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SUIT FOR SPECIFIC PERFORMANCE  IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19..................... the plaintiff and the defendant entered into an agreement, in writing, and the original document is hereto annexed. The defendant was absolutely entitled to the immovable property described in the agreement. 2. On the.................... day of.................... 19..................... the plaintiff tendered.................... rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument. 3. On the.................... day of.................... 19..................... the plaintiff again demanded such transfer, (or the defendant refused to transfer the same to the plaintiff). 4. The defendant has not executed any instrument of transfer. 5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant. 6. Cause of action arose on.................... 19.................... when the defendant refused to transfer the property to the plaintiff, and this Court has jurisdiction to try the suit. 7. The suit is valued at Rs..................... the agreed consideration of the transfer aforesaid.  RELIEFS CLAIMED: The plaintiff claims: (1) that the defendant to transfer the said property to the plaintiff by a sufficient instrument (following the terms of the agreement); (2) .................... rupees compensation for withholding the same. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.10/-) Download PDF Document In Hindi. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

SUIT FOR SPECIFIC PERFORMANCE TO SELL GOODS AGREED TO BE SOLD IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the defendant agreed on.................... 19.................... through a written agreement, to sell his manuscript written by him on.................... for Rs. .................... (.................... ) on tendering the said amount by the plaintiff through a bank draft. 2. That the plaintiff sent a Bank draft of Rs..................... drawn on .................... Bank.................... to the defendant with instructions to send the manuscript by registered post, under registered cover, which was received by the defendant on.................... 19.................... 3. That the defendant has not sent the manuscript as promised but has returned the bank draft sent by the plaintiff to him. 4. That the manuscript abovementioned is a scarce article, and the plaintiff has already spent Rs..................... on its advertisement before publication and has received.................... orders with advance money paid therefor, and if the manuscript is not delivered to the plaintiff the plaintiff would suffer a loss of Rs..................... in business besides the loss of the rare article aforesaid. 5. That cause of action arose on.................... 19.................... when the plaintiff received back his bank draft aforesaid and the manuscript of the book was not sent to him by the defendant, and this Court has jurisdiction to decide the matter. 6. That the suit is valued at Rs..................... the price of the manuscript and court-fee is paid according to the reliefs claimed. RELIEF CLAIMED: The plaintiff claims the following reliefs: — (1) a mandatory injunction to the defendant may be issued to deliver the manuscript on the aforesaid subject to the plaintiff; for the consideration aforesaid to be received. (2) payment of Rs..................... as damages for the undue delay being caused in the delivery of the manuscript aforesaid. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby’ verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Plaintiff’s suit for specific performance should not have been dismissed by Courts below on ground of want of title but in the facts of the case plaintiff can be compensated only by a decree of compensation in lieu of specific performance.1 Executing Court has power to direct delivery of possession of property to decree holder even if decree for specific performance of contract is silent on that point.2 If reading of plaint and conduct of the plaintiff leads to an inference that he was ready and willing to perform his part of contract then Court can take into consideration of such conduct with regard to readiness and willingness on part of plaintiff.3 The plea as to ready and willing to perform his part of the contract is not available to a subsequent purchaser.4 1. V. Muthusami v. Angammal, 2002 (1) CCC 227 (SC). 2. Mohd. Yakub s/o Mohd. Ishaq v. Abdul Rauf s/o Abdul Kareem, 2002 (2) CCC 216 (M. P.). 3. V. Udaya Kumar v. L. Navaneethammal, 2002 (2) CCC 173 (Mad. ). 4. Baldev Singh v. Chhota Singh, AIR 2002 P&H 47. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On.................... 19.................... C. F. Defendant through an agreement to sell his.................... bighas of Bhumidhari land, situate in village.................... of tahsil.................... of District.................... detailed in the schedule hereto annexed agreed to sell the land aforesaid to the plaintiff for Rs..................... /- (Rs. ........................................ ), within six months from the date of the agreement aforesaid after taking permission from the Collector of the District, as the defendant belongs to the Schedule Castes. 2. The agreement aforesaid was got registered before the Sub-Registrar .................... of District.................... and Rs..................... were paid as earnest money and possession of the land was given to the plaintiff. 3. The plaintiff has been requesting the defendant to obtain the permission from the Collector and to execute the sale deed for consideration as aforesaid. 