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  • Petition for Revocation of Grant of Probate, Letters of Administration, Certificate

    Petition for Revocation of Grant of Probate, Letters of Administration, Certificate In the Court of………………..                                                                  In the goods of…..(full name, address                                                                        and nationality)                                                                                                            And                                                                              In the matter of revocation of the grant of                                                                              probate of will or letters of                                                                                administration of the estate, or, in of GH                                                                               deceased                                                                          AB residing at ……………. Petitioner                                                                                                      versus                                                                              CD residing at………… Respondent                                                                     The humble petition of AB (state full                                                                        name, address and nationality)                                                                  Respectfully Sheweth: 1. That the deceased above-named who was a Hindu governed by the Dayabhaga or Bengal School of Hindu Law died intestate on the…..day of….at……2010 2. That the deceased was governed by the Hindu Succession Act 1956 and at the time of death he left the following and no other persons as heirs and legal representatives (state, name, address, age and relationship). 3. That your petitioner being a son of the deceased is entitled to……. share in the estate of the deceased. 4. That your petitioner was most surprised when he came to know on the day of………………….that the Respondent No……….has had on the………day of………………obtained probate of a pretended will (which is completely a forged document manufactured by the said respondent) alleged to have been made and published by the deceased on the day of……of which he never heard except for the first time as on the………day of……….. and of which he had no means of knowledge of the proceedings in relation thereto. 5. That your petitioner was not served with any citation or any other notice nor had any information in connection with the grant of probate of the said purported will. 6. That the said will is also hard and unkind inasmuch as it has left out all near relations, including your petitioner, and purports to give the entire estate unto and in favour of the respondent No. 1 and thereby deprive your petitioner and also the other heirs from their legitimate rights and shares in the estate. 7. That in the circumstances and in the ends of justice your petitioner is advised and he respectfully submits that this court might be pleased to revoke the grant of probate. 8. That this application is made bona fide. Your petitioner therefore prays for an order revoking probate of the said will. Verification I,……….residing at…………….being the…………………..of the above-named do hereby declare and say that the statements contained in the paragraphs 1 to 8 of the above petition and are true to my knowledge and the rest are my humble submissions to this Learned Court. I sign this verification at…………..this……………..day of……….2010. Signature Before me Notary Prepared in my Office Advocate for the Petitioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Writ of Certiorari

    Writ of Certiorari In the Court of Judicature of Allahabad…………. Civil Misc. Writ Petition No……….of 20……… (Under Article 226 of the Constitution of India) (District :………..) ……………..Son of………………..r/o…………………………District :………….. ….Defendant/Petitioner Versus 1. ………………………….. 2. Smt. …………………widow of Sri………………… r/o ……………District :…… ...Plaintiff/Respondents To, The Hon'ble Chief Justice and his other companion Judges of the aforesaid Court. The humble petitioner most humbly showeth as under : 1. That the Respondent No.2 filed a suit for arrears of Rent and ejectment against the petitioner in the Court of Judge Small Causes, ………. 2. That the aforesaid Suit was filed on the ground that defendant has committed default in payment of Rent and is liable to be ejected from the premises in dispute. True copy of the plaint is being filed herewith are marked as Annexure I to this Writ Petition. 3. That the Petitioner filed written statement denying plaint allegation. True copy of written statement is being filed herewith and marked as Annexure II to this Writ Petition. 4. That during the pendency of the aforesaid suit the Plaintiff Respondent sold a part of the disputed house to a third person through a Registered Sale Deed. As a result of the said sale-deed the vendee (Not impleaded as a party in the suit) became the part owner and landlord of the disputed house. 5. That the sale-deed of the part of disputed house necessitated amendment in the written statement and consequently dependent moved an amendment application. 6. That the plaintiff filed objections against  the amendment application. 7. That the trial Court, vide it's Order dated………… rejected the amendment application of the petitioner. True copy of the Order dated ……….is being filed herewith and marked as Annexure IV to this Writ Petition. 8. That aggrieved by the Order of the trial Court the petitioner preferred Revision before the Distt. Judge. The first Addl. Distt. Judge,…….vide its Order dated……… partly allowed and partly dismissed the aforesaid revision. 9. That the opinion of the Court below that relationship of tenant and landlord, once admitted, cannot be withdrawn or explained away, is erroneous in law. 10. That it is settled law that the admissions of the party can be withdrawn or explained away by way of amendment of pleadings. 11. That the Court below erroneously refuse the third amendment sought by the petitioner. In the 3rd Amendment again the relationship of landlord and tenant was denied and it was also stated that since the plaintiff has splited tenancy and she cannot get possession over remaining of the disputed property. Court Below acted illegally in allowing the later part of the amendment while refusing the former. 12. That allowing the amendment relating to jurisdiction of the court while refusing the amendment regarding denial of the relationship of tenant and landlord is erroneous inasmuch as it does not give an opportunity to the petitioner to prove that the court has no jurisdiction to try the suit. 13. That the Petitioner is lapse with no other alternative remedy except to approach the Hon'ble Court under Article 226 of the Constitution of India. 14. That there is no deliberate delay in filing the present writ petition. Since ……., 20…… Petitioner son was suffering from a chronic diseased and was being treated at ……… The petitioner being only other male member in the family had to lookafter his son and had to spend much of this time at ……. in connection with the treatment of  his son. It was only when the Petitioner's son could recover in the first week of …………, 20..….. that the petitioner could apply for the certified copy of the order and could proceed to Allahabad for filing the present writ petition. In the present circumstances the delay in filing the present writ petition is liable to be condone. 15. That the present writ petition is being filed inter alia  on the following GROUNDS 1. Because the Court below acted illegally in refusing the amendment regarding denial of relationship of the tenant and landlord which was, though initially admitted, later was sought to be withdrawn. 2. Because the Court below failed to appreciate that admissions made in the pleading can be withdrawn or explained away through amendment. 3. Because the court below failed to appreciate that the merits of the amendment sought to be made, are not to be looked into at the time of disposal of the amendment application. 4. Because the court below failed to consider that the present amendment was bona fide  and was necessitated on account of subsequent events during the proceedings of the case. 5. Because the order of the court below is otherwise erroneous in law and on facts. PRAYER It is, therefore, most respectfully prayed that it is just and expedient in the interest of justice the Hon'ble Court may be pleased to - 1. Issue a Writ, order or direction in the nature of certiorari quashing the order dated ……… and ………. (Annexures IV and V) to the Writ Petition). 2. Allow the amendment application (Annexure III to the Writ Petition). 3. Pass such other and further orders as it deems fit in the circumstances of the case. Advoate for the petitioner. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.30/-)

