an application for obtaining a grant of probate of the Will. Section 213(1) makes it a requisite for every legatee or executor to acquire a probate of the Will or Letter of Administration with the Will prior to execution of the Will for creating any right in a court of law about the subject matter of the concerned Will and any estate stated therewith. In other words, an executor or the legatee can only complete their obligations in disposition of the deceased estate, when they duly obtain a Probate/Letter of Administration from a court of competent jurisdiction. The Will which is required to be probated as per the provisions of the Indian Succession Act, 1925, if not probated, has no legality and cannot be enforced. The Hon’ble Supreme Court in Chiranjilal Shrilal Goenka vs. Jasjit Singh and others held in the following words: “… the only issue in a probate proceeding relates to the genuineness and due execution of the Will and the court itself is under a duty to determine it and preserve the original Will in its custody. The Succession Act is a self-contained code in so far as the question of making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate court. This is manifested in the fascicule of the provision of Act. The probate proceedings shall be conducted by the probate court in the manner prescribed in the Act and no other ways. The grant of probate with a copy of the Will annexed establishes conclusively as to the appointment of the executor and the valid execution of the will. Thus, it does no more than establish the factum of the will and the legal character of the executor. The Probate court does not decide any question, of title or of the existence of the property itself.” Limitation for filing an application for probate There isn’t a specified time limit for the grant of probate. In case the estate is in the possession of the administrator the question of the probate does not arise. The probate is conclusive only concerning the authenticity of the Will submitted before a Court. However, Art 137 of the Limitations Act, 1963 states that limitation for making an application for which no specified time is prescribed in the particular act is three years. This provision was emphasised by the Hon’ble Supreme Court in the case of Kunvarjeet Singh Khandpur v. Kirandeep Kaur & Ors., and Kerala State Electricity Board, Trivandrum v. T.P. Kunhaliumma. Reasons Probate Is Necessary A probate is necessary in case no Will is executed. Probate helps to determine the beneficiaries and to apportion the deceased’s assets and title in the property. In cases where a valid Will exists, a probate is required for the assets of an estate (other than the smaller estates) to be appropriately disseminated to the termed beneficiaries for proper distribution of assets to be bequeath through the Will In some cases, the authenticity of the Will may be questioned due to mistakes in drafting. To remove such errors, a probate is required. It is not always that a person will be appointed as an executor of the Will. At times, any institution, firm, or a bank may be appointed as executor. In such a case, it may waive the requirement that a Will has to be probated before Property/ money derived from it is transferred to the beneficiary. This can be done where the beneficiary is the principal heir-at-law, and other all other probable heirs-at-law have waived their rights by signing a waiver authorizing the executor / transfer the property, as the case may be, to the beneficiary. Probate of Will is essential when an estate’s assets are solely in the name of the deceased, who owned the property with no other names attached to it. The Will has to be probated to transfer the property in the name of the beneficiary(s). In case there are no beneficiaries named or they have predeceased the testator, it is necessary to obtain probate of the Will. In case the beneficiaries are not named or are predeceased, the Will has to be probated to transfer funds or titles into beneficiaries’ names. In the case that a deceased person is not the sole owner of a property, but owns it along with other persons, probate has to be obtained to remove the deceased’s name from the property jointly owned, and transfer own share of the property to the appropriate beneficiaries. Details required for filing a probate petition For filling a probate, we require the details of the deceased person, the executor, the heir, the Will and the property that has to be bequeathed through that Will as mentioned below. (A) For the deceased- Full name Nationality and current country of residence. Latest permanent residential address (where the deceased resided at the time of his/ her death) Marital status of the deceased Occupation of the deceased at the time of his/ her death True copy of death certificate. (B) For the Will- Date of execution of the Will Place of execution of the Will Whether the Will was registered or not? (C) For the Heir/s- Personal details of the heir/s Relation of the heir with the deceased If any heirs have pre-deceased the deceased? (D) For the Executor Number of executors appointed Name of the executor. Nationality and current country of residence. Age Latest permanent residential address (E) For the property that is to be bequeathed- Nature of property- movable/ immovable/ tangible/ intangible. In case of immovable property- address and description of the property In case of intangible or intellectual property- registration details of a trademark, copyright, patent, design thereof if any Filling of a probate petition Law gives a definite procedure for filing a probate petition. According to Section 276 of the Indian Succession Act, an application for a probate petition has to be made in English or the language in ordinary use in proceedings before the respective Court. A copy of the Will has to be annexed with the application. The below mentioned details have to be provided- the time of occurrence of the death of the testator. Copy of the latest Will made by the testator. proof that the Will has been duly executed. the list of the assets to be bequeathed through the Will. proof that the petitioner or the executor has been named in the Will at the time of filling an application for probate. proof that the deceased at the time of his demise had a secure place of residence, or had some property, situate within the jurisdiction of that particular Judge when the application is made to the District Judge proof that the deceased at the time of his demise had a secure place of residence within the jurisdiction of such Delegate when the application is made to a District Delegate. Documents Required for obtaining a Probate While applying for obtaining probate the below-mentioned documents are required to be submitted. Submission of these documents is a requisite for proving the genuineness of the Will. The Will is not only genuine, but also the latest Will made by the testator. The courts often consider the question of whether the Will that is sought to be probated is the last and final Will of the testator. The proof of death of the testator. (Copy of death certificate of the deceased). Proof that the Will is validly executed in clear conscience without any coercion or undue influence on the testator. Along with the application, the petitioner has to furnish a blank stamp paper of value equivalent to the necessary court fee on which the court grants the probate. After the petition is filed in the court, the court issues notice to the next of kin of the deceased. This notice gives the next of kin of the deceased an opportunity to file their objections and make claims on the estate of the deceased. If no objections are filed, probate is granted right away. A General public notice is given in the newspaper as a declaration. BEFORE THE ___________ JUDGE _________COURT PETITION NO. __________ OF 20__ Petition for probate of the will of (a)____________________Deceased. IN THE MATTER OF: Mr. AAA_________ PETITIONER R/O_____________ OCCUPATION _________ (If deceased was a bachelor or spinster that should be stated) PETITION FOR PROBATE OF WILL OF XXX EXPIRED ON ____ IN FAVOUR OF AAA SON OF XXX BY CASTE _____ UNDER SECTION 276 OF INDIA SUCCESSION ACT, 1925 MOST RESPECTFULLY SHOWETH: (1) That the above-named XXX (hereinafter after to as said deceased) who being a Hindu ruled by Hindu Succession Act and expired on the ______ day of _________ at_______ within the jurisdiction of this court which had been his fixed place of residence (or where he was temporarily resident, his fixed place of residence being at ____________________) within the jurisdiction of this court or leaving the property within the jurisdiction of this court as will appear from the affidavit of assets instituted herewith.(2) That the said deceased left a writing, which is his last will and testament. The said writing, hereinafter referred to as the will, is marked Exhibit "A" and is handed in separately for being filed and kept in a safe place in the office of the Prothonotary and Senior Master. A copy of the said will is hereto annexed and also marked Exhibit "A'.(3) That the said will duly executed at ______ on the ______ day of ______20 ______ (5) That the petitioner is the executor or one of the executors named in the said will or the executor according to the tenor thereof. (6) That the petitioner has truly set forth in schedule No. I, hereto annexed and marked Exhibit "B", all the property and credits which the deceased died possessed of or entitled to at the time of his death, which have or are likely to come to his hands.(7) That the petitioner has truly set forth in schedule No. II, hereto annexed the marked Exhibit "C", all the items that by law he is allowed to deduct for the purpose of ascertaining the net estate of the deceased.(8) That the petitioner has truly set forth in Schedule No. III, hereto annexed and marked Exhibit "D", the property held by the deceased as trustee for another and nor beneficially or with general power to confer a beneficial interest.(9) That the assets of the deceased after deducting the items mentioned in Schedule No. II but including all rents, interest and dividends which have accrued since the date of the death of the deceased and increased value of the assets since the said date are of the value of Rs ______ (10) The value of assets which will come to petitioner's hands in case of probate of the will or letters of administration with a copy enclosed thereto being allowed does not exceed the aggregated sum of Rs. ______ and the net amount after deducting all items which he is legally allowed to deduct by him being under the value of Rs. ______(11) That the deceased was a Hindu ruled by Hindu Succession Act (Act 30 of 1956) and at the time of his expiry he left the following and none other relations who would have been his successors in case of intestacy under the said Act.Name , address, age and relationship: remarks, if any (full details)(12) That petitioner has duly paid the ad valorem duty payable relating to property of deceased.(13) That no application has been made before any other court in probate of said will/letters of administration with a copy enclosed thereto and no proceedings or suit are pending for managing of the estate.(14) petitioner hereby undertakes to manage the estate with credits of the said A deceased and to make and file a full and true inventory thereof for exhibiting the same in this court by six months from date of granting probate of will (or letters of administration) to him, and also give this court a true account of said estate with credits by one year from said date.15. That this application is made bona fide. 16. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to: P R A Y E R That the Plaintiff, therefore, prays: a) to pass order to probate will dated ________ in favour of the Petitioner effecting throughout the State of _______. b) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice. VERIFICATION BY THE APPLICANT I, ______ ______ ______ the above-named petitioner, do hereby declare and say that the statements contained in paragraphs to and of the above petition are true to my best knowledge and those bearing in paragraphs and thereof are my presentations.Verified at __ on this ______ day of _____ 20__ PETITIONER DECLARATION OF WITNESS I,_______________ one of the witnesses to the last will and testament of __________ the testator stated in the above petition, do say and declare that I was present on the _______________ day of_____ at _______________ and saw the testator affix his hand/signature or mark to said will, marked A per Affidavit of _______________ instituted herewith (or that the said testator admits the writing enclosed to above petition and marked A, to be his last will/testament in my presence).Solemnly affirmed by the said ______ witness this ______day of ______ at ______Court House at Bombay SignBefore meCommissioner/Magistrate/Oath Office Conclusion A probate elucidates a Will and shields an estate from any objection or claims to the definite beneficiaries of inheritance. Although having Probate for a Will is an effective method, and sometimes indispensable, it is not obligatory in each matter related to a Will. The strategies available depend on nature and shared ownership of the property in the estate. IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole / one of the Executor of the Will … Petitioner To THE HON’BLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THE HON’BLE HIGH COURT THE PETITION OF THE PETITIONER ABOVENAMED MOST RESPECTFULLY SHEWETH: (1) That the abovenamed _________ alias __________ alias ______ died at _______ on ______________. Hereto annexed and marked Exhibit “A” is the copy of the death certificate. (2) That the said deceased at the time of his death had a fixed place of abode at ________________________________, India and has / has not left any immovable property within Greater Bombay and in State of Maharashtra and elsewhere in India. (3) That the said deceased left writing, which is his last will and testament. The said writing, hereinafter referred to as the will, is marked Exhibit “B” and is handed in separately for being filed and kept in a safe place in the office of the Prothonotary and Senior Master. A copy of the said Will is hereto annexed and also marked as Exhibit “B” (4) The said Will was duly executed and registered with the Sub-Registrar of Assurance __________, bearing registration No. __________, at ______ on ____________. That the Petitioner is the Sole / one of the Executor named in the said Will and in that capacity has filed this Petition for Probate. (5) That the Petitioner has truly set forth in Schedule No. I hereto annexed and marked Exhibit “C” , all the property and credits which the deceased died possessed of or entitled to at the time of his death, which have or are likely to come to Petitioner’s hands. (6) That the Petitioner has truly set forth in Schedule No. II, hereto annexed and marked Exhibit “D” , all the items that by law he is allowed to deduct for the purpose of ascertaining the net estate of the deceased. (7) That the assets of the deceased after deducting the items mentioned in Schedule No. II but including all rents, interest and dividends which have accrued since the date of the death of the deceased and increased value of the assets since the said date are of the value of about Rs.