4. That when the period of six months aforesaid was about to expire, the plaintiff intimated the defendant through a registered notice dated.................... 19.................... received by the defendant on.................... to execute the sale deed after obtaining the required permission of the Collector of the District, but the defendant did not do the same. 5. Cause of action arose within the jurisdiction of this Court on.................... 19.................... after the expiry of six months from the date of agreement aforesaid, when the defendant received the notice of the plaintiff and thereafter the plaintiff neither replied to the notice of the plaintiff, nor complied with the terms thereof. 6. The valuation of the suit is Rs..................... and for the purpose of court fee is Rs..................... the one fifth amount of the valuation in case of seeking an injunction, and court fee thereon is paid. 7. The balance of convenience is in favour of the plaintiff and it is expedient that a mandatory injunction may be issued to the defendant to execute the sale deed as agreed. RELIEF CLAIMED: The relief claimed by way of this suit is: The defendant be directed by issuing a mandatory injunction to execute the sale deed as agreed in favour of the plaintiff. Plaintiff  Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

SUIT FOR REINSTATEMENT BY SPECIFIC PERFORMANCE AND ARREARS OF BACK WAGES (OR SALARY) Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19.................... the plaintiff and the defendant mutually agreed that the plaintiff should serve the defendant as (an accountant, or in the capacity of foreman, or as the case may be), and that the defendant should employ the plaintiff-as such for term of one year and pay him for his service,.................... rupees (monthly). 2. On the.................... day of.................... 19..................... the plaintiff entered upon the service of the defendant in such services and has ever since been, and still is, ready and willing to continue in such services during the remainder of the said year whereof the defendant always has had notice. 3. On.................... day of.................... 19..................... the defendant wrongfully discharged the plaintiff and refused to permit him to serve as aforesaid, or to pay him for his services. 4. The cause of action arose within the jurisdiction of this Court when the defendant discharged the plaintiff on.................... 19.................... without payment of his back wages earned and due. 5. The valuation of the suit for the purposes of jurisdiction is.................... rupees, and for the purposes of court fee on the relief of injunction is.................... rupees, and Court fees is paid on both reliefs. 6. The balance of convenience is in favour of the plaintiff employee, and it is expedient that the plaintiff be reinstated in service of the defendant and his back wages and wages pendente lite be ordered to be paid to the plaintiff Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff CASE LAW Where a suit for specific performance coupled with prayer for possession filed against a person who was not a party to the contract that is, stranger the suit would not be maintainable as specific performance could not be claimed against such person.1 The court can go behind the plaint to find out the real nature of the relief claimed by the plaintiff and the liability to pay the court fee cannot be avoided by any device of disguising the real relief.2 Section 16(c) of the Specific Relief Act makes it obligatory for the plaintiff to aver in the plaint and also to prove that he has performed or has always been needy to perform the essential terms of the contract which are to be performed by him.3 DECREE FOR SPECIFIC PERFORMANCE. In a decree for specific performance grant of extension of time for deposit of consideration amount by court is not automatic or perfunctory & discretion is to be exercised when decree-holder has made out a sufficient cause.4 SUIT FOR SPECIFIC PERFORMANCE (S. 10) Suit for specific performance of contract by way of registration of sale deed is maintainable not-with-standing alternative remedy under section 77 of Registration Act to obtain registration of executed document.5 PERSONAL BARS TO RELIEF (SECTION 16 OF SPECIFIC RELIEF ACT) Specific performance may not be granted to plaintiff who fails to appear and to prove readiness and willingness to perform his part of agreement.6 SUIT FOR SPECIFIC PERFORMANCE Under Section 19(b) of Specific Relief Act, onus is on subsequent purchaser to prove that he was bona fide purchaser without notice of original contract.7 IN THE COURT OF.................... Civil Suit No.................... of 200 In the Matter of: - XYZ & ABC.................................................... Plaintiff versus  CDF & BCD................................................. Defendant SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT TO SELL IMMOVABLE PROPERTY INCLUDING TRANSFER OF ACTUAL VACANT PHYSICAL POSSESSION THEREOF IN FAVOUR OF PLAINTIFFS AND FOR COMPENSATION IN ADDITION THERETO AND FOR DECLARATION. Most Respectfully Showeth: 1. That the defendant No. 1 is a company having its registered office at................................... developing and constructing residential and commercial complex known as.......................................... 2. That the property in question in this suit is the shop No................................ situated at........................................ measuring approximately................................. having been developed/constructed by defendant No. 1 and the said shop is facing the Main Road and the same is shown in.............................. in site plan annexed herewith. 