  • Sample Form

    Sample Form In the High Court of Judicature at…………….. Name and Address………………………………….            Petitioner versus President, Municipal Board, …….. District ……..State of  ………..                      Respondent. Petition for a writ of certiorari under Art. 226 of the Constitution of India to quash the order of the President, dated………….. refusing to allow withdrawal of resignation The petitioner above named states as under : 1. That he was working as a Superintendent of he Municipal Board at ………… in the district of ….. 2. That certain charges of misappropriation  and other irregularities alleged to be committed by the petitioner were served on the petitioner on ….. by the respondent and some investigation was made in this behalf but the said charges were dropped against  the petitioner on or about……… 3. That the petitioner was made, under undue influence, to submit a letter of resignation from service to take effect one month after the date of submission thereafter. The petitioner asserts that he was not bound by the contents of the said letters. 4. That the petitioner withdrew by letter, dated………… the offer of resignation (prior to the date when the alleged resignation was to take effect) submitted on………. as stated above, and requested that the said offer of resignation be not considered and be deemed as withdrawn. 5. That the respondent rejected the prayer mentioned in para 4 above on …….. by this order, dated ………., and directed the petitioner to hand over charge of his office to……… 6. That the petitioner move the …………….. [Appropriate Court] for a temporary injunction against the respondent to restrain him from giving effect to the said letter of resignation, in a suit filed for declaration that the said letter of resignation was not a voluntary one but had been extracted out of the petitioner under undue influence but the ……………..[Appropriate Court] discharged the rule issued for a temporary injunction in the said suit, as prayed for. 7. That the petitioner also submitted a representation to the State Government on……….. but the same has not yet been decided. 8. That being aggrieved by the order of the respondent, dated………… the petitioner approaches this Hon'ble Court for issue of a writ of certiorari and such other direction and order as it may deem just, on the following among other Reasons (i) That the suit filed by the petitioner, as stated in para 6 above, has become infructuous, the relief  by means of a suit is not an equally adequate and efficacious one in the circumstances of this case. (ii) That the letter of resignation above-mentioned was to take effect on ……… or thereafter, it was not an unconditional resignation. The petitioner had a right to intimate to the respondent that he no longer wished that this offer of resignation which was to come into existence from ……… should be considered as effective. Till…………….. there was no resignation at all. (iii) That the respondent had no jurisdiction to reject the prayer contained in this letter, dated…….. withdrawing from consideration the offer of resignation submitted as alleged. 9. It is, therefore, prayed that the order issued by the respondent, dated ……….. mentioned above be quashed and such other direction or order as may be consequential and just in this behalf be made or passed. N.B . - An affidavit in support of the petition along with the copy of the order, dated………. above-mentioned, and sought to be quashed, is also filed herewith. (Sd.) Petitioner Dated …………. (Sd.) Counsel for the Petitioner. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • IN THE COURT OF SUBORDINATE JUDGE AT