__________ (Rupees ____________ Only). (8) That the said deceased left him surviving as his only heirs and next-of-kin according to Indian Succession Act, 1925, the following persons who are residing at the addresses set out against their respective names :- Sr. No. Name Relationship with the Deceased Address 1 __________, Age: ___ 2 __________, Age: ___ The Petitioner states that all the above next of kin have given their full and free consent in favour of the Petitioner. The consent given by the above named next of kin of deceased are annexed hereto. (9) That save and except the heirs mentioned herein above, there are no other heirs left by the deceased. (10) That no application has been made to any District Court or District Delegate or to any other High Court for probate of any will of the said deceased or for Letters of administration with or without the will annexed, to his property and credits. (11) The Petitioner states that the deceased having bequeathed the said Immovable / movable property by virtue of the present Will, Probate having effect through out India has been prayed for. (12) The Petitioner therefore prays:- That Probate may be granted to the Petitioner having effect throughout the State of Maharashtra and the Union of India. Advocate for the Petitioner Petitioner VERIFICATION I, _____________, the Petitioner abovenamed, do hereby solemnly declare that whatever is stated in the paragraphs ___ to ______ are true to my own knowledge and what is stated in remaining paragraphs _______ is stated on information and belief, and I believe the same to be true. Solemnly Affirmed at Bombay ) This day of June 2011 ) Petitioner Before Me IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner SCHEDULE NO. I Schedule of property Valuation of the movable properties of the deceased Bank Balance - Rs. Ps. Fixed Deposits Mutual Funds Less Debts payable as per Schedule II Net Total Advocates for Petitioner Petitioner IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner SCHEDULE NO. II Schedule of Debts, etc . Funeral Expenses Total Advocates for Petitioner Petitioner IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner I, ____________, a __________ (relationship with the deceased) of the Deceased, the Petitioner, do hereby swear and state that I believe that the WILL referred to in the Petition herein and marked Exhibit “ B ” is the last Will and testament of deceased Late ____________ alias _____________ alias ___________ and that I am the Sole / one of the Executor therein named and that I will faithfully administer the property and credits of the said deceased and in any way concerning his will by paying his debts and then the legacies therein bequeathed so far as the said assets will extend, and that I will make and exhibit a full and true inventory of the said property and credits in this Hon’ble Court within six months from the date of the grant to be made to me or within such further time as the administrator to this Hon’ble Court within one year from the same date or within such further time as the said Court may from time to time appoint and also render true account of my administration to this Hon’ble Court may from time to time appoint. Solemnly affirmed at Mumbai, ) This …… Day of ……………2013 ) Petitioner Before me, Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner I, _________ , aged about ______ years, residing at __________________________, do hereby solemnly affirm and say as follows: (1) That I knew and was well acquainted with the deceased ________ alias ___________ alias _____________ abovenamed. (2) That on _____________, I was present together with ________ (the other attesting witness) at the house of ___________ (the deceased) and we did then and there see the deceased set and subscribe his name at the foot of the testamentary paper in the English language and character, which is referred to in the petition herein and marked Exhibit “B” , and declare and publish the same as his last will and testament. (3) That thereupon I, this deponent and the said ________ (the other attesting witness), did at the request of the said deceased, and in his presence and in the presence of each other all being present at the same time, set and subscribe our respective names and signatures at foot of the said testamentary paper as witnesses thereto. (4) That the name ________ and signature ________ subscribed at the foot of the testamentary paper, as of the party executing the same, is in the proper handwriting of the said deceased and the name, signature and additions, viz. (1) “ Sd/- _______________ _______ ___ _______ (2) “ Sd/- _________ ___________ _________” also subscribed and written at foot of the said testamentary paper as of the parties attesting execution of the same are in the proper respective handwritings of the said __________ and of me this deponent respectively. (5) That at the time the deceased so subscribed his name, signature his right hand thumb impression and the photograph to the WILL as aforesaid dated this _____________, he was of sound and disposing mind, memory and understanding and to the best of my belief made and published the same as of his free will and pleasure. Solemnly Affirmed at Mumbai, ) This …… Day of June 2013 ) _____________ Deponent Advocates for Petitioner VERIFICATION I, ____________ the attesting witness of the said Will, solemnly declare that what is stated in the foregoing paragraphs is true to my own knowledge, and I believe the same to be true. Solemely Affirmed at Mumbai, ) This …… Day of June 2011 ) ___________ Deponent BEFORE ME Advocates for Petitioner IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner I, _____________, aged about _______ years, residing at ________ _________ _____________, do hereby state on solemn affirmation as under – (1) That I knew that the above named _________ alias ___________ alias _____________ of ________, the deceased, who died in at _________ on __________. (3) That I am also aware that the abovenamed Petitioner has filed a Petition for Probate before the Hon’ble Courtat Bombay in his capacity as an Executor named therein. (4) That I am the _________ (relationship with the deceased) of the deceased. I say that I have not intermeddled with the estate, property and credit of the deceased and I will not intermeddle thereon in future. (5) I say that I do hereby waive Service of Citation / Notice upon me, if any. (6) I say that that I have No-Objection and hereby give my full and free consent to the Probate being granted to the Petitioner abovenamed without service of Citation upon me and without any surety. Whatever I have stated herein above is true and correct to the best of my knowledge. Solemnly affirmed at Mumbai, ) This …… Day of June 2011 ) _________________ Advocates for Petitioner Before me, IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner I, __________, aged about _____ years, residing at ________ __________ ____________, do hereby state on solemn affirmation as under – (1) That I knew that the above named ________ alias _____ alias _______ of _______, the deceased, who died in at ______ on ________. (3) That I am also aware that the abovenamed Petitioner has filed a Petition for Probate before the Hon’ble Courtat Bombay in his capacity as a Executor named therein. (4) That I am the _________ (relationship with the deceased). I say that I have not intermeddled with the estate, property and credit of the deceased and I will not intermeddle thereon in future. (5) I say that I do hereby waive Service of Citation / Notice upon me, if any. (6) I say that that I have No-Objection and hereby give my full and free consent to the Probate being granted to the Petitioner abovenamed without service of Citation upon me and without any surety. Whatever I have stated herein above is true and correct to the best of my knowledge. Solemnly affirmed at Mumbai, ) This …… Day of June 2011 ) ___________ Advocates for Petitioner Before me, IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 ________________ … Deceased ______________________ … Petitioner MEMORANDUM OF REGISTERED ADDRESS OF THE PETITIONER _______________ Advocates for Petitioner _____________ ______________ _______________ Advocates for the Petitioner IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 Petition for probate of the Will of ____________ alias __________ alias ________ of _______, Hindu, Indian Inhabitant, Occupation: ________, residing at the time of his death at ________ __________ _________ ______ , India . …The Deceased _________________, of Mumbai, Hindu, Indian Inhabitant aged about ____ years, Occupation: _____________, Presently residing at ________, __________________________, __________________________, ______________, being the sole Executor of the Will … Petitioner VAKALATNAMA To, The Prothonotary & Senior Master High Court Bombay Sir, I, ____________, the Petitioner abovenamed do hereby appoint ___________, Advocates, to act, appear, plead for me and on my behalf in the above matter. In witness whereof, I have set and subscribed my hands to this writing at Mumbai. Dated this Day of June , 2013 Petitioner Accepted Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* PROBATE PETITION ************************************* Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* SCHEDULE II ************************************* Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* SCHEDULE I ************************************* Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* EXECUTOR’S OATH TO ADMINISTER PROPERTY ************************************* Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* AFFIDAVIT OF ATTESTING WITNESS ************************************* Advocates for Petitioner _____________ ______________ _______________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO. OF 2013 _____________ … Deceased _______________________ … Petitioner ************************************* CONSENT AFFIDAVITS ************************************* Advocates for Petitioner _____________ ______________ _______________ Illustration appended in Indian Evidence Act, Section 9 (a); 8 (d) - 9 (a) The question is, whether a given document is the Will of A. The state of A's property and of his family at the date of the alleged Will may be relevant facts. 8(d) The question is, whether a certain document is the Will of A. The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant. LIABILITIES WHICH MAY BE ATTACHED TO PROPERTIES SO BEQUEATHED Sections 167 to 170 LEGACIES TO CREDITORS AND PORTIONER Section 177 – Legacies to Creditors and Potioners DISPOSITION OF PROPERTY NOT BELONGING TO THE TESTATOR Section 180 to 190 BEQUESTS TO AN EXECUTOR Section 141 INTERPRETATION OF WILL Section 75 – questions as to object or subject of the WILL Section 76 – Misnomer or misdescription of object Section 77 – supplying of words Section 78 – Rejection of erroneous particulars Section 79 – when part may not be rejected as erroneous Section 80 – Entrinsic evidence to prove patent ambiguity Section 81 – Extrinsic evidence inadmissible to prove patent ambiguity or deficiency – where two (inconsistent) conclusion of equal force can be drawn, evidence cannot be given – for example see illustration – “aunt” “mary” Section 82 – meaning of Clause to be gathered by reading entire WILL Section 83 – interpretation of Words in a WILL – when construed wide when restrictive Section 84 – where two possible construction – which clause to be preferred Section 85 – No part of the WILL to be rejected on the ground that it is incapable of precise meaning Section 86 – Interpretation of Words repeated in different parts of the WILL Section 87 – Testators intention to be effectuated as far as possible Section 88 – where there are two clauses which are patently inconsistent, the last one is to be preferred and first one is to be ignored; Section 89 – A WILL or a particular bequest of property may be rendered nullity if it is not capable of expressing ant definite intention of the testator or if it is uncertain in its application to the object or subject with which it is dealing Section 90 – Words describing property in a WILL, shall be deemed as describing that property, unless a different intention appears in the WILL Section 91 – Deeming bequest of estate of the Property, to which the testator has power to appoint by WILL; deeming bequest of property in general terms / manner Sections – 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 107, 108, 111, 112, 113, 114, 115, 116, 143, 144, 145 SPECIFIC LEGACIES Sections 142, 148, 149 WHEN LEGACY LAPSES AND WHEN NOT Sections 105, 106, 109***, 110, 129, 130, 131, 132, 136, 179 BEQUESTS WHICH DOES NOT TAKES PLACE Section 152 – Ademption of legacies Section 153 – Exception to Ademption of Legacies Sections 154 to 166 THE TIME OF VESTING OF INTEREST IN THE LEGATEE Section 104 – if given in