3. (State facts chronologically) 4. That the cause of action arose to the plaintiff against defendant No. 1 on............................ The cause of action arose to the plaintiffs against both defendants on............................................................. The cause of action is continuing to arise from day to day and arises even on the date of this suit in favour of the plaintiffs and against the defendants. 5. That the shop in question in this suit is situated at.......................... within the local limits of the jurisdiction of this Hon’ble Court and the cause of action for the present suit has arisen within the jurisdiction of this Hon’ble Court and the defendant No. 1 has its site office also at................................... within the jurisdiction of this Hon’ble Court. This Hon’ble Court has the jurisdiction to try and decide the present suit.  6. That for the purposes of the court fee and jurisdiction the relief of specific performance of the contract for sale of the shop in question including actual vacant physical possession thereof is valued at Rs.............................................. on which ad-valoram court fee of Rs.................................. is affixed. PRAYER The plaintiffs, therefore, most humbly and respectfully pray before this Hon’ble Court as follows: - (i) This Hon’ble Court may kindly be pleased in the interest of justice, to pass the decree/order directing both the defendants specifically to perform the whole of the contract mentioned in details in para..................... of this plaint, and to do and execute all acts, things and deeds which are necessary to put the plaintiffs in full vacant physical possession of the shop agreed to be sold to the plaintiffs, viz....................................................................... ................................................. and to deliver the vacant physical possession of the said shop to the plaintiffs, and to execute and get Registered the sale-deed in respect of the said shop in favour of the plaintiffs (directing the defendant No. 2 to join the defendant No. 1 in the execution and registration of the sale-deed/conveyance so as to pass on the title which resides in the defendant No. 2 to the plaintiffs), and to complete in all respects, the sale and delivery of the vacant physical possession of the said shop in favour of the plaintiffs. (ii) This Hon’ble Court may kindly be pleased in the interest of justice, to pass the Decree of Declaration declaring that the subsequent sale and transfer of possession of the shop in question............................................................ by the defendant No. 1 in favour of the defendant No. 2 are not binding upon the plaintiffs and are invalid so far as the plaintiffs are concerned, and further declaring that none of the receipts, letters, documents, deeds, sale-deeds etc. whatsoever, issued/written/executed registered (including the sale-deed executed/registered on...................... in favour of the defendant No. 2 in respect of the shop in question.................................................... is not at all binding upon the plaintiffs and all the said receipts, letters, documents, deeds, sale-deeds (including the sale-deed) executed/registered on................................. are invalid in so far as the plaintiffs are concerned. (iii) The plaintiffs also pray that in addition to the grant of the decree of specific performance of the contract including physical possession as prayed in the prayer clause (i) above, this Hon’ble Court may also kindly be pleased in the interest of satisfying the justice of this case, to award the additional compensation of Rs................................ (Rupees........................................................ only) as detailed in para ..................... above in favour of the plaintiffs against the defendant No. 1. (iv) The plaintiffs also pray that the additional compensation at rate of Rs.................. (Rupees............................................... only) per month as detailed in para No......................... above be also awarded in favour of the plaintiffs against the defendant No. 1 for the period of pendency of the suit. (v) The plaintiffs also pray that in the case their main claim for the main relief of specific performance including physical possession is refused, in that event this Hon’ble Court may kindly be pleased in the interest of justice to decree their alternative claim in favour of the plaintiffs and against the defendant No. 1, for the amount of Rs................... (Rupees.................................................................. only) together with the amount of interest thereupon at the rate of........... percent per annum for the period of pendency of the suit, reserving at the same time, the right of the plaintiffs to avail of all the legal remedies against the order of the refusal of their main relief of specific performance including physical possession. (vi) This Hon’ble Court may also kindly be pleased in the interest of justice, to order both the defendants to pay the costs of the suit to the plaintiffs. (vii) Any other relief which may be deemed fit and proper in the facts and circumstances of this case may also kindly be awarded in favour of the plaintiffs against the defendants by this Hon’ble Court in the interest of justice. (Plaintiff No. 1)  Place:  Date: (Plaintiff No. 2)  Through Advocate  VERIFICATION Verified at............................ on this............................ day of............................ that the factual contents of the above plaint from para No............................ to para No.......................... are true and correct to my knowledge, and the contents of para Nos............... to................ and all other legal contents of the plaint are true and correct to the information received and believed by me to be true and correct and the last para No................... contains the humble prayer before this Hon’ble Court. Plaintiff. SUIT FOR PERMANENT INJUNCTION In the Court of............................ Suit No. l......................... of 200 In the Matter of: - AB..................................................................... Plaintiff versus  CD................................................................. Defendant SUIT FOR PERMANENT INJUNCTION  Respectfully Showeth:  1. That the plaintiff has been residing at House No............................. ............................ as a tenant for the last about nine years with his mother, wife and children. 2. That upto the year............................ the plaintiff had been living in a Tinshed constructed by him in the premises of House No............................. 3. That the plaintiff in............................ constructed thereon pucca room and kitchen at his own cost. Some of the receipts available pertaining to the material purchased by the plaintiff for construction of a room and kitchen are annexed hereto and collectively marked as Annexure-A-1. 4. That the plaintiff is a poor person and bread earner for three minor children apart from his wife and mother and for earning his livelihood is running a small Dhabba outside the said house. 5. That the plaintiff had been paying Rs............................. per month as rent regularly to Defendant No. 1 in cash. However, no receipt is being issued by defendant No. 1 towards payment of the said rent. 6. That defendant Nos. 2 and 3 the sons of defendant No. 1 have been giving threats to the plaintiff either to vacate the premises or face dire consequences. 7. That on............................ Defendant No. 1 alongwith his associates entered the room of plaintiff using filthy and abusive language and started beating the plaintiff. 8. That the plaintiff reported the matter to the Incharge Police Station, ............................ and lodged FIR on............................. However no protection was afforded to the plaintiff by the police. 9. That the plaintiff is a law abiding citizen and has rehabilitated himself in the petty business at his own, whereas the defendant Nos. 2 and 3 are influential people who believe in taking the law in their own hands and also believe on using muscle power. 10. That defendants are bent upon grabbing the room and kitchen by forcible eviction of the plaintiff and his family through use of their might and money. 11. That the acts of the defendants are unlawful, arbitrary, unwarranted and against all cannons of justice and they are liable to be restrained by passing a decree of permanent injunction under Section 30 of the Specific Relief Act which remedy is only efficacious in the circumstances of the case. 12. That the cause of action first accrued to the plaintiff against the defendants in the........................................................ entered the room of the plaintiff using abusive language and started beating him. The cause of action again arose on ............................ in favour of the plaintiff when the defendants 2 and 3 with their muscelmen locked the plaintiffs residence from outside. The cause of action for filing the present suit is still subsisting and will continue to subsist in favour of the plaintiff till the defendants are ‘restrained by a decree of this Hon’ble Court as prayed. 13. That the parties reside in Delhi and the suit property is also situated in Delhi, this Hon’ble Court therefore has jurisdiction to entertain and try the suit. 14. That the value of the suit for purposes of jurisdiction and court fee is assessed at Rs. 130/- for which the requisite court fee for the relief of permanent injunction has been affixed/paid on the plaint. PRAYER It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to grant a decree of permanent injunction in favour of plaintiff and against the defendants permanently restraining the defendant Nos. 1 to 3, their agents, servants, relatives etc. interfering with the peaceful possession, occupation, enjoyment and use of the premises House No......................................................... by the plaintiff without following the process of law. (3) Such other relief which this Hon’ble Court may in the circumstances of the case, be pleased to grant may also be granted. Plaintiff  Through Advocate  VERIFICATION Verified at............................ on this the............................ day of ............................ that the contents of paras No............................. of the plaint are true to my knowledge and belief, whereas, those of paras No............................. are believed to be true on legal advice received through the counsel. Last para is prayer to this Hon’ble Court. Plaintiff. 1. Mohd Hanif v. Mariam Begum, 1986 (2) C. C. C. 635: A. l. R. 1986 Bom. 15. 2. Robust Tyre and Rubber Co. (P) Ltd. v. State Bank of India, 1988 (1) C. C. C. 44. 3. In re: Nagarapu Kanakaiah, 1988 (1) C. C. C. 767. 4. Ramesh v. John K. Joseph, 1996 (2) C. C. C. 394 (Ker. ). 5. Kalavakurd Venkata Subbaiah v. Bala Gurappagavi Guruvi Reddy, AIR 1999 SC 2958. 6. Ram Awadh v. Achhaibar Dubey, AIR 2000 SC 860. 7. T. Poppan v. Karia Gounder, 2001 (4) CCC 13 (Cal. ).