    IN THE COURT OF SUBORDINATE JUDGE AT ……………… E.A. No………… 20 ……….. S.E.P. No. ……… 20………. S.C.No . ………… 20……… Between :- ……………….. ……………….. …..Petitioner/J.D. And ……………….. ………………... …..Respondent/D.Hr . Petition filed on behalf of Petitioner u/order 16 Rule 6 C.P.C. For the reasons stated in the accompanying affidavit it is prayed that this Hon’ble Court may be pleased to summon the list mentioned documents from the M.R.O’s Office of …………….. and direct him to give evidence and pass such or other orders in the interests of Justice. Advocate for petitioner List of Documents :- 1. Certified copy of No…… for …….. Nos……….. for faslies……. to ….. 2. Certified copy of ……… Account for S. Nos……….. to ……… Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

  • Petition for Appointment of Guardian

    Petition for Appointment of Guardian In the Court of Civil Judge (Senior Division) At Alipore Guardianship Case No................of 2010 In the matter of: MB, a minor under the age of  18 years residing at 1  Construction Road, Mumbai And In the matter of: PN residing at ................ Petitioner Versus RS, residing at................ RT, residing at ................ Respondents Application under s. 10 of the Guardians and Wards Act 1890 for appointment of a Guardian of the Minor The humble petition of the petitioner above-named most respectfully Sheweth: 1. MB above-named is the son of PQ. The said PQ was a businessman and was residing at................The said PQ died on 15th June 1999 at his residence at................The mother of MB predeceased PQ. Your petitioner was a close friend of the deceased. 2. The said MB is a minor born on 1st May 1989. He is now approximately 10 years of age. 3. The said minor is residing with his distant relative at ................ 4. The said minor is entitled to, in his own right, several assets and properties, namely, moneys covered by two Life Insurance Policies No. 1 and 2 for Rs. 10,000 and Rs. 20,000 respectively in the name of his deceased father and in respect of which the minor is the nominee. There are two Fixed Deposits with X Bank Ltd. for Rs. 50,000 and Rs. 80,000 and the said Receipts are in the joint names of the said deceased and the minor and the moneys thereunder are payable to "either or survivor". The premises No................also belongs to the minor by inheritance. 5. The said minor is governed by the Hindu Law. 6. The other relatives of the said minor are the following: (a)RS brother of the said deceased, residing at................; (b)QT, the brother's son of the deceased residing at................ 7. The guardian of the person or property of the said minor has not been appointed either by Will of the said PQ or by court. In fact, the said PQ has died intestate. 8. GP the proposed Guardian is a service holder and is the maternal uncle of the minor. He is married and is at present residing at................ The said GP is financially well-off having a monthly income of Rs. 5,000. He is of a good character and habits. He is a fit and proper person to be appointed the guardian of the person and property of the said minor. 9. There is no person quite fit or in a position to look after the welfare of the minor or to protect and preserve the assets and properties of the minor.  10. The moneys receivable under the deceased's Life Insurance Policies and the Fixed Deposit Receipts are to be collected and properly invested. The minor in his own right is entitled to a property being premises No................which is tenanted. This property has to be repaired and the rents have to be collected. There is some urgency in the matter. 11. The minor has to be properly educated and for that purpose admitted to a good school. At present there is nobody suitable to look after his education and welfare, assets and properties. The maternal uncle is a teacher and candevote time and energy for the welfare of the minor. 12. In view of the aforesaid the present application is being made for the benefit of and in the interest of the minor. 13. Unless Orders are made as prayed for herein, the minor will be seriously prejudiced. 14. This application is being made bona fide and in the interest of Justice. Your petitioner therefore humbly prays Your Honour for the following Orders: (a)Mr. GP or some other fit and proper person be appointed as the Guardian of the person and properties of the said minor MB; (b)Security to be furnished by said GP or the guardian may be fixed at Rs. 1 lakh and Mr. X and Mr. Y be accepted as Sureties for the said GP; (c)A sum of Rs. 3,000 a month be fixed for the maintenance and education expenses of the minor;  (d) Rs. 500 per month be allowed to the said GP as the remuneration in respect of collection of rents, moneys and assets of the minor and investments thereof and for looking after the minor; (e)The said guardian to be appointed herein be given liberty to invest the moneys of the minor in an appropriate safe manner; (f) The said GP be given liberty to carry out the repairs of the tenanted premises and to take proper steps for realisation of arrear and current rents; (g) The costs of this application be directed to be paid out of the income of the minor; (h) Further Orders be made and directions be given as to this Learned Court may deem fit and proper to afford complete relief to the petitioner. And your petitioner as in duty bound, shall ever pray. Verification I, PN, son of NP aged about 30 years and the petitioner above-named know the facts and circumstances of this case and I am able to depose thereto. The statements contained in paragraphs No. 1 to 14 hereinabove are true to my knowledge based on information derived from the documents shown to me and also the information derived from the mother of the minor and from my personal association with' the deceased and I believe them to be true. Place: Mumbai Date................................Signature of the Petitioner Identified by Advocate for the petitioner Declaration of GP I, the undersigned GP, the Maternal Uncle of the minor residing at ................ do hereby agree to accept the office of the Guardian of the person and property of the minor MB son of PQ of ................, in case this Learned Court shall think fit to appoint me as the Guardian of the minor. Signature of the GP Identified by Advocate Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Suit for declaration & permanent injunction

