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TESTAMENTARY AND INTESTATE JURISDICTION Petition for probate of a will. (Rule 374) IN THE HIGH COURT OF JUDICATURE AT TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO…………….. OF 20…… Petition for probate of the will of (a) …………………………Deceased. ………………………………….. ...Petitioner. (a) Insert name in full, place of residence and occupation. If deceased was a bachelor or spinster that should be stated. THE PETITION OF THE PETITIONER ABOVENAMED TO THE HON’BLE THE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT SHEWETH : (1) That the abovenamed ………………………..died at……….. on or about the …………….. day of …….. 20….. (2) That the said deceased at the time of his death had a fixed place of abode at ………………and/or left property within Greater Bombay and in the state of Maharashtra and elsewhere in India. (3) 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’. (4) 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………….. (b) State what law. (10) That the said deceased left him surviving as his only heirs and next-of-kin according to (b) ………law the following persons, who are residing at the addresses set out against their respective names :- (c) or if made, state of what Court, by what person and what proceedings have been taken. (11) 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. (d) or throughout India. The petitioner prays that probate may be granted to him having effect throughout the State of Maharashtra (d). I………………………………………………………., the petitioner abovenamed do swear in the name of God/solemnly affirm that what is stated in paragraphs ………………………is true to my own knowledge and that what is stated in the remaining paragraphs is stated on information and belief and I believe the same to be true. Sworn/Solemnly affirmed at………………….. this …………. day of ……… 20….. Before me, Assistant Master/Associate, High Court, Bombay. Advocate for……………….. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

Civil Appeal 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 _________. Download Word Document In English. (Rs.20/-)

DECLARATION FOR TRUST Download Word Document In English. (Rs.140/-) Download PDF Document In Marathi. (Rs.140/-) (TRUST) THIS DECLARATION OF TRUST made at this           day of             by Shri             , son of            , by caste    , by occupation            , residing at ____________________(hereinafter referred to as the 'Founder') is as follows:- WHEREAS the donor had dedicated and endowed a sum of Rs. 5,100/- (Rupees Five thousand and one hundred only) and has created a charitable trust for the benefit of the public which is being called as                                  Charitable Trust, subject to the following terms and conditions as set out hereunder:- AND WHEREAS it has now been considered as expedient and desirable to reduce the terms and conditions of the creation of the above said charitable trust in writing:- AND WHEREAS with a view to secure proper and permanent administration of the Trust, it is considered to execute a formal Deed of Trust: NOW THIS DEED WITNESSETH and it is hereby declared as follows:- 1)       The name of the Trust shall be __________________ (hereinafter referred to as the 'Trust').  2)       The above said sum of Rs     shall be the property of the Trust. 3)       The term 'Trust Property' shall mean and include the said sum of Rs. 5,100/-(Rupees five thousand and one hundred only) all additions and accretions hereto, the income thereof and the acquisition therewith in whatever form and all other property which may from time to time vest in, or come from any source to, the Trust. 4)        The Head Office of the Trust shall be situated at ________________________ but the Trustees shall be at liberty to transfer the same to such other place as may be determined by them from time to time. 5)       The objects of the Trust shall include the following:- (a)        (i)   To open, found, construct, establish, takeover, equip, promote, conduct, maintain, support, subsidise, grant aids, to make donations to hospitals, schools, colleges, pathshalas, boarding houses, reading rooms,  libraries, art, music or  literary societies and other institutions, educational or otherwise, associations, printing presses, journals, newspapers, periodicals   and  other  publications   for   imparting   or      developing commercial, industrial, legal, medical engineering, scientific or other knowledge or training. (ii)               To give stipends, scholarships, travelling expenses, allowances and monetary aids to students and scholars in India and abroad; (iii)             To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons; (iv)             To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of  industries; (v)               To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large;   (vi)             To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature;  (vii)           To found, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses;  (viii)         To erect, construct, establish, takeover, maintain poor houses, dharmasalas, parks, bridges, bathing ghats, cremation grounds etc for the use of the public.  (ix)             To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed;  (x)               To give relief, by subscription or otherwise, during famine, flood, earthquake, pestilence or any other calamity;  (xi)             To establish, help or maintain institutions for the cultural, social or economic advancement within the country;   (xii)           To revive, investigate, promote and spread the ancient science of astrology, jyotish and astronomy.  (xiii)         To give donations, subscriptions or contributions to any other charitable Trust;  (xiv)         To subscribe to such other charitable objects as the Trustees may deem proper.  (b)               For the purpose of carrying out the aforesaid object, the Trustees may  (i)                 Purchase, or otherwise acquire any property, rights, leases and concessions etc;  (ii)               Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry;  (iii)             Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company;  (iv)             Train persons in any business or industry and grant them stipends, allowances or bonuses as may be determined by the Trustees from time to time;  (v)               Enter into all necessary contracts incidental or conducive to the fulfillment of the aforesaid objects, provided that the income and profits derived from these shall be utilised for the objects and in the manner provided in this Trust Deed.  6.                  The Trust Property shall vest in the Trustees who shall hold, manage, and administer the same in accordance with the terms and conditions set out herein.  7        a)         There shall not be less than three and not more than seven Trustees who shall together constitute the Board of Trustees.  b)         The following persons shall constitute the first Board of Trustees.  The            number of Trustees may further be increased as provided herein:-   1. 2. 3.                        c)       The power to fix the number of Trustees from time to time, to vary the maximum or the minimum number or to appoint new or additional Trustees, to fill up any vacancies, the conditions on which any or these Trustees are appointed, or the manner, if any, in which their successors are to be appointed, shall vest in the Founder. The maximum or minimum number of Trustees fixed by the founder shall not be altered except by him/her.   d)                 The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer.   e)                  The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall ordinarily hold office for three years, but they shall be eligible for re-appointment after their retirement on the expiry of the term.   Provided that any such Trustee shall also cease to be a Trustee when he is requested in writing by all the other Trustees, without assigning any reason therefore, to vacate his office.                         f)       After the death of the founder, in case the requisite number of Trustees either to fill up the minimum number of Trustees is not appointed by the Board of Trustees due to failure of three-fourth majority, the matter of selection and appointment of a suitable person shall be preferred to the Chief Justice of the Supreme Court of India and the selection and appointment made by him, in accordance with the provisions herein, shall be binding on the then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court  having jurisdiction in the matter.     8.      The Founder shall have the power to nominate any one of the Trustees to be the Chairman of the Board of Trustees for such period as he may determine. After his death, the Board of Trustees may appoint any one of themselves as Chairman for such period as they may determine from time to time.   9.  The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property and from its income.  