PETITION FOR GRANTING OF SUCCESSION CERTIFICATE  Before the District Court of................................................................... In the goods of .................................................................................... (state name, address/nationality)  In the matter of granting succession certificate relating the debts, securities of the said deceased The humble petition of …………………………………………………………………….. (state name/address/relationship)  The named above applicant respectfully state as below:  1. That the deceased Mr……………………………………………….. S/o………………………………………….…., after it referred to as the said deceased expired intestate at No................ on the ......... day of........... 2. That before and at the time of his expiry the said deceased was permanently residing at No. .................................. within the jurisdiction of this court, where he ordinarily resided and lived and left also some estate.  3. That the said deceased was ruled by Hindu Succession Act (or Indian Succession Act) etc., and the applicant is his legal successors under the said law bear right to succession certificate relating to debts and securities hereunder stated.  4. That said deceased left him surviving on his death, the following and no other relatives. …………… …………… 5. That said deceased left no will, no application was or could therefore be searched in any court for granting probate thereof or management his property, with a copy enclosed thereto and there being no obstruction in granting certificate to applicant.  6. That the details of debts and securities concerning which certificate is prayed for are given in Annexure A.  The applicant prays that the court may kindly grant him the succession certificate for collection the debts and securities with interest thereon stated in Annexure A below.  Annexure A Verification 1,…………………………….......................... resident at....................................... being the..................named above ..................................................................... do hereby solemnly declare and say that the statements contained in paragraphs 1 to 6 of the above petition and also the details contained in the Annexures 'A' and 'B' including all figures are true to my best knowledge and remaining are my kind submissions to this Learned Court.  Date Place Deponent  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PETITION FOR THE GRANT OF SUCCESSION  CERTIFICATE BY WIDOW  In the Court of District Judge at............... District............... Indian Succession Act 1925, Case No. ......... of ……... In the Goods of (name, address, caste and nationality of the deceased) And In the matter of Succession Certificate relating to debts and securities of the estate of the deceased The humble petition of .................................. sole widow of the deceased of No. ............................. Respectfully   sheweth:  1. That petitioner is the sole widow of the deceased.  2. That deceased named above hereinafter referred to being the said deceased who had been during his lifetime till his death permanently residing and living at said premises ............... within the jurisdiction of this court and was by nationality and faith a Hindu citizen of India ruled by Dayabhaga /Tamil School of Hindu Law, expired intestate on the ......... day of............ at his above stated place of residence. 3. The deceased, at the time of his expiry, left only his widow, the applicant and none else as his successor per Hindu Succession Act 1956.  4. That at the time of his expiry the dead left no son/daughter/father or any grandson or granddaughter by any predeceased son or daughter or any great-grandson or any great-granddaughter by any predeceased grandson and granddaughter or any widow of any predeceased son or predeceased grandson or great-grandson or any other relation given in class I and class II of the Schedule per s. 8 of the said Act.  5. That the dead left at the time of death inter alia assets on which succession certificate is been prayed for to the market value of Rs. ............. A whole and complete schedule of said assets is hereunto enclosed and marked "A".  6. That industries and close searches were under taken by petitioner to find out if dead left any will or disposed otherwise relating to estates, credits , and assets but no such will has been found up till now. Petitioner, therefore, believes/bear reasons to believe that he expired intestate. No letter of administration has been issued relating to property of dead. No application for letter of management or succession certificate is waiting decision in this court or in any other court. 7. That petitioner being same and alike person stated as the sole widow of the dead and she being interested in managing the property of dead.  8. it being clear from facts/circumstances hereinbefore mentioned that there being no obstruction per s. 370 of Indian Succession Act 1925 or any other enactments of said Act or any other provision against the grant of Succession Certificate hereunder prayed to petitioner nor to the legality thereof when allowed. 