    Suit for declaration & permanent injunction IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE AT PUNE Civil Suit No. /200___ Shri ASR __.{Full Name) ) age -- years, occupation -, )        Plaintiff ………………………………… ) …………………………………. ) Versus 1. Shri ABR __(Full Name)        ) age -- years, occupation -___________        )        Defendants                                                                                            ) 2. The State of Maharashtra        ) A SUIT FOR DECLARATION & PERMANENT INJUNCTION ■ The plaintiff abovenamed submits this plaint, praying to state as follows : 1. Suit Properties   : All those pieces and parcels of lands situate within the Registration Division & District Pune, Sub-Division & Taluka Haveli, within the local limits of the Pune Zilla Parishad, revenue village Rajgurunagar, as detailed below : (A) Gat No. 195/2, admeasuring 45 acres or thereabouts, and bounded by   : On or towards the East            Gat No. 195/7,On or towards the South          Gat No. 200,On or towards the West      _       Public Road, andOn or towards the North Nullah. (B) Gat No.   196,    admeasuring 55 acres or thereabouts, andbounded by   : On or towards the East               Gat No. 197, On or towards the South            Gat No. 201, On or towards the West              Gat No. 202, and On or towards the North             Public Road. (C) Gat No.  200,    admeasuring 47 acres or thereabouts,  andbounded by  : On or towards the East_       Gat No. 205, On or towards the South            Gat No. 211, On or towards the West               Public Road, and On or towards the North_       Nullah. 2. That the said lands had been given to the share of the present plaintiff in partition effected on , and since the, the plaintiff has been possession and enjoying the said properties as his exclusive properties, and there is abundant evidence to establish that the present plaintiff is in actual possession and enjoyment of the said properties since the said partition, dated . 3. That, however, it appears on , the defendant No.  1 filed his return under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, hereinafter referred to for the sake of brevity as the "said act".    The Special Deputy Collector,  Khed Division, started an enquiry into the holdings of the defendant No. 1, case No. MLS/ME/100, and by his judgment and order, dated , held that the total holding with the defendant No. 1 as on was 147 acres and 6 gunthas. 4. That it was also held by the said officer that the defendant No. 1 was the only member in his family and that he was entitled to hold  108 acres of land only, and, therefore, the surplus land with the defendant No.  1 was 34 acres and 6 gunthas of land, and he proceeded to delimit the same from Survey No. 195/2 and gave further incidental directions in the aforesaid judgment and order.  However, suo motu proceedings were  started by the  Commissioner,  Pune Division, Pune, being Ceiling Revision Case No. SHO. 100, who, by his judgment and order passed by the Trial Court, holding that the defendant No. l's total holding was 180 acres and 26 gunthas, and on conversion, it came to 428 acres and 34 gunthas, and that the defendant No. 1 was entitled to hold 320 acres and 34 gunthas and so the surplus with the defendant No. 1 came to 108 acres, and so holding remanded the matter to the Trial Court for reconsideration of the trial under Sections 15, 16 and 21 of the said Act. 5. That against the said judgment and order, the defendant No.   1 preferred a special civil application No. 250/200_ to the High Court of Judicature at Mumbai, which was dismissed.   Their Lordships were pleased to kindly pass the following order :  (i) While calculating the ceiling areas for the holding of each of the petitioner or of his family unit, no land shall be taken into consideration more than once, (ii) Save and except for the above, the rest of the order of the Commissioner impugned herein stands;  (iii) There will be no order as to the cost's. 6. That it is clear from this order that their Lordships have not said thatthe second partition of the year 200__ is to be completely ignored and only the partition has been considered is of the year 200.. 