10.The Trustees shall have full powers to do everything in or for the furtherance of this Trust or beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed.   11.              The Trustees shall have full power and discretion to acquire, hold, carry on and manage any trade or business or any part thereof,  and to employ the whole or any portion of the Trust property or any funds of the Trust in such trade or business, or in running concerns or managing agencies, or in securities or shares and debentures of public or private limited companies or other investments and realise or vary the same or any branch or portion thereof, as they may deem proper from time to time, provided however, that the income profits and gains thereof shall be utilised and applied only for and on behalf of the Trust as provided herein.   12.              The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part thereof or exchange the same for equality of exchange.   13.              The Trustees may lease or let out on rent or royalty and land or building or any part thereof belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or building vested in it, or sub-lease or give right to exploit any concessions or licenses on such rent or royalty to any person either from year to year or for a term of years and on such other terms and covenants as they may think fit and the rent or royalty so received shall form part of the income of the Trust and be accordingly.   14.              The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient discharge for the same to any purchaser, mortgagor, lessee or other person dealing with the Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned to see to the application of the said money.  15.              The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or borrow money for the use and benefit of the Trust on any terms, and on any security or otherwise, as they may consider proper.   16.              (a)        The Trustees may accept donations and contributions, as gifts or otherwise from any person, corporation, institution, State or Government of any country or from any other Trust; and all these may be accepted in any form, such as money, bullion, ornaments, machinery, workshops , factories running concerns, stores, raw materials, fabricated goods, finished goods, managing agencies, royalties, rights, licenses, concessions, useful animals and movable or immovable property of all kinds.  Provided, however, that the Trustees may decline to accept any such donations or contributions at their discretion without assigning any reasons therefor.   b)                 Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific directions by the donor, they shall be dealt with according to the decision of the Trustees.  17.      a)      The Trustees may deposit any money, subject to the terms of this Trust Deed and whether required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and withdraw the same from time to time as they may decide. They may open accounts with any Bank or banking institution.             b)       No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply any portion of the Trust property or fund for his own use or benefit either directly or indirectly.   18.              The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and money received and expenses incurred by them in respect of the Trust, and once in every year such accounts together with a balance sheet shall be examined, audited and certified by such auditor or auditors as may be appointed by the Trustees from time to time on such remuneration or otherwise as they may decide. These annual statements of audited accounts shall be adopted and signed by the Trustees soon after the same are ready as stated herein.   b)                 All the main account books of the Trust shall be kept at the head office of the Trust or at such other places as the Trustees may decide. The branches of the Trust, wherever established, may if desired by the Trustees, maintain separate accounts of their own, which shall be incorporated in the Head Office accounts and when considered proper and convenient but not later than the annual closing.   19. a)   The Trustees are authorised to carry on the administration of the Trust in the manner they may consider best, and for the administration of the Trust, including the purpose or policy thereof, they may frame schemes, rules and regulations and may decide the same from time to time as deemed fit. They may also form committees or sub-committees for the purpose of the administration of the Trust or for management of its properties and business.  20                The Founder may appoint any one or more Trustees as Managing Trustee or Managing Trustees and shall have the power to cancel and vary such appointments.  After the death of the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or the Board of Trustees respectively, as the case may be, may decide from time to time by executing a power of attorney or otherwise authorising the said Managing Trustee (or Managing Trustees)   to act jointly or severally and with or without power to sub-delegate any of such powers to any other person considered fit by the Managing Trustees for that purpose.   21.             The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff to manage and administer the Trust and to maintain the books of accounts of the Trust as well as to carry out correspondence and all other business on behalf of the Trust, as may be necessary, and pay their remuneration.   22.             The Trustees may, in the conduct of the Trust business, employ agents and other employees and pay them salary or commission as they may, at their discretion, consider necessary, and delegate to or confer upon these agents or employees such authority and power on behalf of the Trust, as the Trustees may deem proper.   23.             The Trustees for the time being shall meet at least once in every calendar year and at a time and place to be decided by them for the purpose of transacting the business of the Trust, and the decision of the majority of the Trustees shall regulate such business, provided always that it shall be open to the Trustees to make rules and regulations relating to such meetings and the conduct of their business.  24.             Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's notice or such shorter notice as the Trustees may decide from time to time. No notice of meeting need be sent to a Trustee who is not in India at the time such meeting is held. A notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the Trust   25.             The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be two. But this shall not effect the power and right of the continuing Trustee to appoint another Trustee to make up the quorum so long as the number is below that.   26.             Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall be as good as passed in a meeting of the Board of Trustees.  27.             The decision of the majority in case of difference of opinion amongst the Trustees in any matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie will have a casting vote.   28.            The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable travelling and other expenses for attending meetings of the Board of Trustees or in connection with the business of the Trust, provided however, that the Managing Trustee/s may be paid any honorarium for special services to the Trust, as may be unanimously decided upon by the Board of Trustees from time to time.  29.             In the professed execution of the Trust and powers hereof, no Trustee shall be liable for any loss to the Trust property arising by reason of any investment made in good faith or for the negligence or fraud of any agent or employee, employed by him or her or by any other Trustee, although the employment of such agent or employees was not strictly necessary or expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or omission made in good faith by any Trustee, or by reason of any other matter or thing, except willful fraud or wrong act on the part of the Trustee who is sought to be made liable.  30.            The Trustees shall not spend the trust fund outside the country without the prior approval of CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act 1961.   31.            The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed and laid down in accordance with law so that this Trust shall never fail.  But if any time the Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be their duty to cancel, and treat as cancelled, such particular provision so that the other provisions hereof may not be rendered invalid or otherwise affected.  In the interpretation of this Deed words imparting the singular number include where the context admits or requires, the plural number and vice versa.                                                                 (Donor & Trustee) Draft format of Private Trust Deed. Private Trust formation document format. Format of Private Trust Deed is given below. It is not mandatory to register a private Trust with the Registrar. But the registered private trust deed is valid for all legal purposes. Private Trust Deed can be registered with the Sub-Registrar / Registrar in the particular area. ____________TRUST THIS DEED OF TRUST made this ________ day of ________, ____ by __________________, son/wife of _____________________________ residing at ____________________________________________________________, Passport No. _______________ issued from ____________ and valid upto ___________ hereinafter referred to as the Settlor (which expression shall, unless excluded by or repugnant to the subject or context mean and include his heirs, executors, successors, administrators and legal representatives) of the ONE PART, and Shri _______________________, son/wife of ___________________________, resident of ______________________________________________, Passport No. __________________ issued from _______________ and valid upto ______________. and __________________, son/wife of __________________________, residing at ______________________, Passport No. ___________________ issued from ____________ and is valid upto ____________.                        [hereinafter jointly referred to as the Trustees (which expression shall, unless excluded by or repugnant to the subject or context mean and include the Trustee or Trustees for the time being and the successor or successors in office of the Trustees hereunder) ]of the OTHER PART. AND WHEREAS in pursuance of the said desire prior to the execution of  these presents, the Settlor has handed over a sum of Rs.5,000/- by cash to the Trustees (which fact the Trustees do hereby admit and acknowledge); NOW THIS INDENTURE WITNESSETH that in consideration of natural love and affection that the Settlor has for the beneficiaries (named hereinabove) and for diverse other good causes and considerations the Settlor doeth hereby make this declaration of trust and say that he/she has already handed over the said sum of Rs. 5,000/- (Rupees Five Thousand only) by cash to the Trustees, to have and to hold the said sum irrevocably for the use and upon Trust and for the ends, intents and purposes as contained in this Deed. AND WHEREAS at the desire of the parties settlor has now agreed to register the Deed of Trust. AND WHEREAS the settlor has constituted this Trust with the Trustees mentioned hereinabove as the first Trustees;   NOW THIS DEED WITNESSETH AS FOLLOWS: 1.            NAME OF THE TRUST This trust shall be known as the '_______________' [hereinafter referred to as the trust]. 2.            TRUST PROPERTY For effectuating his said desire and for diverse good causes and considerations thereunto the Settlor doth hereby make over, transfer and assign to the trust the aforesaid sum of Rs 5,000/- as Trust Property, to hold the same and all rentals and other incomes generated therefrom and all monies received by way of investments made from the incomes generated thereof, for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject matter of the Trust (hereinafter collectively referred to as the 'Trust Properties') upon Trust to be used only for the objects and purposes hereinafter expressed with the power, provisions and / or upon the terms and conditions hereinafter mentioned concerning the same.  3.            DUTIES OF THE TRUSTEES The Trustees have accepted the said trust properties and agreed to hold the same and investment thereof for the time being representing the same together with all additions and accretions thereto and contributions and gifts and all accumulated income thereof and all other properties that may be acquired out of the same or become subject to the Trust for the objects and purposes hereinafter expressed. 4.            The Trustees shall hold and stand possessed of the Trust properties for the tenure of this trust and during the lifetime of and for the benefit of the Beneficiaries. 5.            BENEFICIARIESThe beneficiaries of this trust shall be: ____________ aged about ___________ years son/daughter of __________________, resident of _______________________; and lineal descendent of ___________________. 6.            TENURE OF THE TRUST The tenure of this Trust shall be for a period of ten years from the date of commencement of this Trust. However the Trustees may put an end to the trust at any time or continue the trust beyond the period of ten years, whichever in their discretion is in the interest of the beneficiaries. 7.            PURPOSES OF THE TRUST During the tenure of this Trust, the Trustees shall as and when necessary from time to time apply whole or part of the corpus and/or income of the Trust at their discretion for the maintenance, education, medical treatment, marriage or for any other use and enjoyment of the said Beneficiaries. Upon the expiry of this trust for whatever reason, the balance of the corpus and/or the income of the trust properties will be distributed by the trustees at their discretion, to the beneficiaries 8.            EXPENSES OF THE TRUST The Trustees shall meet, discharge and pay all outgoings and expenses of and incidental to the administration of the Trust out of the income and profits of the Trust properties and subject thereto shall hold, accumulate and / or apply the income and / or funds of the Trust for the intents and purposes herein declared and expressed of and concerning the Trust properties and funds. 9.            POWER OF TRUSTEES TO ESTABLISH BUSINESS / PARTNERSHIP The Trustees may with the use of the Trust properties and funds for and on behalf and for the benefit of the Trust carry on by themselves or in partnership with others such business in such name or names and in such manner as they in their absolute discretion may think fit and proper and may also close and restart any such business and in the conduct and management of such business the Trustees shall have powers to do all such acts, deeds and things as they may consider necessary and expedient. 10.          The Trustees may nominate any one or more of them to be a partner in such partnership business or the trustees may nominate any one among them to be a director in a company where the Trust may be competent and authorised to appoint or nominate a director on the Board, as hereinabove stated on behalf of the Trust, in such case though ostensibly such nominees may appear in such partnership as a partner in his individual name, the Trustees shall be bound to indemnify such nominee against all losses and liabilities which he / she may incur as a partner or a Director as the case may be, out of the Trust Properties.  The Trustees may meet out of the incomes of the Trust properties such losses as may be incurred in any business whether carried on by the Trust itself or in partnership with others. 11.          EXPENSES INCURRED BY TRUSTEES IN DISCHARGE OF THEIR DUTIES All expenses incurred by the Trustees personally in the discharge of their duties as Trustees shall be deemed to be expenses of the Trust and shall be treated as such for all purposes including the computations for the purposes of paying taxes, if any, by the Trust. 12.          TAXES OF THE TRUST It must be clarified that the taxes, if any, which may have to be paid by the Trust or the Trustees as the case may be shall be provided for and/or paid out of the Trust properties before the same are utilised or in any way expended on the Beneficiaries. 13.          POWERS OF THE TRUSTEESThe Trustees shall also have the following powers and authority. a)            To invest the Trust properties or the income thereof either in the purchase of or construction of immovable property or for taking on lease or licence immovable property and making construction thereon either by the Trust itself or in co-ownership or in co-partnership or in the purchase of movable properties or in shares, debentures, stocks or other securities, in accordance with any law for the time being in force regarding the powers of the Trustees to invest Trust Funds, or in deposit with any individual firm or company including those in which the Trustees or any of them may be directly interested on such terms and conditions with or without any security as the Trustees may think fit and proper. b)            To sell, alter, vary or transpose or otherwise dispose of or alienate the Trust properties or any investment representing the same, and to reinvest the same in any manner as the Trustee may, in their discretion, think fit and proper. c)            To pay all charges, impositions and other outgoings payable in respect of the Trust properties or any property comprised in the Trust and also to pay all costs of and incidental to the administration and management of the Trust properties for the time being. d)            To let out or demise any immovable property that may be comprised in the Trust properties on such terms and conditions as the Trustees may, in their discretion, think fit and proper. e)            To sell, dispose of or otherwise transfer any immovable property which may be comprised