general terms, without specifying the time – immediate vesting of legacy Section 119 – vesting of interest postponed to happening of a certain event Section 120 – vesting of interest is postponed on the happening or non happening of an uncertain event Sections 121, 124, 128, 137, 147 When the properties are specifically bequeathed to a legatee, the same could be attached and be sold in execution – P.P. Satyabhama versus M A John – AIR 1972 Ker 152 Section 119 – Lyla Darius Jehangir versus Bakhtawar Lentin of Mumbai – AIR 2007 (NOC) 1098 (DB); (1996) 5 SCC 201; P. Somasundaram versus K Rajammal – AIR 1976 Mad 295 The obtaining of LoA does not in anyway affect the interest which is vested by inheritance – An Assessee inherting assets as sole heir and administering the estate becomes liable to be Assessee for the purpose of Wealth Tax on Assets intended – Commr of Wealth Tax versus Keshub Mahindra – (1983) 139 ITR 22 COMPLIANCE TO DIRECTIONS, IF ANY, MADE IN THE WILL, BY THE LEGATEE Sections – 138, 139, 140 PART VII PROTECTION OF THE PROPERTY OF THE DECEASED Section 192 to 210 Section 213 – Establishment of right as a legatee or Executor when established Constitutionality of Section 213 – (2001) 4 SCC 325 : AIR 2001 SC 1151; (2003) 6 SCC 611 : AIR 2003 SC 2902; Madhukar Rajanna versus – (2007) 5 All MR 339 Section 214 – Court to pass decree against the debtor of the deceased testator only when the legatee / Executor produces before the Court, the Probate / LOA / Succession Certificate / Certificate granted u/s 31 and 32 of the Administrators General Act, 1913 / Certificate granted under Succession Certificate Act, 1889 / Certificate granted under Bombay Regulation Act of 1827. PART IX PROBATE / LETTERS OF ADMINISTRATION / ADMINISTRATION OF THE ESTATE OF THE DECEASED The whole of Part IX deals with the procedure for the grant of Probate and LoA, comprising sections 217 to 369. Application of this part – subject to “saving clause”, to all grants of (a) Probate; (b) Letters of Administration with WILL annexed; (c) Administration of the estate of the deceased died intestate. Section 218 – To whom administration may be granted (in case of Hindus etc.) – if died intestate – to any person who would be entitled to the estate of the deceased, either wholly or to any part of the estate; or if no such person applies, the administration may be granted to the Creditor. The Court may appoint more than one Executor. Section 219 – Those persons not covered u/s 218. Section 223 – To whom Probate cannot be granted. Section 228 – Proving of a WILL, which is however proved and deposited in foreign Court, or in a Court situated beyond the Court, before whom presented for proving. Section 232 – Universal or residual legatee may be granted Letters of Administration Section 233 – The Legal representatives of Residual legatee may apply for Letters of Adm., where such Residual legatee has died. Section 234 – To whom LOA may be granted – (a) any person who would be entitled to the Administration of the Estate of the deceased, presuming that the testator had died intestate; (b) any other legatee (c) Creditor; Section 235 – Citation – to whom to be issued before grant of LOA with the WILL annexed. GRANT OF PROBATE ON COPY OF THE WILL OR ON DRAFT OF LOST WILL Section 237 to 240 Section 332 – Assent necessary to complete legatee’s title – If an executor renounces probate, his assent to his own legacy would be ineffectual – Commr of Income Tax versus Estate of (deceased) T P Ramaswami – (1962) Mad 380 It is also essential for an executor to prove the Will or otherwise manifest his intention to act before he can claim the legacy – Prosono Coomar Ghose versus Adm. General of Bengal – (1888) ILR 15 Cal 83 When there is no Executor appointed, the heir at law represents the estate and he can give the consent which would be sufficient – Deshpande versus Srinivasan – (1954) Mad 1003 The legatee has an inchoate right to the legacy before such an assent and he can assign or transfer the legacy to anyone he likes – (illus. Section 336) Hasanali Moledina versus Popatlal Prabhudas – (1912) 14 Bom LR 782 The Executor has power to give assent to a legacy even before he obtained the probate of the Will – Indu Prava Debi versus Durgacharan Mitra – AIR 1940 Pat 40; (Kadiyala) Venkata Subamma versus (Katreddi) Ramayya – AIR 1932 PC 92
- Format For Registration Of A Society
Format For Registration Of A Society Download Word Document In English. (Rs.75/-) Download PDF Document In Marathi. (Rs.75/-) MEMORANDUM OF SOCIETY1. NAME OF SOCIETY: The name of the society shall be ( Giver the name of the society) 2. REGD. OFFICE: 3. AIMS AND OBJECTS: The aims and Objects of the Society, for which the same is established, are as under: i. To provide sound education to the children of all communities irrespective of their race, religions, cast or creed in general and to prepare them to become mature and responsible citizens of the country through the all round physical intellectual, academic, mental and spiritual development based on values derived from the life. ii. To start establish, run take over, or manage and maintain schools, with an object secondary senior secondary, and higher education to children by seeking recognition and affiliation from the education departments and concerned Government authorities. iii. To open, found, establish, promote, set up, run, maintain, assist, finance, support and/or aid and help in the setting up the different kinds of schools, colleges, lecture halls and other establishments or institutions for advancement of education and of knowledge in arts, science, literature, humanities and all the useful subjects in all their manifestations. iv. To arrange and manage the training institutions in Typing, Shorthand, Computer information technology, Fine Arts, Craft, Music, Painting, Modeling, Yoga, Physical Education and in their professional training subjects. v. To promote literacy, cultural and other social activities of Awareness Programs, Adult Education Classes, Lectures, Essay Competitions Exhibitions, Symposium, Cultural programs, Press Conference and Seminars. vi. To provide food, clothing, medical aid stationery, transportations, libraries, laboratories, reading room, hostels play ground swimming pool and other required facilities to the students and also to the members of the society. vii. To establish and manage various kinds of Educational, Vocational, Industrial, Agricultural, Research and framing Institutions to introduce and develop the professional courses and also to arrange/provide all kinds of educational facilities to the students, scholars, trainees and to other needy candidates. viii. To establish, and to the develop such out of school activity centers for the children of the under privilege class/section of society where they could have the benefits and joy of participating in sports, games artistic activities, like clay and wood work, music, dance, painting and also organize educational trips. ix. To institute scholarships and help to deserving students and to institute and award prizes, in recognition of excellence in academic performance of students. x. To meet traveling, boarding and lodging expenses for the students going abroad for higher education and also help them in all possible ways. xi. To promote fine art, crafts among the public including establishment and maintenance of Shilpa Shikshalayas, Kala Kendras (relating to music, dance & modeling) etc. xii. To follow the ideology of great men and National Leaders who scarified their lives for the causes of depressed, deprived, SC & STs, and other community/backward classes, minority groups and for other needy people. xiii. To provide free concessional education to the poor, helpless and needy children/students. xiv. To engage, employ or hire appropriate staff, workers, legal or other professionals, attorneys, managers and Agents for the Work and furtherance of the aims and objects of the society and to pay their wages, salaries stipends or fees. xv. To receive financial assistance (in the shape of loan or otherwise) from Government, Non-Government organizations, banks or any other legal entity or individual on reasonable terms and conditions. xvi. To borrow or receive money (with interest or without interest) and upon such terms and condition as are approved by the Government body of the society. xvii. To accept donations, grants, presents and other offerings (in the shape of movable or immovable properties) and the same shall be utilized by the promotion of aims and objects of the Society. xviii. To raise funds and resource for the attainment of any of the aims and objects of the society by all lawful means including investment of the funds, donation, fundraising campaigns, cultural programs, sale of literature, property development, rent from the building etc. xix. To conduct research in education and other discipline with different subjects relating to education. xx. To arrange and organize social, cultural, educational and child welfare programs/activities from time to time. xxi. To publish books, charts, illustrations, journals, magazine, periodicals, newspapers and other publications on different subjects and in different languages. xxii. To conduct coaching classes for preparation of the various competitive examinations. xxiii. To make correspondences in lawful manner to solve the problems of the society like recognition of the schools/ institutions engaged by the above society. xxiv. To erect, construct, after maintain, sell/lease, mortgage, transfer improve, manage and/or develop all or any part of the property/ building of the society for attainment of Aims and objects of the Society. xxv. To purchase/acquired land for different establishments and to construct building/Mandir thereon for the cause of society. xxvi. To purchase construct the building, hostels, houses or structures and/or modify, renovate the building or alter such existing buildings as may be necessary for the purpose of the society and to maintain such building in good condition. xxvii. To purchase or hire permanently or temporarily and vehicle or vehicles for transportations of the students and those buildings in good conditions. xxviii. To do or perform any other act which may be incidental or completive to the attainment of any of the object of the above society. xxix. To arrange and organize Durga Pooja, Religions Functions, Bhajan Kirtan etc. from time to time. xxx. To approach concerned authorities regarding the solution of problems of the society or the problems of the Bengali Community General Public. xxxi. To provide social-economic help/assistance to poor and needy people. xxxii. To provide free medical aid and start Charitable Hospital//Dispensary for the General Welfare of General public. xxxiii. To arrange activities for the safety of wild animals, and to make improvement in the safety of the wild animals and to show mercy towards them. xxxiv. To provide electricity and water facilities in locality. xxxv. To make arrangements for the roads in the rural area of the locality and to approach the concerned authorities to regularize the colonies and to make the ___________ in the locality. xxxxvi. To arouse the general public towards the aids and to inform the general people about the dangerous decreases of the aids and to make arrangement for safety of the same. Note: This only a suggested Format For Registration Of A Society containing the main objectives, other objectives can also be inserted. All the income, earning, movable & immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects as set for in the memorandum of association. No profit on there of shall be paid or transferred directly by way of dividends, bonus, profits or in any manner whatsoever to the present or future members of the society or any person, ____________ through any one or more of the present of the future members. No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profit whatsoever by virtue of this membership. ANCILLARY OBJECTS: 1. To receive and collect any gift subscriptions and donation either in cash or in any kind of acquired by any other lawful ways and means and spend the same in fulfillment of all or in any of the aims and objects of the Society. The income and property(s) of the Society shall be applied solely for the promotion and fulfillment of the aims and objects of the Society provided if any donor intends that the contributions donations or subscriptions shall be applied to attain any particular objects of the society such contributions donations and subscriptions shall be spent towards the promotions of that particular objects only. 2. To acquire by purchase take on lease hire or by gift and hold any movable or immovable properties of any rights or privileges that may be deemed necessary or useful for the advancement of the objects of the society. 3. The income earnings, movable and immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects only as set forth in the Memorandum of Association and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profit or in any manner whatsoever to the present or past members of the society or to any person claiming through anyone of more of the present or past members. No member of the society shall have any personal claim on any movable or immovable properties of the society or make any profits whatsoever by virtue of his membership. Note: Besides the aforesaid ancillary objects, other objects can also be inserted in the Format For Registration Of A Society as per the requirements. 4. GOVERNING BODY FOR THE SUGGESTED FORMAT FOR REGISTRATION OF A SOCIETY: The names, addresses, occupations, and Designations of the present members of the Governing Body to whom the Management of the Society is entrusted to required to under Section 2 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi are as follows: Sr.No . NAME & ADDRESSES OCCUPATION Designation 1.President 2.Vice President 3.General Secretary 4.Treasurer 5.Executive Member 6. Executive Member 7. Executive Member 5. DESIROUS PERSONS: We the undersigned are desirous of forming a Society named _______________________ Registration Act, 1860, as applicable to the National Capital Territory of Delhi, in pursuance of this Memorandum of Association. ATTENTION: This part can also be downloaded from the Format For Registration Of A Society and amended suitably. Sr.No . NAME & ADDRESSES OCCUPATION Signature1. 