7. That after remand, the case was numbered as Ceiling Case No. MLS-W-63 in the Court of the Special Deputy Collector, Khed, who, by his judgment order, dated , held that the defendant No.  1 was entitled to hold 113 of land, i.e. on conversion, the defendant No. 1 was holding 400 acres and 8 gunthas,  and the defendant was entitled to hold 108 acres of land and so the surplus came to be 292 acres and 2 gunthas, and he directed these to be taken from Survey Nos. 195/2, 196 and 200. 8.  That it is pertinent to note and as will be clear from the judgment that the present plaintiff was not a party to the said proceedings after remand. 9. That against the  said judgment and  order,  it is true  that the defendant No. 1 preferred an appeal No. MRT/SH/CING/17/19 of 200_ in the court of the Commissioner, Pune Division, who, by its judgment and order, dated , dismissed the same. 10. That the present plaintiff has a sound and substantial case, for he has been in continuous possession of these three lands since the partition in the year 1980, and the same has already been mutated in the extracts of the record of rights by mutation entry No. 268, dated 15.6.1980. 11. That the defendant No. 1 had clearly stated that these three lands were given to the share of the present plaintiff and that the plaintiff has been continuously and uninterruptedly in possession of the same, and the defendant No. 1 has then never challenged the said partition during all these years. 12. That it is clear that the defendant No. 1 had fraudulently concealed all these facts from the notice of the authorities as well as from the knowledge of this plaintiff and offered the said lands as surplus holding in his case, and, as such, the said order of the Surplus Land Determination Tribunal has been obtained by the defendant No. 1 by fraud, and hence, it is null and void. 13. That the present plaintiff has been cultivating the said lands every year and taking crops like sugarcane, cotton, jowar, what, etc., and he is also a producer-member of the Ganesh Sahakari  Sakhar Karkhana for the  last 25 years,  and  every year,  he  has been supplying sugarcane to the said sugar factory, for which has already received bills for the payment of such supply. 14. That it is also the contention of this plaintiff that the orders passed in the said proceeding in the case of the defendant No. 1 have been passed without joining the present plaintiff as a party, and hence, the defendant No. 2 cannot validly enforce the same against the present plaintiff. 15. That even it were to be held that the said partition were invalid, yet the facts stand that the plaintiff is in actual possession of he said property right from the date of partition, dated , and, thus, after the continuous possession of the plaintiff for more than 12 years, the plaintiff in any case obtained a perfect title by adverse possession, and therefore, in the year 1980, the defendant No. 1 had no title to the said property to offer the same by way of choice of the surplus land, and hence, also the decision is bad. 16. That it is also pertinent to note that the plaintiff all these years hasbeen paying the water charges and the land revenue in respect of these lands. 17. That the plaintiff, therefore, prays that - (a)it be declared that since the defendant No. 1 had obtained the order from the  Surplus  Land Determination Tribunal by fraud, the same is null and void; (b)in alternative, it be declared that since the present plaintiff was not a party to the said proceedings, the order passed in that proceeding cannot be enforced against the present plaintiff; (c)in alternative, since the present plaintiff has been in actual possession of the said lands for more than 12 years and has obtained a perfect title to the said lands, the defendant No. 1 had no title to the said property to offer the same by way of his choice, and the said decision is, therefore, bad and nulland void.  (d) the defendants be permanently restrained from executing the said orders against the present plaintiff in respect of the said lands. Pune, Sd/- ASR PLAINTIFF Dated: . Sd/- xX x  ADVOCATE FOR PLAINTIFF VERIFICATION I, Shri ASR the present plaintiff, do hereby state on solemn affirmation that the contents of this plaint in paras 1 to 14 are true and correct to the best of my knowledge and belief, and I have signed hereunder at Pune this ___ day of . 200_    Sd/- ASR PLAINTIFF Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/)