in the Trust and to invest the sale proceeds thereof in any investment as the Trustees may in their discretion think fit and proper. f)          To raise or borrow moneys required for the purpose of the said Trust with or without security or mortgage, hypothecation, charge or pledge of the Trust properties or any part thereof and at such rate of interest and on such terms and conditions as the Trustees may in their discretion think fit and proper. g)            To compromise, compound and refer to arbitration all actions, suits, proceedings and disputes touching and concerning the Trust properties or any of them. h)         To accept any gift or contribution in cash or in kind and of any property movable or immovable from any person for the objects and purposes of the Trust. i)          To receive realise and / or accept any money or other property or asset for and on behalf of the Trust and to hold the same in such form or manner as the Trustees may think fit and proper. j)          To appoint constituted attorneys or agents and to delegate to such attorney or agent/s all or any of the powers vested in them under these presents. k)         To appoint a Secretary, Clerk or Clerks or other employees to look after and manage the Trust properties or business or affairs and to allot to such Secretary, Clerk or Clerks or other employee on such terms and conditions, such duties as the Trustees may, in their discretion, think fit and proper. 14.          Without prejudice to the above and in addition thereto the Trustees shall have all such powers as may be necessary for carrying out the objects of the Trust and for performing their duties and functions under the Trust including the power to amend any of the provisions of this trust, however the trustees shall not have the power to amend, in any way, the list of beneficiaries as contained in para 5 of this Deed. 15.          Any one of the Trustees shall be entitled to open and operate savings, current, cash credit, fixed deposit or any other account with any Bank/s and shall be entitled to deposit all sums that may be received on account of and for the Trust hereof whether as gifts, contribution, interest, dividend or income or otherwise and make withdrawals therefrom and to give instructions to the Bank for transfer and / or re-transfer of any amount and /or interest from one account to the other and vice-versa. 16.          Any Trustee can, with the approval of the other Trustees, nominate or appoint Constituted Attorneys or Agents and to delegate to such Constituted Attorney or Agent all such duties and/or powers as may be necessary to implement and carry out and/or to execute documents in accordance with the decision of the Trustees and from time to time remove such attorney or agent and re-appoint other or others in his or their place. 17.          DELEGATION OF POWERS OF TRUSTEES Any Trustee may delegate in writing all or any of his/her powers and authorities to his/her other Co-Trustees who will be entitled to exercise such power or powers in the same manner as the Trustee himself or herself could have personally done. 18.          The Trustees may, by a resolution direct that any act, deed or thing required to be done or executed by them may be done or executed by any one or more of them and in such cases any act, deed or thing done or executed in pursuance of such resolution shall be valid and effectual as if it had been done or executed by all the Trustees.  Such delegation of authority may be general or special. 19.          The Trustees shall be at liberty to employ or engage solicitors, Advocates, Banker or any other agents as they, in their discretion, may think fit and proper in connection with any matter relating to the Trust or its affairs thereof and shall be entitled to pay all charges and expenses therefore out of the said Trust properties. 20.          A Trustee shall not be responsible or answerable for any loss or any act of omission or commission by any constituted attorney or agent or employee or other co-Trustee or Trustees unless occasioned by his / her willful neglect or default. 21.          ACCOUNTS OF THE TRUST The Trustees shall cause true and correct accounts to be kept of all moneys received and spent and of all matters in respect thereof in the course of management of the Trust or in relation to the carrying out of the objects and purposes of the Trust as well as of all the assets credits and effects of the Trust properties and funds.  Such accounts shall be closed on 31st day of March every year or such other date as the Trustees in their discretion may decide. 22.          DECISIONS BY TRUSTEES It will be the endeavor of the trustees to take all decisions unanimously however, In the case of any difference of opinion amongst the Trustees, in case there is more than one Trustee, the opinion of the majority shall prevail. 23.          RESIGNATION OF TRUSTEES Any of the Trustees may resign from the office of Trustee on giving one month's notice, in writing, to the other Trustee or Trustees. 24.          APPOINTMENT OF TRUSTEES The Trustees shall have the right to appoint one or more Trustee or Trustees. Notwithstanding anything contained in clause 22 hereinabove, a new Trustee shall  be appointed to the Trust only with the express consent of all the surviving Trustees. 25.          DEATH OR RESIGNATION OF TRUSTEES If any Trustee dies or resigns or becomes incapable or unfit to act, the continuing or surviving Trustee or Trustees shall be entitled to appoint a successor in place of the Trustee(s) dying or retiring or becoming incapable or unfit to act. 26.          Upon the appointment of a new Trustee or Trustees, the Trust properties shall vest in the new Trustee or Trustees jointly with the continuing or surviving Trustees with the powers, provisions and subject to the Trust hereby created. 27.          EMERGENCY POWERS Notwithstanding anything contained in this Deed, in the event of any of the  beneficiaries, requiring money in an emergency, the Trustees may in their discretion, distribute any portion of the Trust Property to the Beneficiaries, to meet any such emergencies.             IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and year first above - written. SIGNED AND DELIVERED by the Settlor at ______ in the presence of                                                                                                                                                              sd/- 1.   2.

Special Leave Petition seeking Stay Order from Operation of Impugned Judgment Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.60/) In the Supreme Court of India [Order XVI Rule 4(l)(a)] Civil Appellate Jurisdiction Petition for Special Leave to Appeal (Civil) No……...................of 2010 (under Article 136 of the Constitution of India). Between.................Position of the parties In the Mumbai.................In this Court High Court Shri.................son of..................................Respondent No. I       Petitioner AND 1. Cooperative Housing Society Ltd.       Appellant.................Respondent No. 1 of.................Mumbai 2.................Mumbai.................Respondent No. 2 Respondent No. 2 State of Maharashtra Service.................Respondent No. 3 Respondent No. 3through................. Registrar of Cooperative Societies,     Respondent No. 4 Respondent No. 4Maharashtra, Mumbai To The hostage the Chief Justice of India  and His Companion Justices of the hostage Supreme Court of India The Special Leave Petition of the Peti tioner above-named Most Respectfully Sheweth: That your petitioner desires to move the instant Special Leave petition before the hostage Supreme Court of India against the judgment and order passed by the hostage Division Bench of the hostage Mumbai High Court dated.................in FMA No.................of................. Questions of Law (a) Whether the right of the Ownership of an apartment in the multistoried building under the Maharashtra Co-operative Societies Act 1960 is heritable and transferable? (b) Whether in the event of death of a member the legal heirs of such deceased member are entitled to inherit and get allotment of the apartment which the deceased member was entitled to? (c)Whether in the event of the member dies without nominating any person to inherit the apartment interest of the deceased member for such apartment could it be inherited by all the legalheirs or by one of the legal heirs or by one of the legal heirs in the event other legal heirs give up their rights in favour of such single legal heir? (d) Whether the right and interest of the legal heirs of the deceased member could be forfeited in the event of time taken in nominating particular legal heir for the same exceeded 3 months from the date of the death of the member because of certain unavoidable circumstances as the legal heirs were not available immediately in giving their consent and giving up their rights in favour of the single legal heir in whose favour the property desired by all the legal heirs