9. That petitioner submits and states that in aforesaid circumstances she alone bear right to the grant of Succession Certificate relating to said assets payable to the property of deceased. 10. That ad valorem duty of Rs. ............ payable relating to grant of Succession Certificate hereunder prayed for has been paid.  11. That this application is made bonafide.  Petitioner, therefore, prays for ordering per below terms:  (i) Succession certificate may be allowed to petitioner relating to assets, properties with credits specified in Schedule "A" hereto empowering to collect and/or receive and/or realise the same inclusive all interests accrued thereon and to sell and/or negotiate and/or deal with the same without any impediment.(ii) Petitioner be exempted from presenting any security on that account. And petitioner as in duty bound shall ever pay.  ------------------------------------------------------------------------------------------------  Verification I, Smt.................................... sole widow of the ………………….............. named above resident at No.............. do hereby say and declare that the statements having in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 10 of the above petition and also the particulars contained in Schedule ......... including all figures, are true to my best knowledge and those contained in paragraphs 9 and 11 hereof are my presentation to this Learned Court.  Date: Place: Deponent  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

PETITION FOR APPOINTMENT OF CURATOR  IN THE COURT OF THE DISTRICT JUDGE ____________ Civil Misc. Case No____________ of 20 ____________ AA. etc. ……………………………………………………Petitioner;                            Versus BB. ………………………………………………………….Respondent.  The property of late ________  (here state the name, description and residence of the deceased)  Petition under Section 192 of the Indian Succession Act. The Petitioner states as under:  1. That the deceased named above died at ___________________on ____________(date of death). 2. That the ordinary residence of the deceased at the time of his death was at____________ within the jurisdiction of this Court. 3. That the petitioner is (here state the relation of the petitioner with the deceased) and in this capacity the petitioner claims the right by succession to the property of the deceased above said. 4. That the deceased left the properties specified in Annexure ‘A’ attached to this application within the jurisdiction of this Court.  5. That the respondent is attempting to take forcible possession over the properties of the deceased specified in Annexure ‘A’ to this application.  6. That it is expedient in the ends of justice and in the interest of the protection of the properties of the deceased that a curator be appointed by this Court to take possession of the said properties and retain possession over them till the question of actual rights is decided.  It is, therefore, prayed that after an enquiry under Section 193 of the Indian Succession Act, the court may be pleased to appoint a curator to take immediate possession of the properties of the deceased specified in Annexure ‘A’ of this application with such directions to prepare an inventory of the properties aforesaid and any other directions that this Court may think fit and thereafter the properties specified in Annexure ‘A’ to this application be delivered to the petitioner. Date __________  Petitioner.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

SECURITY BOND ON GRANT OF SUCCESSION CERTIFICATE  KNOW ALL MEN that we, AA. etc. and BB. etc. (surety for the said AA.) hereby bind ourselves jointly and severally to Shri __________________, District Judge of ________________, for the payment to him or his successor-in-office of the sum of Rs _________  Signed by us on the _________day of _________, 20 _________.  (Signatures) WHEREAS the Court of the said District Judge has on the _________ day of _________ passed an order for the grant to the said AA. of a Succession Certificate to the estate of YZ., deceased, on condition of the said AA. executing a bond with one surety for the amount of Rs ____________for the purpose hereinafter appearing;  AND WHEREAS the said AA. has agreed to enter into the above bond and the said BB has agreed to enter into the above bond as surety for the said AA. Now the condition of the above bond is such that if the said AA. shall justly and truly account for the debts and other securities of the said YZ., deceased, received by him and shall indemnify the persons who may be entitled to the whole or any part of such debts and securities then the above-written bond shall be void but otherwise it shall remain in force. Signed etc.  Download Word Document In English. (Rs.10/-) Download PDF Document In Marathi. (Rs.10/-)