  • Application for Anticipatory Bail under section 438, Cr PC

    Application for Anticipatory Bail under section 438, Cr PC In the Court of the Sessions Judge at Howrah AB son of MN resident of  …   Petitioner Versus……………………. The State of West Bengal … Respondent The humble petition of the petitioner above-named MOST RESPECTFULLY SHEWETH: 1. That a burglary was said to have been committed in a village which is contiguous to the village Dhubli where the petitioner’s house is situated on the night of 6th June 2010. 2. That the owner of the house, in which the burglary had been committed, has enmity with the petitioner for several years over landed properties and he is trying to implicate the petitioner in the said dacoity case falsely.  3. That the petitioner has reasons to believe that your petitioner may be arrested on accusation of having committed the said offence of burglary which is a non-bailable offence by police at the instance of the said owner of the house where burglary is said to have been committed. 4. That the petitioner undertakes to obey all the conditions mentioned in clauses ( i ) to ( iii ) of sub-sec. (2) of section 438, Cr PC and to obey any other conditions if imposed by Your Honour.  5. In the circumstances your petitioner prays that Your Honour may be graciously pleased to issue a direction to the Officer-in-Charge of Police Station Dhubli that in the event of your petitioner being arrested he may be released on bail on any conditions that Your Honour may be pleased to impose on your petitioner. 6. And your petitioner, as in duty bound, shall ever pray. Verification I, AB, son of MN, residing at ……………, Howrah ……… do hereby solemnly affirm and say as follows: I am the petitioner above-named. I know the facts and circumstances of the case. The statements in paragraphs 1, 2, 3 and 4 of the foregoing petition are true to my knowledge and belief. I sign this verification on this 7th day of June 2010 at the Court House in Howrah.  Solemnly affirmed by the said AB on this 10th day of June 2010 at Court House in Howrah. Before me Notary/Magistrate Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Petition for revocation of grant of probate and letters of administration of will

    Petition for revocation of grant of probate and letters of administration of will In the Court of.....................(place and name of court) In the matter of revocation of the grant of probate of will/letters of administration of the estate/in the ..................(name of deceased). Petitioner.....................           vs. Respondent..................... The humble petition of..................... (name, address and nationality of the petitioner). Respectfully Sheweth: 1.  That the above named deceased who was a Hindu governed by under the Hindu   Law   died   intestate   on   the   ...............   day   of   ...........   20   .........   at ...............,.....(place of residence). 2. That the deceased was governed by the Hindu Succession Act, 1925 and at the time of death he left the ..................... persons as heirs and legal representatives (name, address, age and relationship). 3.  That the petitioner being a son of the deceased is entitled to ............... % of share in the estate of the deceased.....................(name of deceased). 4.  That     the    petitioner     .....................     came    to    know    on    the    day of .........20...... that the Respondent ............... has had on the ............... day of   .........20......obtained   probate   of   a   pretended   will   (completely   a   forged document) alleged to have been made and published by the deceased on the day of ......... 20 ...... which he never heard except for the first time as on the ......... day of ...20... 5.  That no notice has been served or issued on lien of the grant of probate of the said will. 6.  That the said will is also hard and unkind in as much as it has left out all near relations of the petitioner .....................and purports to give the-entire estate unto and in favour of the respondent ..................... and thereby deprive the petitioner and also the other heirs from their legitimate rights in the estate. 7.  That in circumstances and in the ends of justice the petitioner respectfully prays that this honourable court may be pleased to revoke the grant of probate. The petitioner..................therefore prays for an order from the Court / revoking probate of the said will and the petitioner as in duty bound shall ever pray. VERIFICATION Verified on this ............... day of............... 20 ......that I ............... (name of petitioner) do hereby solemnly declare that the abovemade statements are true and correct to the best of my knowledge and belief. Place:...............                                                       Name address and Signature Date:...............                                                        of petitioner............... Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • Petition for Probate or Letters of Administration with the Will Annexed