to be transferred. More so when the Co operative Society was intimated well in advance seeking extension of time in providing particular name in whose favour the property the legal heirs desired to be transferred? (e) Whether on the issue of transfer of share of the deceased member any consideration in respect of admission of a member is relevant? (f) Whether the valid membership in favour of the deceased member could be cancelled only because the name of the nominee in whose favour the property was to be transferred had taken some time for selecting such nominee by all the legal heirs? (g) Whether the Cooperative Society is competent to re-allot a valid allotment in favour of the deceased member even when all financial obligations are complied with and the allottee was not a defaulter? (h) Whether the Cooperative Society can re-allot the duly allotted apartment of a valid member in the event of death to a stranger ignoring the rights of the legal heirs of such deceased member? (i) Whether the question of re-allotment on expiry of 3 months could arise when admittedly the court was moved when allotment was made and in view of specific term of the hostage High Court dated.................by which the Society was specifically directed not to allot the earmarked apartment being Flat No. 2 and could the Society ignoring such direction reallot the flat to a stranger? 3. Declaration in terms of rule 4(2). The Petitioner states that no other petition seeking leave to appeal has been filed by him against the impugned judgment and order. 4. Declaration in terms of rule 6.  The Annexures produced alongwith the Special Leave Petition are true copies of the documents which formed part of the records of the Case in the Court below against whose order the leave to appeal is sought for in this petition. 5. Grounds (a) For that s. 87 of the Maharashtra Co-operative Societies Act 1960 (hereinafter referred to as the said Co-operative Societies Act) deals in member's right of ownership and sub-sec. 3 of the said section which makes it abundantly clear that a plot of land or a house or an apartment in a multistoried building (including the undivided interest in the common areas and facilities) shall constitute a heritable and transferable immovable property within the meaning of any law for the time being in force provided that notwithstanding anything contained in any other law for the time being in force such heritable and transferable immovable property shall not be partitioned or sub-divided for any purpose whatsoever. In terms of Maharashtra Co-operative Societies Act and Rules the heirs of a deceased person are, therefore, entitled to inherit the flat allotted to the deceased, as in the instant case. Admittedly the flat in question was allotted to the said vendor father of petitioner who died thereafter and as a consequence thereof the heirs of the said deceased became and would be entitled to succeed to the estate and as a result thereof to the said flat with proportionate interest in the land. (b) For that s. 80 of the said Co-operative Societies Act deals with disposal of the deceased member's share or interest and cl. (b) of sub-sec. (1) speaks that if there is no nominee or if the existence or residence of the nominee cannot be ascertained by the Board or if, for any other cause, the transfer cannot be made without unreasonable delay to the person who (subject to the production by such person of probate or letter of administration or succession certificate) appears to the Board to be entitled, in accordance with rules, possession of such shares or interest as part of the estate of the deceased members, or sub-sec, (c) on the application of the person referred to in cl. (6) within 3 months from the date of death of member to such person as may be specified in the application, which clearly indicate that while disposing of deceased member's share or interest the preferential claim always goes to the heirs and legal representatives of the deceased member in absence of any nominee. (c)For that s. 82 of the said Co-operative Societies Act is very specific that notwithstanding anything contained elsewhere in the Act or any other law for the time being in force when the membership of a member of a Co-operative Society referred to in cl. (a) terminates by reason of death or any other cause his possession of, or interest in land held by him under Co-operative Society shall vest in his heirs or in the person,, if any, nominated by him under s. 79, if such heir is willing to be admitted as a member of the Co-operative Society. (d) For that on a careful reading of the said cl. (c)of s. 80 of the said Co-operative Societies Act, it is clear that on the death of the member of the Co-operative Society his share or interest in the Co-operative Society shall be transferred on the application of the person referred to in cl. (b) within three months from the date of death of the member to such person as may be specified in the application. Therefore transfer of share or interest can be made only by a Co-operative Society. It is an obligation of the Society to transfer the share or interest of the deceased member within the stipulated period referred to in s. 80 of the Act. (e) For that while disposing of the appeal the hostage Court of Appeal below gave much stress on sub-sec. (3) of s. 85 of the said Act as also sub-rule (5) of rule 135 taking the present case to be a case for admission of membership which is not in the present case. In the instant case the question of admission of membership becomes absolutely immaterial, the real question is of transfer or devolution of interest of a deceased member. The applicant/ petitioner herein being one of the heirs of a deceased member was and still is entitled to succeed to the estate of the deceased member as per the mandatory provision of the statutes and that being so the right, title and interest of the deceased member in the apartment of the Co-operative Society devolves upon the heirs and in that background the aforesaid s. 85(3) and rules 135(5) neither have nor can have any application in the instant case because there cannot be any manner of doubt that on the death of a member of a Co-operative Society his share of interest in the Co-operative Society shall in the absence of a nominee be transferred to a person who appears to the Board to be entitled to in accordance with rules, possession of such interest as part of the estate of the deceased member and herein in the instant case the son who himself is admittedly not a member of the society in question or any other housing society became entitled to be considered for such allotment immediately he gave notice to the appropriate authority which too long before the alleged re-allotment was said to have been made. (f) For that it was not only improper but also highly illegal, arbitrary, motivated and unconstitutional for the Special Officer to re-allot the flat to a stranger even after he had received letter regarding transfer of ownership in favour of legal heirs in long before such alleged re-allotment, claimed to have been made in.................i.e. more than 16 months from receipt thereof, without giving any opportunity of being heard and without deciding the question as to who was entitled to the said flat in accordance with law. (g) For that on proper construction of the statute that a member of a Co-operative Society shall cease to be such member if he dies and upon his death his share or interest, in absence of any nomination to that effect, may be transferred by the Board of the Society in favour of any person who presents in writing his or her claim for the said share or interest and in this background the alleged re-allotment of the apartment of the deceased member to a stranger not being the legal heirs of the deceased member is without jurisdiction, unconstitutional, and not maintainable in law and as such is liable to be set aside due to the reason that the Special Officer in the instant case had taken the decision to re-allot the said apartment without considering the case of the legal heirs of the deceased member and without giving them any opportunity of hearing which decision manifestly appears to be contrary to the principle of natural justice. (f) For that the hostage Division Bench was wrong in dismissing the writ application holding infer alia that the petitioner thus having failed to show that any of the mandatory provisions of statute has been violated by the appellant society, the writ petition was not maintainable because the ground taken hereinabove show that most of the mandatory provisions of the statute had been violated by the said society and as such in that view of the matter the impugned judgement deserved to be set aside. (g)For that the learned court below erred in law in dismissing the writ petition holding inter alia. In fact, the writ petition ought to have been dismissed also on the ground that the special officer rightly or wrongly had re-allotted the flat as far back as in the year.................in favour of a 3rd party. By reason of allowing the writ petition the right of the 3rd party would be affected but despite the same he had not been impleaded as a party therein.  