2. 3. 4. 5. Executive Member 6. Executive Member 7. Executive Member RULES AND REGULATIONS OF “___________________________ 1. MEMBERSHIP: The membership of the society is open to any person or persons who has attained the age of majority and fulfills the terms and conditions of the society without discrimination of the religion, caste, color or creed but subject to the approval of the Governing Body. If the membership is refused to a certain person or persons the reason of refusal shall be commentated to the concerned person. (This is only as a part of the Format For Registration Of A Society, the same can be downloaded and amended suitably) 2. SUBSCRIPTIONS: (i) The admission fees will be Rs.1100/- at the time of admission. (ii) The life member shall pay the amount of Rs.5,100/- in lump-sum to the society and will be entitled to cast the vote. (iii) The Members will pay Rs.100/- per year but will not be entitled to cast the vote. (iv) Any office bearer or member of the society will have to pay the life Membership of Rs.5100/-. (v) The ordinary member shall have to pay Rs.50/- per year as a subscription but will not be entitled to cast the vote. NOTE: Only the life Member, as well as the governing body members, shall be eligible to cast the vote and to elect/or appoint the New Governing Body, etc. 3. TERMINATION OF MEMBERSHIP: The Governing Body shall have the powers to expel a member from the Society on the following terms and conditions: a) By no-confidence motion passed by 1/3rd majority of votes in the General Body meeting. b) Non-payment of subscriptions continuously for three months from the due date. c) On his/her written resignation. d) He/she has not attended the three consecutive meetings of the General Body without any intimation. The reason for the termination of the membership shall be communicated to the member concerned. e) On ceasing to be an owner. 4. APPEALS: All the appeals should be referred to the General Body of the Society. The decision of the General Body shall be final. The reason for rejection shall be communicated to the member concerned. 5. RE-ADMISSION: In case a member is expelled by the General Body the same can be re-admitted provided the member concerned pays all up to date dues, the decision of the General Body shall be final this clause is applicable to the only clause 3(b). 6. GOVERNING BODY: The Governing Body shall consist of all members and office bearers as under: ( This is only a Format For Registration Of A Society as per our draft, however, the same can be modified suitably) i. President: One ii. Vice President: One iii. General Secretary: One iv. Treasurer: One v. Members: from 3 to 16 7. BANK ACCOUNT: The bank account of the Society shall be operated by the Treasurer and anyone out of the General Secretary and the President. ( There can be other changes from the Format For Registration Of A Society as given by us on this page) 8. GENERAL BODY: All the members of the Society will consist of the General Body. 9. FUNCTIONS OF THE GENERAL BODY: a) To consider any business brought forward by the Governing Body. b) There shall be an annual meeting of the General Body in the month of March every year. c) Not less than 15 days prior notice shall be given to the members before the date of general body meetings enclosing the agenda specifying the time, date, place and the quorum shall be 1/3rd. d) Not less than 24 hours prior notice shall be given to the members in case of emergent meeting. 10. SOURCES OF INCOME: i) Admission fee. ii) Subscriptions iii) Donations and special contributions. The income of the Society received from all sources will be utilized only for the promotion of the aims and objects. ( The MOA can contain other sources as well) 11. GOVERNING BODY: The strength of the Governing Body shall not be less than 7, and not more than 21. The meetings of the Governing Body shall be held as and when necessary for which 15 days clear notice shall be required and the quorum shall be 1/3rd. 12. ELECTION AND QUORUM: The General Body in its annual meeting will elect its office bearers and members after two years by show of hands or by secret ballot papers. However, the same may be nominated, unanimously with one-third majority in the interest of the Society. The quorum of the General Body and the Governing Body shall be 1/3rd. The election details of the Society will be submitted, in the office of the Registrar of Societies, Delhi immediately after the election held by the Society. 13. FUNCTIONS OF THE GOVERNING BODY: a) To arrange finance if required from other Bank(s). Institutions or Individuals on reasonable terms and conditions and the Governing Body as a whole shall be liable for its return. b) The Governing Body shall make a plan for the future programs of the Society. c) To publish literature and to propagate the system to approach the public pertaining to the upliftment of the status of the Society. d) To appoint, terminate and fix the duties of any staff. e) The Governing body shall meet at least once in three months. f) To accept, donations, charities, loans, grants properties, etc. from public other associations, Agencies, Govt. Department in the interest and for the promotion of aims and objectives of the Society. 14. MANAGEMENT OF FUNDS: All the income of the Society shall be deposited in the Nationalized or any other scheduled bank. 14. a) REGISTER OF MEMBERS: The Society shall maintain at its Registered office, a Register of its members and shall enter therein the following particulars: a) The names and addresses of the Society’s members. b) The date on which the member was admitted. c) The date on which a member ceased on such membership. 14.b) RIGHTS AND PRIVILEGES OF THE MEMBERS: All and every member of the Society: a) Shall have one vote at every meeting. b) Shall be entitled to participate in the meeting and the gathering of the Society. c) Shall have the right to inspect the books of accounts, minutes of proceedings of the General Body meeting working day during business hours and giving reasonable notice. d) Shall be bound by the Rules and Regulations and/or bye-laws which may be framed from time to time. e) To administer the oath of the office and loyalty of the Society and/or to its constitution, to the President. 14.c) FILLING UP CASUAL VACANCIES: The casual vacancies may be filled up by the resolution passed by both the Governing Body and the General Body. Till the further election will be held by the Society. 15. POWERS AND DUTIES OF THE OFFICE BEARERS: PRESIDENT: a) He shall supervise all works and activities done by other office bearers of the Society. b) He will be the head of the Society and preside over the meetings of the General Body and the Governing Body. He will have the right of the casting of votes in case of a tie. VICE PRESIDENT: In the absence of the President, the Vice President shall enjoy all powers and duties which are entrusted to the President. He will also help and assist the President in his work. GENERAL SECRETARY: a) To convene all the meeting of the Association; b) To attend to all the correspondence; c) To maintain a complete and proper record of the Association and regulations framed thereunder; d) To attend a register of members and minutes book; e) To submit the required returns and notices to the Registrar of Societies, as prescribed by law; f) To submit a report on the working of the Association as and when required; g) To transact such other business as may be deemed necessary and entrusted to him by the Governing body. TREASURER: He shall keep accounts of all receipts and expenditure of the society and to furnish the necessary information to the Governing Body from time to time. He is sanctioned to keep with him/her Rs.5,000/- and the balance amount will be deposited in the Nationalized Bank. 16. AUDIT: The account of the Society shall be audited at least once in a year by a qualified auditor appointed by the Governing Body. 17. FINANCIAL YEAR: The financial year of the Society shall start from 1st day of April to 31st day of March every year. 18. TENURE: The Tenure of the Governing Body shall be two years. 19. AMENDMENT: Any amendment in the Memorandum of Association and Rules and Regulations of Society will be carried out in accordance with section 12 and 12-A of Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi. 20. ALTERATIONS, EXTENTION OR ABRIDGEMENT: The Governing Body, when deems it advisable to alter, extend or abridge or to amalgamates such society, may submit the proposition to the members in a written or printed report and may convene a special meeting, for which 10 days notice is necessary. The proposition shall have effect only if it is agreed to by the votes of three-fifths of the members delivered in person or by proxy and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the Governing body at an interval of one month after the former meeting 21. LEGAL PROCEEDINGS (SECTION 6 OF THE ACT ): The Society may sue or be sued in the name of the President as per provisions laid down under Section 6 of the Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi. 22. BY-LAWS & REGULATIONS: These shall be framed by the Governing committee from time to time in view of new developments and the same shall be got approved by the General Body. 23. ENFORCEMENT OF JUDGEMENT AGAINST THE ASSOCIATION: Any judgment of the court shall be recovered against the property of the Association only and not against the property movable or immovable of a person or officer named on behalf of the Association. 24. ANNUAL LIST OF THE GOVERNING BODY: Once in every year, a list of the office bearers and members of the Governing body shall be filed with the Registrar of Societies, Delhi as required under Section 4 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi. 25. DISSOLUTION: If the Society needs to be dissolved it shall be dissolved as per provisions laid down under Section 13 and 14 of Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi. APPLICATION OF THE ACT: All the provisions under all the sections of Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi shall apply to this Society. ESSENTIAL CERTIFICATE: Certified that this is the correct copy of the Rules and Regulations of the Society. PRESIDENT GENERAL SECRETARY TREASURER ***COVERING LETTERS ALONG WITH THE FORMAT FOR REGISTRATION OF A SOCIETY. ToThe Registrar of SocietySUB.: REGARDING THE REGISTRATION OF THE SOCIETY NAMED: ————————.Respected Sir,I the applicant, am submitting herewith the necessary documents in respect of Registration of the above-named society such as: 1. MEMORANDUM OF SOCIETY/ASSOCIATION. 2. RULES AND REGULATIONS. 3. AFFIDAVITS. 4. DOCUMENTS IN SUPPORT. It is, therefore, requested that the above-named association/society may please be registered under Societies Registration Act 1860, as applicable. Thanking You Yours faithfully (PRESIDENT) (GENERAL SECRETARY) Note: This letter can be used Format For Registration Of A Society as per the requirements. ***ToThe Registrar of Societies,Subject: Regarding the Registration of Society named ———————. Respected Sir, The necessary documents for registration of above-named society are submitted herewith. You are requested to register the above-named society under Section 2 of the Societies Registration Act, 1860 and issue the Registration Certificates as early as possible and oblige. Thanking you, Yours Sincerely, Dated: President
- Civil Court Forms
Civil Court Forms Download Word Document In English. (Rs.70/-) Download PDF Document In Marathi. (Rs.70/-) Introduction Format of a Suit for Specific Performance of a contract Format of a Plaint claiming compensation for Defamantion Format of a Plaint by a Minor or a person of Unsound Mind in a Civil Suit Format of a Written Statement (WS) Format of an application to set aside a decree passed ex parte Format of an appeal against a decree Format of Civil Appeal Introduction Civil Courts are part of the District Courts of India.The State Governments in India have dedicated District Courts of for every District or for one or more Districts together taking into account the number of cases, population distribution in the District. These Courts administer justice in India at a District level. These courts are under administrative control of the High Court of the State to which the District concerned belongs. The decisions of District court is subject to the appellate jurisdiction of the High court. The highest court in each District is that of the District and Sessions Judge. This is the principal court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The District court is presided over by one District Judge appointed by the State Government. In addition to the District Judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the Court presided have equivalent jurisdiction as the District Judge and his District court. However, the District Judge has supervisory control over Additional and Assistant District Judges, including decisions on allocation of work among them. The District and Sessions Judge is often referred to as "District Judge" when he presides over civil matters and "Sessions Judge" when he presides over criminal matters. Being the highest Judge at District level, the District Judge also enjoys the power to manage the state funds allocated for the development of judiciary in the District. The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. Subordinate courts, on the civil side (in ascending order) are, Civil Judge Junior Division, Civil Judge Senior Division, Addl. Senior Civil Judge, Senior Civil Judge Court, Addl. District Judge and District Judge. Section 9 of the Civil Procedure Code confers jurisdiction on the civil courts, it provides that the civil courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is expressly or impliedly barred. Before filing a suit one