    Petition for Probate or Letters of Administration with the Will Annexed In the court of the district delegate for District Judge) of District………………………..                                                                Original petition No……….of…….under                                                                   Indian Succession Act 1925 in the Matter of the                                                                   Will of AB……………deceased                                                                 Petition of XY son of EF by caste……….                                                                   by occupation……….resident of……. Most Respectfully Sheweth: (1) That the above-named AB hereinafter referred to as the said deceased who was a Hindu governed by the Hindu Succession Act (Act XXX of 1956) and died on the….day of….at……within the jurisdiction of this court which was his fixed place of residence (or where he was temporarily residing, 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 filed herewith. (2) That prior to his death and on the……..day of………the deceased made and published his last will and testament whereby he appointed your petitioner as the sole executor and left and bequeathed his estate and effects thereof as indicated therein. (3) The said will is annexed to the affidavit of Sri………..one of the attesting witnesses and it will appear from the said affidavit that the same was duly executed by the said deceased in the presence of the witnesses whose names appear at the foot thereof and was also attested by them. (4) Your petitioner is the same person as XY, the executor named in the will and, as such, he is entitled to probate thereof (or where the application is for letters of administration with a copy of the will annexed-as the said testator did not appoint any executor of his said will, your petitioner being his eldest son and one of the persons entitled to a share of his estate in the event of intestacy-is entitled to and so claims administration of the property and credits of the said AB. (5) That your petitioner has truly set forth in Annexure A to his affidavit of valuation filed herewith all the properties and credits which the deceased died possessed of or was otherwise entitled to at the time   of his death which have come or are likely to come to the petitioner's hands and so far as your petitioner has been able to ascertain or is aware, there are no property and credits other than what are specified in the Annexure A of the said affidavit and in case of discovery of other assets your petitioner undertakes to pay the requisite court-fee on that account. (6) That your petitioner has also truly set forth in Annexure B to his said affidavit all the items that by law he is allowed to deduct. (7) The value of the assets which are likely to come to your petitioner's hands in the event of probate of the will or letters of administration with a copy annexed thereto being granted does not exceed the aggregated sum of Rs……..and the net amount after deducting all items which he is by law allowed to deduct, is under the value of Rs…….. (8) That the deceased was a Hindu governed by the Hindu Succession Act (Act 30 of 1956) and at the time of his death he left the following and no other relations who would have been  his heirs in the event of intestacy under the said Act. Name, address, age and relationship; remarks, if any {full details) (9) That your petitioner has duly paid the ad valorem duty payable in respect of the estate of the deceased. (10) That no application has been made before any other court for probate of the said will or letters of administration with a copy annexed thereto and no suit or other proceedings are pending for administration of the estate. (11)Your petitioner hereby undertakes to administer the property and credits of the said AB deceased and to make and file a full and true inventory thereof and exhibit the same in this court within six months from the date of grant of probate of the will (or letters of administration) to him, and also to render to this court a true account of the said property and credits within one year from the said date. (12) That this application is made bona fide. Your petitioner therefore prays: (a) That probate of the said will (or letters of administration to the property and credits of the said deceased, with a copy of the said will annexed) with effect throughout the State of………..may be granted to him. (b) For such other reliefs as this court may seem fit. Prepared in my office: Advocate for the petitioner Verification of the Applicant     I,…………, the above-named petitioner, do declare and say that the statements contained in paragraphs 1, 2, 3,4, 5, 6, 7, 8, 9,10 and 11 of the above petition are true to my knowledge and those contained in paragraphs 12 and 13 thereof are my submissions. 1 sign this verification at………..this……….day of…………… Declaration of Witness I,……….., one of the witnesses to the last will and testament of……..the testator mentioned in the above petition, do declare and say that I was present on the………….day of…………………………at……………and saw the testator affix his hand and signature or mark to the said will, marked A to the Affidavit of…………filed herewith (or that the said testator acknowledge the writing annexed to the above petition and marked A, to be his last will and testament in my presence). Solemnly affirmed by the said …….witness this………….day of…………. at Court House at Mumbai Sign Before me Commissioner/Magistrate /Oath Officer Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • Petition for divorce by mutual consent under section 13 (b) of the hindu marriage act 1955

    Petition for divorce by mutual consent u/s 13 (b) of the hindu marriage act 1955 IN THE COURT OF THE JUDGE, FAMILY COURT,  AT  Marriage Petition No. / 200_ 1. Smt SVW ) age 40 years, occupation - service,                   )resident of 900 Rajaram Peth, ) Mumbai 400030. }         Petitioners 2. Shri         VSW )age 50 years, occupation - service,                   )resident of 35 ……, Taluka ………,                )District …………. ) The petitioners abovenamed submit this petition, praying to state as follows: 1. That the petitioners were married to each other at Mumbai on…………….according to the Hindu religion, vaidic rites and ceremonies. 2. That the No. 1 of the   petitioners, before the marriage, was known by her maiden name as Nee NGS, while there is no change caused in the name of the petitioner No. 2 of the petitioners. 3. That after the said marriage, the parties started living together at Mumbai and cohabited till the end June 2010. However, even during this period, the matrimony was not a matter of comfort and joy, and the petitioners say that they had then come to a tacit conclusion that they shall never be able to hit if off together anytime in the future. 4. That the relationship of the parties hereto during this time was always strain, and within a year's time,  the parties realised and got convinced that they are so different from each other in their likings, habits, ideas, ideologies and feelings that their cohabitation and matrimony with joy and pleasure would be impossible, and the differences between the parties reached such a height that on , the No. 1 of the petitioners was required to leave the cohabitation, and since then the parties are living apart at the addresses hereinabove mentioned. 5. That the petitioners submit that they are convinced that conciliation between them is not possible, and the best course left to them is to terminate the matrimony at the earliest. 6. That the parties started living apart from June 2010. And since then, they have not resumed cohabitation, and hence, this petition. 7. That the cause of action for the present petition first arose on……when the cohabitation was terminated, and there is no undue delay involved in the filing of this petition.  8. That the petitioners do hereby declare and confirm that this petition preferred by them is not collusive 9. That the marriage was celebrated as well as the parties last resided together within the local jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this petition. 10. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith. 11.That the petitioners, therefore, pray that - (a)This petition be allowed, and marriage between the petitioners be dissolved by a decree of divorce on the basis of their mutual consent; (b) No orders be passed as to the costs or future maintenance, and (c) Any other orders in the interest of justice be kindly passed. Mumbai, Sd/- SVW Dated : __.. Sd/- VSW PETITIONERS *      Sd/-   xXx ADVOCATE/S FOR PETITIONER/S VERIFICATION (of both the Petitioners) We, Smt SVW and Shri VSW, the present petitioners, do hereby state on solemn affirmation that the contents of this petition in paras 1 to 11 are true and correct to the best of our knowledge and beliefs, and so we have signed hereunder. Sd/- H Sd/- W PETITIONERS Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