In this view of the matter also the writ petition was not maintainable for non-impleading a necessary party. It is not a case where the question of ownership was required to be considered vis-a-vis the right of a 3rd party without considering that on the date of filing of the said writ petition i.e.................the writ petitioner was not aware of allotment of the flat in question to any 3rd party not a heir of the deceased member. The society revealed for the first time in their letter dated.................that they would submit to the Division Bench of their Lordships the hostage Mr. Justice ................. and the hostage Mr. Justice ................. (as their Lordships then were), a proposal for allotment of flat No. 2 that is the flat already allotted to late vendor on .................to Mr. Z. This letter was written to.................on .................a respondent in FMA No.................Moreover by their order dated ................. Their Lordships gave the Special Officer of the Society liberty to deliver all other flats on the terms and conditions except the said flat No. 2. Therefore, the dismissal of the writ petition by the Division Bench on the ground of non-impleading the said allotee in the writ petition could not be held to be justified or made in accordance with law. 6. Ground for interim relief (i) That the respondent No. 1 Society has informed that the allotment in favour of the deceased allottee stood cancelled because no appropriate person could be named as the legal heir of the deceased allottee in whose favour the respondent No. 1 Society was to make the allotment and as such the Society has been threatening of re-allotting flat No. 2 of the deceased allottee to a stranger ignoring the rights of the legal heirs. The petitioner understands till date no such allotment has been made and even if the some steps have been taken by the Society it will be wholly against the direction given by the Mumbai High Court as early as on ................. by which the society was specifically directed not to allot the earmarked apartment No. 2 to any stranger and in such a position it is extremely essential for your petitioner to obtain appropriate order from this hostage Court restraining the respondent No. 1 to make such irregular and illegal allotment. (ii) Your petitioner submits that not only by the impugned judgement and order dated……………passed in FMA No…………..the fundamental right of the heirs and legal representatives of the vendor since deceased, the erstwhile owner in respect of the flat No. 2 in the 5th floor of premises No.................has been seriously prejudiced but also there has been grave miscarriage of justice because of the fact that the said right to property is right in rem as guaranteed under the Constitution of India and the said right to property has been denied by the impugned judgement for which the petitioner has been constrained to prefer the instant Special Leave Petition and petitioner prays that the Society respondent No. 1 should be restrained from taking any steps to real lot the earmarked apartment till the disposal of the petitioner's present appeal otherwise the petitioner will suffer irreparable loss and injury. 7. Main Prayers.   Under the circumstances stated hereinabove your petitioner most humbly and respectfully prays that Your Lordships would graciously be pleased to grant Special Leave to your petitioner to Appeal under Art. 136 of the Constitution of India against the judgement and order passed by the hostage Division Bench of Mumbai High Court in FMA No.................of.................and/or to pass such other or further orders as to this hostage Court may deem fit and proper. 8. Interim Relief (a) Under the circumstances set forth above, it is therefore prayed that Your Lordships may graciously be pleased to pass an order staying operation of the impugned judgement and order dated.................in FMA No.................thereby restraining the Co-operative Housing Society Ltd., respondent No. 1 herein, from making allotment of the Flat No. 2 to any stranger till the disposal of the petitioner's present appeal before this hostage Court. (b) pass such other order or orders as Your Lordships may deem fit and proper. And for this your petitioner shall ever pray. Drawn by…………………………………………………….................Filed by Advocate for the Petitioner Requisite Certificate Certified that the Special Leave Petition is confined only to the pleadings before the court whose order is challenged and the other documents relied upon in those proceedings. No additional facts, documents, or grounds have been taken therein or relied upon in the Special Leave Petition. It is further certified that the true copies of the documents have been annexured and/or attached to the Special Leave Petition for consideration of this Hon'ble Court. This certificate is given on the basis of the instructions given by the petitioner whose affidavit is filed in support of the Special Leave Petition. Filed byFiled on:..................................Advocate for the Petitioner In the Supreme Court of India Civil Appellate Jurisdiction Special Leave Petition (Civil) No.................of 2010 Sri.................son of.................  Petitioner .................Co-operative Housing Society Ltd.................   Respondents & Ors. AFFIDAVIT I, Sri.................son of.................aged about………….years residing at.................presently in New Delhi do hereby solemnly affirm and say as follows: That I am the petitioner in the present Special Leave Petition and am fully conversant with the facts and circumstances of the present case and am fully competent to swear the present affidavit. That the facts stated in the Synopsis, List of Dates and the petition for Special Leave are all true to my knowledge and the rest are all submissions before the Hon'ble Supreme Court of India. That the Annexures filed with the Special Leave Petition are all true copies of their Originals and the same formed part of the records in the court below. That the contents of this affidavit are true to my knowledge. Deponent Verified at Mumbai, this the.................day of.................2010

Memorandum of Civil Miscellaneous Petition (Under Section 151 of C.P.C) IN THE HIGH COURT OF JUDICATURE OF …………… AT ……………….. C.M.P. No……… of 20 …… in S.A.No ………… of 20 …….. Between : Name and particulars to be furnished                   ……Petitioner/Appellant And State rep., by Station House Officer, Police Station                                                     …..Respondent/Respondents (The other Respondents in the above Second Appeal are not necessary parties to this petition) For the reasons and in the circumstances stated in the accompanying affidavit, the petitioner herein prays in the interests of justice, that this Hon’ble Court may be pleased to stay the execution of the decree made in A.S.No . ….. of ……… on the file of the district Judge, dt. ………. partly allowing the Appeal for an extent of Ac……. cents, reversing part of the Decree and Judgment made in O.S.No . …… of 20…… on the file of the Court of the District Munsif, ……….. dt………, pending the disposal of the above Second Appeal, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Place : Dated : Advocate for petitioner. * Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Application for Bail before High Court under section 439, Cr PC In the High Court at Mumbai (Criminal Miscellaneous Jurisdiction) In the matter of: An application for bail under section 439, Cr PC  And  In the matter of: AB ………………      Petitioner (in Jail Custody) versus The State of West Bengal …………     Respondent To The Hon’ble Mr. …………………… Chief Justice and his companion Justices of the said Hon’ble Court The humble petition of AB the petitioner above-named MOST RESPECTFULLY SHEWETH: 1…...The petitioner is a respectable person having his own business. He is an income-tax payer. 2………….Shri CM being the de facto  complainant in order to harass and humiliate the petitioner has engineered a false case against the petitioner because of business rivalry and got him arrested by the police.  3……..The evidence collected during investigation so far against the petitioner is very meagre.  4………The petitioner applied for bail before the Sub-divisional Judicial Magistrate ……… on 2nd May 2010 but his bail was refused.  5……….That the petitioner then applied for bail before the Sessions Judge, Alipore in Criminal Misc. Case No. …… of …… on ……………… but the Sessions Judge has also refused bail.  6……….The petitioner is in custody over a month and the police  duly interrogated him during the police custody and his further detention in custody is not necessary for the purpose of investigation of the case.  7……..That the petitioner has his permanent residence at ………………, and carries on business and he has no chance of absconding.  