should know where or before which Court the suit has to be filed. It is called place of suing. Place of suing is subjected to two limitations: Territorial jurisdiction of the Court; and Pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter, suits are divided into 3 categories. They are- Suits relating to immovable property. Suits relating to compensation for wrongs to person and movables. Other suits. In case of Suits relating to immovable property:- As a general rule suits relating to immovable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situate, In other words, where the property in dispute is situated. Link to Civil Procedure Code- Code of Civil Procedure,1908 CPC – Order I to Order XXX CPC – Order XXXI to Schedule V Format of a Suit for Specific Performance of a contract Important points to remember- As per Order VI (Pleading) and Order VII (Plaint) CPC, every plaint must contain the following things: 1. Name of the court2. Name and details of the Parties 3. If the plaintiff or the defendant is a minor/insane, a declaration to that effect4. Facts of the case –5. Facts constituting cause of action and when it arose6. A statement about the value of the subject matter for the purpose of jurisdiction and court fees.7. Facts showing that the court has jurisdiction (territorial as well as pecuniary)8. Relief prayed9. Description of the set-off (if claimed)10. Verification The heading or court is determined according to Section 15 to 20 of CPC. In Delhi, cases up to 3,00,000/- are handled by Civil Judge Class I, and cases upto 20,00,000 are handled by District Judge. Cases beyond 20 lac are handed by High Court of Delhi on the Original Side. Although there is no special rule for this but general convention seems to be that, in the title of a suit, the word "Respondent" is used in Original civil suit while the word"Defendant" is used in applications made to – appellate court or supreme court. In the Court of Civil Judge Class – I at Delhi Suit No. ………… / 20…….A. B. s/o B. C.123, A B Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, A B Road,Delhi ………………………………….. Respondent Suit for Specific Performance of Contract to sell a residential plot The plaintiff respectfully states as follows : – Inducement:(1) Plaintiff is a Govt. Servant working in Delhi. and so on(2) Respondent is a property broker having an office at … Material Facts of the case:(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No 123 at Rani Bagh Colony,Delhi. A copy of the contract is attached with the petition.(4) The boundaries of the plot is as under: East: Road West: Plot number 124 North: Road South: Colony wall(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon in the contract, is Rs. 40,000/-.(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI,CP Branch at the time of making the contract and promised to do registry upon payment of remaining amount of 30,000/-(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well as check but the respondent refused to take the payment.(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent is not willing to transfer the said plot. Cause of Action and Limitation(8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to convey the said property as per the terms of the agreement and hence, the suit filed today is within time. Valuation:9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-. Jurisdiction:(10) The plot is located in Indore, which is within this court's territorial jurisdiction. (11) The value of the contract is 40,000/- which is within this court's pecuniary jurisdiction. Relief Claimed: (12) The plaintiff, there fore prays that the court be pleased to order the respondent to perform his part of the contract by accepting the remaining payment and conveying the said plot to the plaintiff.the plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation. Place: …………………. (Signature of the plaintiff)Date: ………………….. YYY Advocate Verification I, ______, do hereby solomnly verify that the contents from paras 1 to 4 are correct and true to the best of my knowledge and contents from para 5 to 12 are based on legal advice, which I believe to be correct. Affirmed at Delhi this 4th Day of September 2015. (Signature) Plaintiff ————————————————————————————————— Format of a Plaint claiming compensation for Defamantion Important points to remember- Format of all Civil suits are pretty much the same. They are governed by Order VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.Suit for compensation for things like Defamation, Malicious Prosecution can be filed in the court as determined by Section 19 and 20 of CPC. In the Court of Civil Judge Class – I at Indore Suit No. ………… / 20…….A. B. s/o B. C.123, M G Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, M G Road, Delhi ………………………………….. Respondent Plaint under Order 7 Rule 1 for Compensation for DefamationThe plaintiff respectfully states as follows : – Brief Description of the case:(1) The respondent publicly accused the plaintiff of selling watered down milk, which has caused immense harm to the reputation of the plaintiff. The present suit is meant for compensation for the harm done to the plaintiff's reputation. Matters of Inducement:(2) Plaintiff is a milk man and sells milk in many colonies of Indore including MG Road, AB Nagar.(3) Respondent is the president of an informal residents association of MG Road. Facts constituting cause of action:(4) In a residents association meeting held on 10/10/2015, the respondent publicly accused the plaintiff of selling milk mixed with water. A tape record of the respondent making the accusation is attached with this petition.(5) The said speech made by the respondent was heard by hundrends of residents of MG Road, where the plaintiff sells goods.(6) The said speech has caused the plaintiff a lot of embarrament and loss of business.(7) The plaintiff denies that he sells watered milk and claims that the statement made by the respondent was completely baseless.…Jurisdiction:(10) The meeting where the defamatory statement was made by the respondent happened in Indore, which is under this court's jurisdiction.(11) The plaintiff claims, on account of the loss of business as well as mental agony, an amount of 40,000/- which is under this court's jurisdiction. Relief Claimed: (12) The plaintiff prays that the court be pleased to order the respondent to pay sum of Rs 4,00,000 on account of the loss of business because of his baseless and false speech. The plaintiff further prays that the respondent be ordered to pay compensation for mental harassment and cost of this litigation. Place: …………………. (Signature of the plaintiff)Date: ………………….. Advocate for Plaintiff Verification I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Delhi this 4th Day of September 2015. (Signature) Plaintiff ———————————————————————————————————— Format of a Plaint by a Minor or a person of Unsound Mind in a Civil Suit Important points to remember- Suit for and against a minor or a person of unsound mind are drafted as per Order XXXII of CPC: Rule 1: Every suit by minor is instituted in his name by a person called "next friend".Rule 3: Where a defendant is a minor, the court shall appoint a proper person to be "guardian" for the suit for the minor. An order to appoint a guardian can be obtained upon application by the plaintiff or by the minor in his name or by the minor on his behalf. Only difference between a regular suit and a suit by/against a minor is that the name of the next friend or guardian is specified along with the name of the parties. In the Court of Civil Judge Class – I at Delhi Suit No. ………… / 20…….A. B. s/o B. C.A minor through his next friend X. Y.,123, A B Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.A minor through his guardian O. P.456, A B Road, Delhi ………………………………….. Respondent Suit for XXX The plaintiff respectfully states as follows : – (1) Plaintiff is a Govt. Servant working in Delhi. and so on……(12) Relief Claimed: The plaintiff prays that the court be pleased to order the respondent to perform his part of the contract by transferring the said plot to the plaintiff.The plaintiff further prays that the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation. Place: …………………. (Signature of the next friend on behalf of minor)Date: ………………….. YYYAdvocate for Plaintiff Verification I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014. (Signature of next friend) Plaintiff through Next Friend ————————————————————————————————- Format of a Written Statement Important points to remember- Written Statement is the response given by the defendant/respondent in a Civil Suit.Format of a Written Statement is governed by Order VI (Pleading) and Order VIII (Written Statement) CPC. Heading/Title/Signature/Verification part is all same as in a Plaint.The content/matter of the WS is written in points that correspond to the points mentioned in the Plaint. Each point in WS should accept or refute the allegations given in the same point of the plaint.A WS may also contains new points, objections to jurisdiction, pre-emptory pleas, dialatory pleas, etc.A WS must also raise any set-off or counter-claim if any. In the Court of Civil Judge at Delhi Suit No. 1234 / 2009.A. B. s/o B. C.123, M G Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, M G Road, Delhi ………………………………….. Respondent Written Statement of the Respondent under Order 8 Rule 1 (or Written Statement on behalf of all the Respondents)The respondent(s) respectfully state(s) as follows : – (1) Para no. 1 of the plaint is admitted and needs no reply.(2) Para no. 2 of the plaint is admitted and needs no reply. (Facts constituting cause of action)(3) Para no. 3 of the plaint is admitted and needs no reply.(4) Para no. 4 of the plaint is admitted and needs no reply.(5) Para no. 5 of the plaint is denied and not admitted because the contract referred to by the plaintiff in Para no. 3 clearly specifies that the balance amount must be paid by 10/10/2008, failing which the agreement shall terminate and the buyer shall forfeit the initial deposit. However, the plaintiff never made the balance payment.…(Jurisdiction/Optional)(10) The market value of the plot is more than 5,00,000/- and so this court has no jurisdiction to try this case.(11) The plot is situated in Dewas, MP and so this court has no jurisdiction to try this case. (12) The respondent therefore prays that the suit be dismissed with costs. Place: …………………. (Signature of the respondent)Date: ………………….. Advocate for Respondent Verification I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014. (Signature) Respondent ———————————————————————————————————— Format of an application to set aside a decree passed ex parte Important points to remember- An ex parte decree is a decree that is passed by the court in absence of any response from the defendant as per Order 9 Rule 6 of CPC.As per Order 9 Rule 13, the defendant may apply before the court that passed the decree to set it aside on the following grounds: If he satisfies the court that the summons was not duly served he was prevented by any other sufficient cause from attending the hearing. For example, bona fide mistake as to the date or hearing, late arrival of train, etc. are sufficient causes for absence of the defendant. Such an application for setting aside may be made within 30 days from the date of decree as per Section 123 of Limitation Act. In the Court of Civil Judge Delhi Suit No. 1234 / 2009A. B. s/o B. C.123, A B Road, Delhi ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, A B Road, Delhi ………………………………….. Respondent/ApplicantApplication under Order IX Rule 13 of CPC, 1908 The respondent/applicant respectfully states as follows : – (1) The Plaintiff filed the above suit which was decreed ex-parte against the applicant on 10/10/2014 (2) The applicant came of know of this fact on 15/10/2014, when a demand notice was served on him by the plaintiff for the decretal amount. (3) The plaintiff obtained the decree by suppression of material facts. (4) The summons in the said case was not served at all on the respondent/applicant. (4) The respondent/applicant could not enter appearance in the said case by reason on non-service of the summons. (5) Relief Claimed: The applicant accordingly prays that the decree passed ex parte on 10/10/2014 against the applicant in the aforementioned case be set aside and the aforementioned case be tried in presence of the applicant. Place: …………………. (Signature of the applicant)Date: ………………….. YYY Advocate for Respondent/Applicant Verification I, M. N. s/o O. P. , do hereby verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and the rest of the contents are based on legal advice, which I believe to be true. Affirmed at Indore this 4th Day of September 2014. (Signature) Respondent/Applicant Suit No. 1234 / 2009A. B. s/o B. C.123, A B Road, Indore, MP ………………………………….. Plaintiff Vs. M. N. s/o O. P.456, A B Road, Indore, MP ………………………………….. Respondent/ApplicantApplication under Order IX Rule 13 of CPC, 1908 The respondent/applicant respectfully states as follows : – (1) The Plaintiff filed the above suit which was decreed ex-parte against the applicant on 10/10/2009. (2) The applicant came of know of this fact on 15/10/2009, when a demand notice was served on him by the plaintiff for the decretal amount. (3) The plaintiff obtained the decree by suppression of material facts. (4) The summons in the said case was not served at all on the respondent/applicant. (4) The respondent/applicant could not enter appearance in the said case by reason on non-service of the summons. (5) Relief Claimed: The applicant accordingly prays that the decree passed ex parte on 10/10/2009 against the applicant in the aforementioned case be set aside and the aforementioned case be tried in presence of the applicant. Place: …………………. (Signature of the applicant)Date: ………………….. YYY Advocate for Respondent/Applicant Verification I, M. N. s/o O. P. , do hereby verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and the rest of the contents are based on legal advice, which I believe to be true. Affirmed at Indore this 4th Day of September 