  • BOARD RESOLUTION FORMAT FOR GIVING POWER OF ATTORNEY

    BOARD RESOLUTION FORMAT FOR GIVING POWER OF ATTORNEY CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF  (COMPANY NAME)  HELD AT THE REGISTERED OFFICE OF THE COMPANY AT  ( ADDRESS )  ON  (DATE)  AT  (TIME). RESOLVED THAT  Mr. (____), Managing Director of the Company, be and is hereby authorized to execute on behalf of the Company, a Power of Attorney in favour of Mr.(___), General Manager Operations (“the Attorney”) of the Company granting full power and authorities on behalf of the Company for the following purposes: To execute the agreement with all the clients for the XYZ services of the Company; To negotiate and finalize the commercials for the said XYZ services; To submit tenders with any organizations or authorities for the above purposes; To manage the day to day affairs in carrying out the execution of project undertaken for the XYZ services; To do all such acts, deeds, and things as may be necessary for completion of the projects under taken for XYZ services. RESOLVED FURTHER THAT  any work carried out by the Attorney about the purposes mentioned above shall be valid and binding upon the Company. RESOLVED FURTHER THAT  the power so granted to the Attorney under this resolution may be revoked, for cause, or without cause, by a resolution of the Board or by a written order by Mr. (___), Managing Director, at any time in the future. RESOLVED FURTHER THAT  Mr. (______), Managing Director and Mr. (___), Company Secretary of the Company be and are hereby severally authorized to do all such acts, deeds, and things as may be necessary to give effect to this resolution. Certified True Copy, For __________________ (Company Name)   DIRECTOR ADDRESS: CITY : STATE : Download Word Document In English. (Rs.10/-)

  • Petition by creditor to adjudge debtor insolvent

    Petition by creditor to adjudge debtor insolvent Most Respectfully Sheweth: 1. That the above-named debtor CD who ordinarily resides at (or carries on business or personally works for gain at) is truly and justly indebted to the applicant to the extent of Rs for principal and Rs............for interest due on a pronote executed by CD in favour of the applicant on the............day of............2010 2. That on the ............ day of............ when the applicant called at the said premises and demanded payment of the amount due under the promissory note, the said CD gave notice to the applicant that the said CD has suspended payment of his debts. 3. That the said debtor has, within three months before the date of presentation of this petition, committed inter alia the following acts of insolvency (state briefly the acts of insolvency), e.g. (i) The said debtor has departed from his usual place of business/ residence at ............ and/or absented or kept himself secluded therefrom with intent to deprive his creditor of all means of communications. (ii) Set out other acts of insolvency, if any. The applicant therefore prays that this court may be pleased to adjudge CD an insolvent and order the realisation of all his assets and distribution of the same amongst all his creditors. Verification I, AB, son of............aged............years by occupation business residing at............do hereby solemnly affirm and say as follows: I am the petitioner above-named. I know the facts and circumstances of this case and I am able to depose thereto. The statements in paragraphs 1, 2 and 3 hereinabove are true to my knowledge and believed by me to be true and that I have not suppressed any material fact. I sign this Verification on this............day of............2010 at the Court premises at Alipore. Before me............Signature of AB Notary............Signature of the Advocate Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

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