8…………The petitioner undertakes to abide by the terms and conditions that may be imposed upon him by the Hon’ble High Court and shall attend the Court of the Learned Magistrate as and when required.  9…………That the petition is bona fide  and made in the interest of justice. In the circumstances the petitioner humbly prays Your Lordships may be graciously pleased to direct the release of the petitioner on bail or pass such other order as Your Lordships may deem fit and proper. And your petitioner as in duty bound shall ever pray. Advocate of AB                   Sd. AB Verification I, AB, son of MN, by occupation business, resident of ………………… at preset in Alipore Jail custody do hereby solemnly affirm and say as follows: 1……..I am the petitioner above-named and I know the facts and circumstances of this case. 2……..The statements in paragraphs 1 to 9 of the foregoing petition are true to my knowledge and belief.  3……….I sign this verification on ……………………. Solemnly affirmed by the said AB on…………………… at the Court House in  Before me Commissioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Petition for Extension of Succession Certificate                                                        The applicant above-named states as follows: 1. That CH of etc., hereinafter referred to as the said deceased died at etc., intestate on the…….day of…….2010. 2. That the fixed place of residence of the said deceased at the time of his death was at etc. within the jurisdiction of this court, where he has left also some property. 3. That the said deceased was governed by the Hindu Succession Act (or Indian Succession Act) and the applicant, being his legal heir under the said law, was entitled to the grant of succession certificate already granted and so is entitled to the extension thereof hereunder prayed for. 4. That the said deceased left heirs surviving at the time of his death only the following relatives: (a)CD, son of etc., of etc. (b)EF, son of etc., of etc.-Address and age. 5. That the said deceased left no will and no application has been made to any court for the grant of probate or any letters of administration with a copy annexed thereto and there is no impediment to the grant of extension of certificate. 6. That the applicant obtained on the……….day of…………….a succession certificate from this court in respect of some of the debts and securities of the said deceased. A copy of the said certificate is hereunto annexed and marked A. 7. That the applicant on the…….day of………….came to know that the said deceased also left behind several other debts and securities mentioned in Schedule hereunder. 8. The applicant, therefore, prays that this court may be pleased to grant him an extended certificate for collection of the debts and securities with interest thereon mentioned in Schedule hereunder on payment of additional duty, if necessary. THE SCHEDULE Verification I,……………….residing at…………….being the………………….of the above-named……………………….do hereby declare and say that the statements contained in paragraphs 1 to 7 of the above petition and also the particulars contained in Annexure "A" and the Schedule including all figures 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/-)

Application for Anticipatory Bail before High Court In the High Court at Allahabad (Criminal Miscellaneous Jurisdiction) In the matter of an Application for anticipatory bail under section 439, Cr PC AB son of MN residing at …………………, …………………………. Petitioner versus  The State ……………… Respondent To  The Hon’ble Mr. ……...……………………Chief Justice and His Companion Justices of the said Hon’ble Court The humble petition of AB, the petitioner above-named MOST RESPECTFULLY SHEWETH: 1…….That the petitioner is a reputed businessman having a long-standing business in Mumbai and is an income-tax and sales-tax assessee. 2……..That the petitioner has his permanent residence in Mumbai. 3…….That due to business rivalry, his business rival, Z Co. Ltd., lodged a false complaint against the petitioner before the police alleging cheating and forgery. 4………That the intention of the de facto complaint is only to harass and humiliate the applicant and to tarnish his clean image in business circle. 5……..Your petitioner apprehends that pursuant to the said complaint the police may arrest your petitioner and thereby put the petitioner to harassment and mental agony and physical inconvenience. 6………That the petitioner undertakes to abide by all the terms and conditions that may be imposed upon him in the order of bail. 7…………That if the anticipatory bail is not granted the petitioner shall suffer irreparable injury. 8…………..That the application is made bona fide and in the interest of justice. In the circumstances the petitioner humbly prays that Your Lordships may be graciously pleased to direct that in the event of the petitioner being arrested in connection of this case the petitioner will be released on bail forthwith and/or may pass such other order or orders as Your Lordships may deem fit and proper.  And your petitioner as in duty bound, shall ever pray. Advocate of AB Sd. AB Verification I ……………………, AB ………………………, son of MN………………, by occupation business, residing at …………………, Mumbai ……………… do hereby solemnly affirm and say as follows: 1……..I am the petitioner above-named. I know the facts of this case and I am able to depose thereto.  2…….The statements in paragraphs 1 to 8 in the foregoing petition are true to my knowledge and belief.  3…….I sign this verification on the 11th day of June 2010 in Mumbai.  Solemnly affirmed by the said AB on 11th day of June 2010 in the Court House at Mumbai. Before me Sd. AB Commissioner Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Petition for Bail under section 439, Cr PC before Sessions Judge In the Court of the Sessions Judge at Alipore Case No. 10 of 2009 pending in the Court of the Sub-divisional Magistrate of Alipore The State  ……………… versus Accused AB son of GH, Village: ………… Thana: …………… In the matter of an application of AB the accused for bail The humble petition of AB the accused above-named MOST RESPECTFULLY SHEWETH: 1. That it was alleged that there was a burglary in the house of ZEE on the night of 3rd May 2010 and your petitioner was arrested by the police some two weeks afterwards on 18th May 2010 at his house. The charge-sheet was submitted on 16th June 2010. Your petitioner’s prayer for bail was rejected by Mr. JM, Sub-divisional Judicial Magistrate at ………… on 10th July 2010. Being aggrieved by the order of the Learned Magistrate refusing to grant bail to your petitioner, he begs to move your Honour for bail on the following amongst other grounds.  Grounds a) That the name of your petitioner does not appear in the First Information Report.  b) That no incriminating article was found in the house of your petitioner on a search by the police, and that he was arrested on mere suspicion and that your petitioner is perfectly innocent of the charge.  c) That no inmate of the house of ZEE identified your petitioner in the identification parade held inside the Alipore Jail by Mr. M, a Second Class Magistrate.  d) That the accused has a Ration Shop at …………………… and that he resides there with his wife and children.  2. Your petitioner states that there is no possibility of your petitioner escaping or absconding during trial or otherwise. 3. Your petitioner has a good defence and the prosecution case is based on false allegations. 4. That your petitioner is willing to furnish proper security for appearance in the court to take his trial. 5. In view of the aforesaid your petitioner states that the bail be granted to your petitioner as prayed for herein in the interest of justice. Your petitioner therefore prays that Your Honour may be pleased to call for the records and issue notice to the Public Prosecutor and on hearing the parties be graciously pleased to pass an order directing release of your petitioner on bail.  And your petitioner, as in duty bound, shall ever pray.  Dated …………………                               Signature Advocate Verification I, AB, son of GH, by occupation business, residing at …………………… ……, do hereby solemnly affirm and say as follows: I am the accused petitioner above-named and I know the facts and circumstances of this case. The statements in paragraphs 1 to 5 in the above petition are true to my knowledge and belief.  I sign this verification on this 4th day of August 2010 at the Court House at Alipore.  Solemnly affirmed by the said AB  on  this  4th  August 2010  at  the  Court House at ………. AB Before me Notary/Magistrate. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