2009. (Signature) Respondent/Applicant —————————————————————————————— Format of an appeal against a decree Important points to remember- Appeal can be made against a decree or an order.Appeal against a decree: Provision for first appeal is provided in Sections 96-99 of CPC. Provision for second appeal is given in Section 100-103 of CPC.Appeal against an order: Section 104.Procedure for appeal is laid down in Order 41 : Memorandum of Appeal – First appeal against decree or order passed by lower courts such as CJ-Class I or II, Court of Munsif, which are subordinate to District Court, is filed in the District Court.First appeal against a decree passed by District Court is filed in the High Court. In the Court of District Judge, Indore Civil Appeal No. … / 2009Under Section 96 of CPC, 1908.A. B. s/o B. C.123, A B Road,Delhi ………………………………….. Plaintiff/Appellant Vs. M. N. s/o O. P.456, A B Road, ,Delhi ………………………………….. Defendant/RespondentMemorandum of AppealSir, The aformentioned plaintiff-appellant appeals against the Judgement and decree of the Court of Civil Judge Class II, at Indore, passed in Original Suit No 1234 of 2009 between A. B s/o B. C vs M.N s/o O. P., dated 10/10/2014, and sets forth the following grounds of objection to the decree appealed from :- Value of the suit: Value of appeal: Court Fee Paid: (1) That the orders passed by the Learned Lower Court are contrary to the provisions of law and the principles of natural justice. (2) That the findings arrived by the Learned Lower Court are not supported by the evidence on record. (3) That the Learned Lower Court committed an error in holding that the house premises are not required by the plaintiff/appellant for his personal bonafide occupation. (4) That the copy of the Judgment and the Decree against which this appeal has been preferred is attached alongwith. (5) That the Learned Lower Court has having answered the first issue in the negative decided the rest of the issues against the appellant, which itself is improper and illegal. (6) That the necessary court fee is paid herewith. Prayer:(7) That the appellant, therefore, prays that for the reasons stated above and as may be argued at the time of hearing, the record and proceedings be called for, this appeal be allowed, the orders under appeal be set aside and quashed, and orders deemed just and proper be kindly passed. Further that the cost of this petition be awarded in favor of plaintiff-appellant. Place: …………………. (Signature of the Plaintiff-Appellant)Date: ………………….. Advocate for Plaintiff-Appellant Verification I, ______, do hereby verify that the contents from paras 1 to 5 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2014. (Signature) Plaintiff-Appellant ————————————————————————————- Format of Civil Appeal In the Court of Shri ______________________ ___________ Vs. ___________ CIVIL APPEAL Report of the Local ________ Sir, The Local ___________- submits the following report :- That I was appointed as a Local ____________ by this Hon’ble court vide order dated _________ with the directions to visit the spot and to submit the report about the existing position of the suit property alongwith rough site plan after issuing Notice to the parties.As per the directions of this Hon’ble court, I served notices upon the counsels for the parties intimating them to come present on the spot on __________ at about _________. I reached the spot on ________ at __________ and firstly I prepared the memo of appearance of the parties. Both the counsels of the parties were present at the spot. I prepared a rough site plan at the spot which is enclosed herewith this report. I visited the spot and prepared the following report: –1- That I entered into the property in dispute from _________ and I found that there is _____ portion just adjacent to the ________. The property is facing towards the _________side. On the main gate I found ________ and the wall with the main gate. The wall was ___. and the same was newly constructed. I found that there were _____ rooms and _____. There were total pillars on which the _____ is entangled. There were ____ pillars in the middle of the _____ and these rooms were old constructed rooms probably constructed about years ago. I found there was kitchen foundation and wall adjacent to the same was ______ Ft. in height. I found lying dust with the _____ wall of the said property. On the western side I found ____, which were also newly constructed. The _____ wall is the joint wall of Shri ______ and _________. In the _________ side there is _______ land in which ________ is standing. I also found the ____ _______ outside the gate and ______ inside the property and property is bounded as under:-East – _____________West – _____________North – ______________South – ______________ It is, therefore, prayed the Local ____________ report may kindly be accepted in the interest of justice.Dated Local _________.
- Format of House Declaration
Format of House Declaration . IN THE COURT OF _________, _________ DIVISION, _________ Civil Suit No. _________ of _________ _________ Son of _________ resident of _________, District _________, _________ ……PLAINTIFF VERSUS 1- _________ son/daughter/wife of _________2- _________ son/daughter/wife of _________Both residents of _________, _________, _________. ………DEFENDANTS SUIT FOR DECLARATION RESPECTFULLY SHOWETH: 1- That the plaintiff is owner in possession of House/Plot consisting of _________ which is situated in _________, _________.2- That the defendants are _________.3- That as a matter of fact the total plot measuring _________.4- That on _________.5- That now the _________.6- That the plaintiff _________.7- That the cause of action to file the present suit firstly arose on _________.8- That no such suit between the same parties on the same subject matter is pending, filed or has been decided by any court of law.9- That the parties reside and the property in suit is situated at _________.10- That the value of the suit for the purposes of court fees and jurisdiction is assessed at _________ /- upon which a fixed court fees has been paid on the plaint. PRAYER: It is, therefore, prayed that a decree for declaration to the effect that the plaintiff is owner in possession of the suit property which are fully detailed and described in Para NO.__ of the plaint may kindly be passed in favour of the plaintiff and against the defendants with costs of the suit. PLANITIFF THROUGH COUNSEL_________ ADVOCATE, _________ VERIFICATION: Verified that the contents of Paras No. to of the plaint are true and correct to the best of my knowledge and belief and Paras No. to of the plaint are true to best of my belief. Last para is the prayer Verified at _________ on __________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- NOTICE REPLY FOR 138 TO BANK
Notice Reply under Negotiable Instruments Act, 1881 regarding dishonour of cheque To, Sh.(Name & Address) ________________ Sub:- Notice under Section 138 of the Negotiable Instruments Act for Dishonour of cheque due to insufficient funds. Respected Sir, Under instructions and authority from our client M/s. ________ having their office at _________, we serve upon you the following notice of demand under Section 138 of the Negotiable Instruments Act. That your business concern M/s _______ had purchased from my client goods (Name and brief description of goods) vide their invoice bearing no. ___ dated ________ for Rs._______ On delivery of goods above mentioned, you issued a cheque bearing no. ____ dated _________ for Rs._______ drawn on ____ Bank. That when the aforesaid cheque was presented by our client M/s. ____ to your Bankers i.e. ________ the same was returned unpaid by the Bank with the remarks/reasons “Insufficient Funds”. This fact was brought to your notice by our client vide letter dated_______. That in reply to our client’s letter, you sent a letter dated ____ requesting him to deposit the cheque again with a banker and assured him that they will be cleared this time. My client again presented your above-mentioned cheque with its bankers, this time again the cheque was returned unpaid by the bank due to insufficient funds. That thereafter in spite of many telephonic reminders and personal visits by the representative of our client to your office, you failed to make the payment due to our client. That on account of the above facts, you are liable to be prosecuted under section 138 of the Negotiable Instrument Act, 1881 as amended up to date under which you are liable to be punished with imprisonment which may extend to one year or with fine which may extend to twice the amount of cheque or with both. Under the circumstances, we call upon you to make the payment of Rs. _____ being the principal amount of the aforesaid cheque along with interest @ ____ % per annum till the time of actual payment within a period of 15 (fifteen) days from the date of receipt of this notice, failing which we will be bound to take further necessary action under the provisions of Negotiable Instrument Act, 1881 against you in the competent court of law at your risk and cost. This is without prejudice to all other legal rights and remedies available to our client for the above-stated purpose. Kindly take notice. Date:____________ Yours faithfully, ____________ Notice by Vendor to complete the purchase of immovable property Advocate ________________ Date ________________ To, ________________ ________________ Re: Sale of House No. _______ situated at ____________________. Respected Sir, Under instructions of my client Shri ____________ s/o _______________ r/o ________________. It is stated as follows: My client had entered into an agreement for sale dated ___________ with you for sale of house No. ________________, situated at _____________. for a consideration of Rs. _______ and in terms of clause ___________ of the said Agreement, the said transaction is to be completed within _____ months from the date of the said agreement. My client was and is still willing and ready to execute a sale deed in your favor or in favor of any person as you may direct in accordance with the terms of the said agreement, but the same was not done for reasons of your own. I hereby call upon you to have the deed of conveyance executed by my client against payment of the balance of the consideration money on or before the ______ day of ____________ in terms of the said agreement, failing which the said agreement will stand cancelled and the earnest money paid by you will stand forfeited. However, this is without prejudice to the rights of my client to recover all costs, damages, losses, and expenses incurred by him by reason of your default in performing the said agreement. Yours faithfully, Download Word Document In English. (Rs.20/-)
- Disability Certificate Format
Disability Certificate Format To, The C. M. O/P.M.O__________ Sub: Application for issuing Disability Certificate of the ____ Sir, The applicant submits as under:- 1- That applicant ____ S/o ____ met with accident on ____ Near ____ and he sustained injuries over his body. The applicant was remained under the treatment of ____ and the MLR no. ____ dated ____ was prepared. 2- That the applicant has filed a claim petition under section ___ of the ____ in the court of ____ and the same is pending. 3- That the applicant requires the permanent disability certificate for proving his permanent disability. You are therefore, requested that the permanent disability Certificate of the applicant _______ may kindly be released to the applicant as per rules and regulations. Dated _____ Applicant Share this: Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Debt Recovery Tribunal
Debt Recovery Tribunal Download Word Document In English. (Rs.45/-) Download PDF Document In Marathi. (Rs.45/-) Debt Recovery Tribunals were created to facilitate the speedy recovery of debt payable to banks and other financial institutions by their customers. DRTs was set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. A person or entity aggrieved by orders of the DRT can appeal against its orders to Debt Recovery Appellate Tribunal (DRAT). The DRAT will not entertain the appeal until such person deposits the 75% of the amount of debt so due determined by the DRT. In this article, we look at the Debt Recovery Tribunal Act, in detail. Importance of DRT The main objective and role of DRT is the recovery of funds from borrowers which is payable to banks and financial institutions. The Tribunals power is limited to settle cases regarding the restoration of the unpaid amount from NPAs as declared by the banks under the RBI guidelines. The Tribunal has all the powers vested with the District Court. The Tribunal also has a Recovery officer who guides in executing the recovery Certificates as passed by the Presiding Officers. DRT follows the legal procedure by emphasising on speedy disposal of the cases and fast implementation of the final order. Applicability of the Act The Debt Recovery Tribunals Act applies to the following entities. It applies to all over India except for State of Jammu and Kashmir. It applies where the amount of debt due is not less than Rs. 10,00,000/-. It applies when the original application for recovery of Debts is filed only by Banks and Financial Institutions. Establishment of Tribunal and Appellate The Central Government can set up one or more Debts Recovery Tribunals to exercise the jurisdiction, powers and authority conferred under this Act. The Central Government may also specify the areas where such tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it. Composition of DRT DRT is controlled over by a Presiding Officer, who is qualified to be a District Judge and is appointed by notification by Central Government. The central Government may also authorise another presiding officer of a DRT other than discharging the function of a presiding officer of a DRT. Documents Required Every application to be furnished by a paper book containing such as A statement is showing details of the debt due from a Respondent and the circumstances under which such debt has become due. Any documents relied upon by the applicant and those mentioned in