Bail Petition before a Magistrate during Police Enquiry under s. 437, Cr PC In the Court of …………… Magistrate  ……… The State ………………… versus Accused AB son of TZ, Village: …………… Thane: ……… In the matter of petition for bail of accused AB, during police enquiry The humble petition of AB the accused above-named MOST RESPECTFULLY SHEWETH: 1……..That your petitioner was arrested by the police on 5th March 2000 on mere suspicion. That nearly a month has passed after the arrest but still the Investigating Police Officer has not submitted a charge-sheet. 2……..That your petitioner was not identified by any inmate of the house of CM where the burglary is alleged to have taken place, nor any incriminating article was found in his house.  3……..That your petitioner has reason to believe that one GS with whom your petitioner is on bad terms and who is looking after the case for the complainant has falsely implicated your petitioner in the case out of grudge. 4……..That your petitioner shall fully co-operate with the police.  5………That your petitioner is not likely to abscond or leave the country.  Your petitioner prays that your Honour may be pleased to call for police papers and after perusing the same be pleased to direct the release of your petitioner on bail. And your petitioner, as in duty bound, shall ever pray. Advocate AB Verification I, AB, son of TZ, residing at ……………, by occupation business, do hereby solemnly affirm and say as follows: 1………..I am the petitioner above-named. I know and I have made myself acquainted with the facts and circumstances of the case and I am able to depose thereto.  2………….The statements in paragraphs 1 to 5 of the foregoing petition are true and correct to my knowledge and belief.  3……….I sign this verification on the 6th day of May 1999.  Solemnly affirmed by the said AB on 6th May 2000 at the Court  House at ……………………. AB Before me Notary/Magistrate. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

Sample Form In the High Court of Judicature at………….. Name and Address:………………………………………… Petitioner, Versus (1) President of Tribunal constituted under ……………} Act, (add address)                    } (2) Name/Add…………………………….                    }           Respondents. (3) ……… Improvement Trust (address)                       } (4) Land Acquisition Officer……….                              } Petition under Art. 226 of the Constitution of India for issue of a writ of certiorari to quash the order of respondent No. 1, dated…………. in Case No.. …….. of ………. The petitioner abovenamed states as under : 1. That the petitioner is the grandson of Shri ……………………of ………….., and respondent No. 2 is the paternal uncle of the petitioner and is the son of Shri …………………….. aforesaid. 2. That Shri ………………………….. owned a house bearing Municipal No…….. in ward No…….. in the city of …….. as his self-acquired property. In the eastern half of the said house the respondent No. 2 was residing as a licensee at all material time since……. upto the death of Shri …………. on ………… 3. That Shri …………… above named duly executed a will, dated…….. which was his last will and testament whereby he bequeathed the whole house to the petitioner as the absolute owner thereof and deprived the respondent No. 2 as having any interest therein. 4. That respondent No. 2 has been setting up a claim of adverse possession in respect of the said eastern half of the said house. 5. That on ………… respondent No. 3 initiated the proceedings for compulsory acquisition of the said house. 6. That respondent No. 4 assessed the compensation payable in respect of the acquisition of the said house at Rs. ……… under his award, dated………. in case No…….. of ……. 7. That the petitioner claimed to be entitled to the whole of the said compensation, while respondent No. 2 claimed to be entitled to a moiety of the compensation assessed for the whole house by virtue of his alleged adverse possession. 8. That the matter was referred to the respondent No. 1 as President of the Tribunal constituted under the Act………. of …….. to decide the aforesaid rival claims. 9. That the first respondent held in case No. ………. of ……… (i) that the house was the self-acquired property of Shri …………… above named, which he had power to dispose of by will, (ii) that Shri …………… disposed it of by his will, dated…….. duly executed, (iii) that the 2nd respondent was originally a licensee in possession of the eastern half of the said house but was claiming adversely to the knowledge of Shri………… during his lifetime, (iv) that the adverse possession of the 2nd respondent had ripened into absolute ownership before respondent No. 3 took over possession of the said house. A true copy of the said order is filed herewith. 1. That the first respondent accordingly held that respondent No. 2 was entitled to a moiety of the compensation awarded by the 4th respondent. 2. That being aggrieved by the order of the 1st respondent, dated………. aforementioned, the petitioner approaches this Hon'ble Court for issue of  a writ of certiorari to call for and quash the said order, dated………. passed in case No…….. of …… on the following among other Grounds (i) That there is an error apparent on the face of the record of respondent No. 1 inasmuch as on the finding of respondent No. 1, the possession of respondent No. 2 of the eastern portion of the house commenced as a licensee : that Shri ……….. had not done anything to terminate the licence, nor the licence had been determined in any other manner. That being so, the licensee who secured possession by leave could not, in law, be permitted to alter the character of such possession by his own assertions and claim to hold the land adversely to the licensor with a view to benefiting himself by recourse to the Limitation Act. (ii) There could not, at any rate, be adverse possession till Shri ………… died on……. and the subsequent possession till the date of the award could not ripen into ownership. (iii) That in competition with true ownership, the possession of the 2nd respondent even if adverse on the date of the reference could not, before it ripened into title, be considered as an interest to be compensated under the Land Acquisition Act. (iv) For respondent No. 1 to have proceeded on the view that adverse possession commenced prior to the death of Shri …………… was to commit a palpable error of law which is patent in the order of respondent No. 1 without the necessity to review or reweigh the evidence. 3. It is, therefore, prayed that the order, dated………… passed by respondent No. 1 in case No………. of……….. be called for and quashed and such other order or direction as the Hon'ble Court may think appropriate and necessary in the circumstances of the case, be passed or given. N.B. - An affidavit in support of the petition is also filed herewith. Dated ……………….. (Sd.) Petitioner. (Sd.) Advocate for the Petitioner. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Petition for leave under Order II, Rule 2 of the C.P.C IN THE BOMBAY CITY CIVIL COURT AT BOMBAY PETITION NO. ……………… OF 2010 In the matter of Suit wherein the Petitioners are the Plaintiffs and ………………………. is the Defendant; A n d In the matter of leave under Order 2, Rule 2 of Civil Procedure Code, 1908 to omit to sue; 1. ……………………………. ) 2. ……………………………. ) 3. …………………………… ) all of Mumbai, Indian Inhabitants, ) residing at ) )    … PETITIONERS TO: THE HON’BLE PRINCIPLE JUDGE AND OTHER  PUISNE JUDGES OF THIS HON’BLE  BOMBAY CITY CIVIL COURT AT BOMBAY THE HUMBLE PETITION OF THE  PETITIONERS ABOVENAMED. MOST RESPECTFULLY SHEWETH : 1. The Petitioners have filed the above Suit against the Defendant No. 1 and 2 inter alia for an order of Perpetual Injunction from in way trespassing upon and/or bringing any vehicles on any portion of the suit property or using and/or allowing use of the suit property described in Exhibit “A” to the plaint or any part thereof in any manner whatsoever and/or doing any construction work upon the property bearing C.S.No .………… of ………………….. Division. 2. The Petitioners are also entitled to file a suit against the Defendant for claiming damages in respect of the loss caused to the Plaintiffs by the fraud played upon by the Defendant No. 1’s and 2’s upon the Plaintiffs and the Defendant No.3. The Petitioners therefore crave leave of this Hon’ble Court under Order 2, Rule 2 of the Code of Civil Procedure, 1908, to omit to sue the Defendant No. 1 and 2 in respect of the Plaintiffs claim for damages other claims in respect of the cause of action. 3. The Petitioners therefore pray that - (a) leave under Order II, Rule 2 of the Code of Civil Procedure 1908 be granted to the Petitioners to omit to sue the Defendants and the Plaintiffs be allowed to file separate suit or proceedings in respect of other reliefs flowing from the same cause of action as set out in paragraph No. __ of the Plaint. (b) That the costs of this Petition and Order to be made thereon be provided for. For …………………………………………….       Advocates for the Petitioners.        PETITIONERS VERIFICATION I, ……………………… of Mumbai, Indian Inhabitant, the Plaintiffs No.1 above named, having my office at …………………………….., do hereby solemnly declare that what is stated in paragraph 1 of the Petition is true to my own knowledge and what is stated in paragraph Nos.2 and 3 is on information and belief and I believe the same to be true. Solemnly declared at Bombay ] This ……… day of March, 2010 ] Before me,       Advocates for the Petitioners. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) Download PDF Document In Marathi. (Rs.30/-)