the application. Details including crossed Bank Draft or Indian Postal Order representing the application fee. Index of the documents to be produced. Note: Where the parties to the lawsuit or proceedings are to be produced by an agent with the documents authorising him to represent as such agent or Vakalatnama in case of an Advocate also be appended to the application. Application Fee Every application should be accompanied with fee provided in sub-rule (2). The fee can be payable either in the form of crossed demand draft drawn in respect of the Registrar or at the Registrars office is situated. The fee can be paid through a crossed Indian Postal Order drawn in favour of the Registrar and also payable in Central Post Office of the station where a Tribunal is situated. DRT Process There are following procedure involved in making application to Debt Recovery Tribunal are as follows: Procedure for filing of application The applicant should apply with the Registrar within whose jurisdiction the applicant is functioning as a bank or financial institution in the present. An application should be presented in the prescribed format. The application can be presented by the applicant or by his agent or by an authorised legal practitioner. The application to be presented to the registrar of the tribunal within whose jurisdiction his case falls or can be sent through registered post addressed to the Registrar. Submission of application If the application sent by post to be deemed to have been presented to the Registrar on the same day of receiving the request by the registrar. The application should be presented in two sets. An empty file size envelops bearing full address of the respondent. The applicant should furnish full bearing address of each of the respondents. Presentation and verification of application The registrar or any other concerned officer authorised by him will approve every application on the date in which it is presented or deemed to have been filed under that rule and should sign the endorsement. If on verification the application is found to be in order, it should be duly registered and give a serial number. Issuance of original application number The Registrar of DRT is responsible for the Overall Administration of the tribunal. The Registrar will issue the Original Application (OA) number and summon after verifying the application. Also serves a copy of the application and paper book on each of the respondents. The respondent may file four complete sets indicating the reply to the application along with documents within one month (or extended time allowed by the tribunal) of its receipt. Procedure Before Filing a Case in DRT The following procedures are to be followed before filing the case in debt recovery tribunal. Sell pledged goods after addressing particular notice to the lender. In the case of hypothecated goods, get possession of the assets, and sell them after addressing the due in the form of notice. In the case of LIC policies, handover such policies and designate the surrender value towards the loan account. Set off the credit balance in any current or savings, account and TDRs in the names of the Borrowers or Guarantors, before filing a suit. Proof of ownership or debt such as shares, debentures, NSC, Mutual Fund Securities should be realised and be adjusted against the outstanding. Secure the documents or securities are enforceable against borrowers/guarantors while handling files to advocates for requesting Recovery Application before the tribunal. Brief the advocate accurately by providing a detailed narrative or write-up and by examining in detail the conduct of the account, documents received up to the date, securities created and other relevant information relating to the account. Analysis of the draft application to verify the correctness of every fact and relevant details stated in the draft application After verifying the accuracy of the draft application, the branch has to forward the draft application to the concerned authority for approval along with the copy of the memorandum for legal action in the account and the copy of the narrative or write-up provided earlier to the advocate along with the list of documents. After obtaining permission from the Authority, the Branch should discuss with the advocate about the changes or observations made by the appropriate authority while according approval and finalise the Application for recovery of updated dues of the Bank. Procedure at Filing the Case in DRT The following procedures are to be followed at the time filing the case in debt recovery tribunal. The Recovery Application, in the prescribed format, should be submitted with the DRT within the specified time from the day of the appropriate authority mentioned for approval against the legal action. Recovery Application should contain the description of all relevant documents and securities charged to the Bank. While filing Recovery Application, Xerox copies of records are to be produced to the Advocates. Original Documents should be maintained with the Branch till DRT requires the same. Interim reliefs such as the injunction against properties, attachment before judgement, the appointment of Receiver, Recovery Certificate for admitted dues should be appealed as a rule. Account Extracts to be provided and certified as per the provisions of Bankers Books Evidence Act and be annexed to the Recovery Application. Penal Interest should not be compounded. Costs for preserving the securities before filing suit and during the pendency of the lawsuit claimed. Procedure After Filing the Case in DRT The following procedures are to be followed after filing the case in debt recovery tribunal. If the Recovery Application filed is satisfied in all respects, ORT will issue a serial number and summons to borrowers or guarantors called defendants. Serving of warrant for quick disposal of the case and the Branch/Advocate should get to see that summons are served within one month. If the summons is served on the defendants, proceedings commence with evidence by way of affidavits filed by the bank followed by cross-examination of Bank’s witnesses and vice versa followed by arguments ending up in Recovery Certificates in respect of the Bank. Evidence by way of affidavits as preceding, clarifications or reports excepted by the DRT should be filed in time, and no adjournment to be asked on this score. Reply to counter-claims made by the borrowers should be submitted without any delay. Defendants attempt to get an adjournment on various grounds including that their compromise proposal is pending consideration before the Bank’s Advocate should oppose the Bank. The DRT has the controls to order arrest and detention in civil prison of those defendants who do not follow the specified orders of the DRT. Wherever the defendant disobeys the laws of the DRT, the Branch should notify the Bank’s Advocate to appeal for arrest and detention of such defendant. Execution of Recovery Certificate The Presiding Officer finally grants Recovery Certificate and sends it to Recovery Officer (R.O.) for execution. On receipt of the Recovery certificate, the recovery officer can issue the notice to Certificate Debtors, giving 15 days for payment of the amount stated in the Recovery Certificate. If the defendant neglects to pay the amount, Recovery Officer will proceed to recover the amount by any one or more of the methods, which are listed below: Attachment and sale of Movable or Immovable Property of the defendant. Arrest and Detention of the defaulter. Appointment of Receiver. The closing of DRT Application after full recovery of bank dues, the application is closed by Recovery officer. Appeal Against Recovery Officer The appeal against an order of Recovery Officer to DRT can be requested within 30 days from the date of order. The Tribunals have to resolve the claim within six months. The appeal against the judgment of DRT can be made within 45 days only to DRAT(Debt Recovery Appellate Tribunal). For filling lawsuit, as per Section 21 of the tribunal the 50% of the fund to be deposited by the appellant and the Chair Person may reduce it up to 25% of the deposit amount. BEFORE THE DEBTS RECOVERY TRIBUNAL At _______________ Case No: ___________ of _________ In the matter of : __________________________ __________________________ ___________________________ . . . . . . . . . . . . . . . . . . . . . . . . . . .Applicant Vs ________________________ _________________________ _________________________ . . . . . . . . . . . . . . . . . . . . . . . . . . . Respondent (See Rule 4) Application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions 1 [Act] 1993. For use in Tribunal's Office DATE OF FILING DATE OF RECEIPT BY POST OR REGISTRATION NO Signature Registrar IN THE DEBT RECOVERY TRIBUNAL (Name of the place) BETWEEN A B Applicant. AND C D 2 [Defendant] * Delete whichever is not applicable I DETAILS OF APPLICATION 1. Particulars of the applicant: (i) Name of the applicant,, (ii) Address of Registered Office (iii) Address for Service of all notices, 2. Particulars of the 1 [defendant] .' (i) Name of the 1[defendant]. (ii) Office address of the l[defendant] (iii) Address for service of all notices. 3. Jurisdiction of the Tribunal: The applicant declares that the subject matter of the recovery of debt due falls within the jurisdiction of the Tribunal. 4. Limitation: The applicant further declares that the application is within the limitation prescribed in Section 24 of the Recovery of Debts Due to Banks and Financial Institution 2[Act], 1993. 5. Facts of the case: The facts of the case are given below:- (Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise) 6. Relief(s) sought: In view of the facts mentioned in Para 5 above, the applicant prays for the following relief(s):- [Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any) relied upon] 7. Interim order, if prayed for: Pending final decision on the application, the applicant seeks issue of the following interim order:- {Give here the nature of the interim order prayed for with reasons) 8. Matter not pending with any other court, etc.: The applicant further declares that the matter regarding which this application has been made is not pending before any court of law or any other authority or any other Bench of the Tribunal. 9. Particulars of Bank Draft/Postal Order in respect of the application fee: 1. Name of the Bank on which drawn 2. Demand Draft No. OR 1. Number of Indian Postal Order{s) 2. Name of the. issuing Post Office ~ 3. Date of issue of Postal Order(s) 4. Post Office at which payable. 10. Details of Index: An index in duplicate containing the details of the documents to be relied upon is enclosed. 11. List of enclosures. Place Date Signature of the applicant
- Application Format For Inspection Of The Case File
Application Format For Inspection Of The Case File . Application Format For Inspection Of The Case File IN THE COURT OF HON’BLE SESSIONS JUDGE, ___________ In the matter of :…………………. Complaint Case :…………………… ………………………………… son of Shri ___________________ resident of _________________ ………………………………………………….….COMPALINANT VERSUS 1- ________________________ 2- _______________________. 3- ________________________. …………………………………………………………………….ACCUSED COMPLAINT UNDER SECTION _________ IPC & SECTION ___________, ______________ APPLICATION FOR INSPECTION OF THE CASE FILE Sir/Madam, It is respectfully submitted that the above mentioned complaint was fixed before Shri _______________l Judge, on ____________ for prosecution evidence when it was adjourned sine-die till the completition of the investigation in the case bearing FIR No. _____ dated __________ under section ______ IPC and Section _________ Act registered in the Police Station _____________ in respect of the same occurrence and the file was consigned to the record room till then.It is, therefore prayed that I may kindly be allowed to inspect the case file. Dated ____________ COMPALINANT /APPLICANT ________________________ Through counsel Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Format of Lease Deed Residential Property
Format of Lease Deed Residential Property Residential Property Lease Deed Draft This lease deed residential property is made on this———————— at —————- between Mr.———————- hereinafter called FIRST PARTY. AND Mr. ———————–, hereinafter called the SECOND PARTY. That the expressions of both the parties shall mean and include the parties, their respective legal heirs, successors administrators & assignees. That whereas First Party is the complete owner and in absolute possession of residential unit bearing number———————- hereinafter called as property and out of which First Party for his bonafide needs and requirement has agreed to let out to the Second Party/Tenant. And the Second Party shall use the above mentioned demised premises for RESIDENTIAL PURPOSE ONLY. AND WHEREAS the Second Party has requested and approached the First Party for permission to give on rent of the said premises. And whereas the First Party accepted the request of the Second Party and authorized him to use the aforesaid premises on rent on a monthly rent charges of Rs———–, the charges for consumption of electricity in the demised premise shall be paid and/or borne by the party of the second part on the basis of the bills received from time to time for which purpose the party of the first part shall provide. Also all the arrears/dues in electricity bills till the date of signing of the agreement will be born by the first party and also the party of the first part will handover the electric & water meter in perfect running conditions. NOW, THIS AGREEMENT BETWEEN THE PARTIES AS UNDER:- 1. That the agreed period of the tenancy is ——————– to —————- only and the second party/tenant has agreed to pay a sum of Rs.———————— as rent charges to the first party on or before 7th Day of English Calendar month always in advance. And the rent of the said premises shall be paid through cheque/cash by the second party per month. The second party has paid an amount of Rs.—————– as advance vide cheque No.——- dated drawn————-In favour of the First Party as advance security which shall be kept as interest free security by the First Party and shall be returned back to the second party on completion of the above stated period of stay of the Second Party in the premises of the First Party. 2. That the second party/tenant will abide by all the rules and regulations of the competent authorities, government agencies enforced from time to time. 3. That the second party/tenant will keep the said portion of the rented premises in the neat and clean condition and no such work will be done which may damage or prejudicially affect any party of the said rented premises. 4. That the second party can not make an additional/alteration in the said premises without the written permission of the first party nor they can sublet/part of the premises to any person and not to share or sublet the accommodation with outside strictly. 5. That the second party/tenant shall allow the first party or his authorized agents to enter upon the premises and inspect the condition thereof at all reasonable time during the occupation. 6. That in case of the defaults for non-payment of the rent the first party shall be fully/entitled to realize the rent through the court of law, under specific performance of the contract at the cost, risk and responsibility of the second party. 7. That either party can terminate the agreement at any stage during the course of this agreement by giving notice to the other party at least 1 month in advance. 8. That this agreement is only for a period of 11 months w.e.f ——–to————– and on the completion of 11 months the possession of the property shall automatically revert back to the party of the first part, unless there has been a fresh agreement which has been put down in writing to which both parties have given their written consent. 9. That at the time of vacation of the said rented premises to the first party, shall be in safe and sound condition with all fitting/fixtures as aforesaid intact. In case of any damage or injury is found to be done to the rented premises or any fitting/fixture installed therein, the cost thereof shall be charged by the first party from the second party and if any arrears of electricity or other services charges or rent as such is found to be arrears at the time of vacation of the said rented portion, the same shall be recovered by the first party from the second party. IN WITNESSES WHEREOF both the parties have set their respective hands on this agreement, at Delhi, on the day, month and year, first written above in the presence of the following witnesses. WITNESSES: FIRST PARTYSECOND PARTY Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- RTI Application format India
RTI Application format India – Important tips to follow The RTI application duly filled can be handed over to the concerned authority by hand or by post, in case of post, a postal order of Rs 10 /- may be enclosed with all the details duly filled. In case no reply is received within 30 days of the filing of the RTI application, an appeal should be filed. The list of the PIO is available with all the offices which can also be demanded from the PIO. Please take a receipt of the application and insist for the ID number of the said application. There is no requirement of any visit to the office of the competent authority in connection with the progress in the application; however, the officials concerned can contact the applicant for any clarifications in this regard. The details of the information sought should be given in very clear terms so that the said information is identified and given to the application in accordance with the RTI Act. RTI application Format India Sample FORM-AFORM OF APPLICATION SEEKING INFORMATIONSee rule 3(1)I.D. No _________(For official use) ToThe Public Information Officer,Right to Information Act 1. Name of the applicant:——————————————-2. Full Address: ————————————————————————————— ——————————————-3. Particulars of information required (in brief):——————————————————————————————————-————————————————————————————-(a) Concerned department: ——————————————-(i) Particulars of information required: ——————————————-(ii) The period for which information asked for ——————————————-(iii) Other details:——————————————- 4. I state that the information sought does not fall within the restrictions contained in section 6 of the Act and to the best of my knowledge, it pertains to your office. 5. A fee of Rs ______ has been deposited in the office of the Competent Authority vide No ___________ dated ___/___/______ Place:———————– Signature of applicant E-mail address, if any:————- Dated:——/——/———- Tel. No.(Office)______________ Residence Contact +91-________________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Format of Affidavit for Consumer Case for Vehicle Insurance Claim
Format of Affidavit for Consumer Case for Vehicle Insurance Claim BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, _____, _____ Complaint No._____ of _____ Under Consumer Protection Act _____ …..ComplainantVersus_____ …..Respondents Complaint under section _____ of the consumer Protection Act, _____ EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT I, _____ son of _____ resident _____ at present Resident of _____ do hereby solemnly affirm and declare as under:- 1- That the deponent is the consumer of the respondent as defined under the consumer protection Act, _____. 2- That the deponent is the registered owner of the vehicle _____ bearing its Registration No. _____ Engine No. _____, Chassis No. _____, Model _____. The said vehicle was get insured by the deponent with the respondent insurance company vide insurance policy No. _____ which was valid with effect from _____ to midnight of _____ covering all type of risks therein. As per the insurance policy issued by the respondent to the deponent , the said vehicle was get insured for the amount of _____/- (_____) . A photocopy of the insurance policy and a photocopy of Registration Copy of _____ No. _____ are exhibited herewith as _____. 3- That at the time of issuance of the above said insurance policy, the respondent had assured the deponent that the respondent would pass insurance claimed and make the payment of the claimed amount immediately, if the said vehicle will meet with accident or will be stolen at any point of time with in the validity period of the said insurance policy . 4- That in the mid night of _____ at about _____. The deponent parked his above said _____ in front of _____ in _____, but the said vehicle was stolen by someone in the night of _____. The deponent searched the said vehicle everywhere, but the where about of the said vehicle were not traced by the deponent. Hence the deponent got registered the FIR in the police station _____ bearing its FIR No. _____, dated _____ U/S. _____IPC regarding the theft of the said _____ against unknown thief. The copy of the FIR is exhibited herewith as _____. 5- That just after the steeling of the said vehicle of the deponent intimated the respondent and also submitted the FIR and all the relevant documents to the respondent regarding the steeling of the said vehicle. 6- That then after the deponent approached the respondent and requested to make the payment of the insured amount by raising the insurance claim in the office of the respondent. In this regard the respondent had issued the claim no. _____ and the respondent demanded the copy of the untraced report or final report from the deponent on _____. 7- That upon the application of the deponent the Hon’ble court of _____, has declared the above-mentioned vehicle as untraced vide its order dated _____. The copy of the order dated _____ is exhibited herewith as _____. 8- That then after the deponent personally visited the office of the respondent and met with the respondent and again approaching for claim in writing and submitted the final report along with the copy of the untraced report, photocopy of insurance policy , copy of the FIR, NCR Report, and copy of the R.C. of the said vehicle vide application dated _____. 9- That the respondent being the insurer of the above mentioned vehicle of the deponent and the above said vehicle has been stolen in the validity period of insurance policy, hence the respondent is liable and duty bound to pay the insurance claim as per the terms and conditions of the said policy to the deponent as soon as, but the respondent is trying to escape from their responsibility and liability to make the payment of the claimed amount to the deponent in arbitrary manner, hence the deponent is legally entitled to recover the amount of insurance claim along with interest from the respondent as per the terms and conditions of the insurance policy . 10- That the cause of action to file the present complaint accrued on each and every date when the deponent requested the respondent to make the payment of the insurance claimed amount and the cause of action finally accrued on _____ when the respondent has finally refused to make the payment of the insurance claimed amount to the deponent. 11- That the relevant documents which are produced before this Hon’ble Forum may kindly be read in my evidence. Verification:- Deponent Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed thereinVerified at _____ on _____ Deponent Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)
- Accident Death Claim Affidavit Format
Accident Death Claim Affidavit Format BEFORE THE _____ CLAIMS TRIBUNAL, ____ Ram............................. wife of ……………………….. son of ……………………… 2-………………………………. s/o…………………………. D/o………………………… s/o……………………………………. All residents of _____ District ___ at present R/o _____ . …………………………………………………………..PETITIONERS VERSUS 1-…………………………………. s/o ………………………. Resi……………………………_ (Driver of the offending vehicle ____ No. ____) 2- ____ son of ____ resident of ____ (Owner of the offending vehicle ____ No. ____) _____ vide its Insurance Policy No. …………..valid upto ………….. issued from ____ branch office service may be effected through its Branch Manager at ____. (Insurer of the offending vehicle ………………. No. ……………….) ………………………………………………………..RESPONDENTS CLAIM PETITION UNDER SECTION ___ OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION OF ____/- UNDER NO FAULT LIABLITY UNDER SECTION ___ OF ____ Sir The petitioners most respectfully submit as under:- We, the above-named petitioners being the legal heirs/representatives of deceased ____, do hereby apply for the grant of compensation, who died in the roadside vehicular accident caused by the respondent No.1 by driving the vehicle ____ rashly, negligently, carelessly, without observing the traffic rules, without observing the safety of the others at ____ within the jurisdiction of ____ on ____ at about ____. The necessary particulars in respect of the vehicle, deceased etc. are given herein below:- 1- Name & father’s name of the person deceased – ____..........................................son of ____..................... 2- Full address of the person deceased – ____Resi…………………… 3- Age of the person deceased – Occupation of the person died – ____ Name and address of employer – ____ Monthly income of the person – ____ Does the person in respect of whom the compensation is claimed pay income tax, if so, state the amount of tax paid ? – ____ Place, date and time of accident – The accident took place on ____ at about ____ at ____ within the jurisdiction of ____ Name & address of the police Station in whose jurisdiction The accident took place and the case Was registered – Police Station____ where the FIR No____ dated ____U/s. ____ IPC was got registered against the respondent No.1 Was the person in respect of whom the compensation is claimed was traveling in the motor vehicle involved in the accident – ____ Nature of injuries sustained – ____ 12- Name & address of the Medical Officer, if any, who attended the deceased – ____ 13-Period of treatment and expenditure – if any ? – ____ 14- Registration No. & type of the vehicle involved in the accident. – ____ 15- Name & address of owner of the offending vehicle – ____ 16-Name & address of driver of offending vehicle. – ____ 17-Name & address of the insurer of the offending vehicle. – ____ 18- Has any claim been lodged with the owner /insurer of the offending vehicle – ____ 19- Name & address of the applicants – ____ 20- Relationship with the deceased – ____ 21-Titlte to the property of the deceased – ____ 22-Amount of compensation claimed – ____ 23- Whether the claim petition is within time. – ____ 24-Any other information that may be helpful in disposal of the claim petition – ____............. 25-Brief Description of the Accident:- That on ____ at about ____ the deceased was going to ____ on his ____ and when he reached near ____ in a very slow and moderate speed on the left side of the road meanwhile the respondent No.1 driving the ____ rashly, negligently, carelessly without blowing any horn and in a high speed hit the ____ of the deceased from ____side while coming towards ____ side. Due to the hit the deceased fell down on the road sustained multiple grievous injuries on his ____ and body. The accident has been caused by the negligent and rash and careless driving by the respondent No.1. PRAYER:- It is therefore, prayed that the petition of the petitioners may kindly be accepted and an award of ____ /- (____ only) under section ____ of the ____ along with interest @ ___% p.a. from the date of accident till the date of realization of the amount in full may kindly be passed in favour of the petitioners and against the respondents jointly and severally with costs of the petition. It is further prayer that an award of ____ /- under section____ of the ____ Act, under No Fault liability may also kindly be passed in favour of the petitioners and against the respondents jointly or severally. PETITIONERS Through counsel ____ Advocate, ____ VERIFICATION Verified that the contents of our above petition from Para No.1 to 25 are true and correct to the best of our knowledge and belief. The last Para is the prayer before this Hon’ble TribunalVerified at ____ on __________ PETITIONERS Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)