PETITION FOR REVOKING GRANT OF PROBATE, LETTERS OF ADMINISTRATION.doc  In the Court of the District Judge of ____________ Case No_______of 20 _______ 1.AA. etc_______________________  2.BB . etc_______________________ Petitioners;                                                Versus CC. etc_______  Respondent. In the matter of application under Section 263 of the Indian Succession Act, 1925. The petition of AA. and BB above named most respectfully sheweth:  1. That in Case No_______, of 20 _______ , one CC. obtained probate of the alleged last Will and Testament of DD., deceased (or obtained letter of administration in the goods of DD, deceased) from, this Court on the_______ day of _______ , 20 _______ .  2. That the said grant of probate was obtained fraudulently, inasmuch as the will in respect of which the probate was granted to the said CC. was a forgery and that the said DD., deceased, left no Will at the time of his death.  (or) 2. That the said grant of letters of administration was obtained fraudulently inasmuch as the said CC concealed from the Court the fact that the said DD. deceased had left a Will whereby the deceased had appointed your petitioner as executor.  3. That the proceedings to obtain the probate (or letters of administration) were defective in substance inasmuch as no citation was issued on the petitioners and other relatives of the deceased. Your petitioners therefore pray that under the above circumstances the grant of probate (or letters of administration) to CC. may be revoked.  And your petitioner as in duty bound shall ever pray.  Verification (Signature)  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PETITION FOR REVOCATION OF PROBATE  In the Court of the District Judge of ____________ Case No_______of 20 _______ 1.AA. etc_____________________________________ 2.BB . etc_____________________________________ Petitioners;  Versus CC. etc_______  Respondent. In the matter of application under Section 263 of the Indian Succession Act, 1925. The petition of AA. and BB above named most respectfully sheweth:  1. That in Case No________________, of 20 _______ , one CC. obtained probate of the alleged last Will and Testament of DD., deceased (or obtained letter of administration in the goods of DD, deceased) from, this Court on the_______ day of _______ , 20 _______ .  2. That the said grant of probate was obtained fraudulently, inasmuch as the will in respect of which the probate was granted to the said CC. was a forgery and that the said DD., deceased, left no Will at the time of his death.                                              (or) 2. That the said grant of letters of administration was obtained fraudulently inasmuch as the said CC concealed from the Court the fact that the said DD. deceased had left a Will whereby the deceased had appointed your petitioner as executor.  3. That the proceedings to obtain the probate (or letters of administration) were defective in substance inasmuch as no citation was issued on the petitioners and other relatives of the deceased. Your petitioners therefore pray that under the above circumstances the grant of probate (or letters of administration) to CC. may be revoked. And your petitioner as in duty bound shall ever pray.  Verification (Signature)  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

PETITION FOR PROBATE OR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED  IN THE COURT OF District Judge ………………….. District.................. Original petition No……………........ of..................... under Indian Succession Act 1925 per Matter of the Will of A ......................... expired Petition of X son of E by caste ...................................:   by occupation ...................... residing at.................................................................................................... Respectfully sheweth:  (1) That the above-named A after it referred to as said deceased who being a Hindu ruled by Hindu Succession Act (Act XXX of 1956) and expired on the .........day of......... at......... within the jurisdiction of this court which had been his fixed place of residence (or where he was temporarily resident, his fixed place of residence being at...... within the jurisdiction of this court or leaving the property within the jurisdiction of this court as will appear from the affidavit of assets instituted herewith. (2) That before to his death and on the ......... day of......... the deceased made/published his last will and testament whereby he selected petitioner being sole executor and left/bequeathed his property and effects thereof as defined therein. (3) The said will is enclosed to the affidavit of Sri .......... one of attesting witnesses and it will clearly from said affidavit as same was duly executed by said deceased before the witnesses whose names appear at the bottom thereof and was also attested by them.  (4) Petitioner is the same person as X the executor named in the will and, hence he bears right to probate thereof (or where the application is for letters of administration with a copy of the will enclosed—as the said testator did not select any executor of his said will, petitioner being his eldest son and one of persons bearing a right to a share of his property in the case of intestacy—bear right to and so claims management of the property and credits of the said A. (5) That petitioner has truly given in Annexure A to his affidavit valuation instituted herewith all the properties with credits which the deceased expired possessed of or was otherwise having at the time of his death which have come or about to come to petitioner's hands and so far as petitioner has been able to find out or is aware, there are no property/credits other than what are stated in the Annexure A of said affidavit. If other assets are discovered petitioner undertakes to pay the required court-fee on that account.  (6) That petitioner has also truly given in Annexure B to his said affidavit all items which legally he is allowed to deduct.  (7) The value of assets which will come to petitioner's hands in case of probate of the will or letters of administration with a copy enclosed thereto being allowed does not exceed the aggregated sum of Rs. ……………....... and the net amount after deducting all items which he is legally allowed to deduct by him being under the value of Rs. ………............  (8) That the deceased was a Hindu ruled by Hindu Succession Act (Act 30 of 1956) and at the time of his expiry he left the following and none other relations who would have been his successors in case of intestacy under the said Act. Name, address, age and relationship: remarks, if any (full details) (9) That petitioner has duly paid the ad valorem duty payable relating to property of deceased.  (10) That no application has been made before any other court in probate of said will/letters of administration with a copy enclosed thereto and no proceedings or suit are pending for managing of the estate.  (11) petitioner hereby undertakes to manage the estate with credits of the said A deceased and to make and file a full and true inventory thereof for exhibiting the same in this court by six months from date of granting probate of will (or letters of administration) to him, and also give this court a true account of said estate with credits by one year from said date.  That this application is made bona fide. Petitioner therefore prays: (a) That probate of said will (or letters of administration to estate and credits of the said expired, along with copy of said will enclosed) effecting throughout the State of………………………………......... may be allowed to him. (b) For such other reliefs as this court may consider fit. Prepared in my office: Advocate for the petitioner  Verification of the Applicant I, ................................. the above-named petitioner, do hereby 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 best knowledge and those bearing in paragraphs 12 and 13 thereof are my presentations. I sign this verification at................... this ......... day of.............  DECLARATION OF WITNESS I,…………….............. one of the witnesses to the last will and testament of……........the testator stated in the above petition, do say and declare that I was present on the ......... day of......... at............ and saw the testator affix his hand/signature or mark to said will, marked A per Affidavit of................... instituted herewith (or that the said testator admits the writing enclosed to above petition and marked A, to be his last will/testament in my presence). Solemnly affirmed by the said ............ witness this ............day of ............ at  court House at Bombay  Sign Before me  Commissioner/Magistrate/Oath Officer  Download Word Document In English. 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PETITION FOR EXTENDING OF SUCCESSION CERTIFICATE  In the District Court of etc In the goods of (state name, address and nationality)  In the matter of granting extension in Succession Certificate relating to debts /securities of said deceased per s. 376 of the Indian Succession Act  The applicant named above states as below:  1. That C of etc., hereinafter referred to as the said deceased expired at etc., intestate on the …............. day of………........... 2002.  2. That the permanent residence of said deceased when he expired was at etc. within the jurisdiction of this court, where he has left also some estate.  3. That the said deceased was ruled by Hindu Succession Act (or Indian Succession Act) and the applicant, being his legal successor per the said law, bear right in granting succession certificate already granted and so bear right to extension thereof prayed for hereunder.  4. That the said deceased left successors living at the time of his death only the following relatives: (a) …………………  (b) …………………  5. That the said deceased left no will and with out any application to any court for granting probate or any letters of management with a copy enclosed thereto and there is no obstruction in granting of extension certificate.  6. That the applicant got on the ............ day of ............ a succession certificate from this court relating to some of debts and securities of said deceased. A copy of the said certificate is hereunto enclosed and marked A.  7. That the applicant on the ......... day of............ comes to know that the said deceased also left behind various other debts and securities stated in Schedule A hereunder.  The applicant hence prays that this court may be pleased to grant him an extended certificate for collection debts and securities with interest thereon stated in Schedule A hereunder on paying additional duty, if compulsory.  Verification I, ........................ resident at ........................ being the ............ of named above............ do hereby solemnly and say that the statements contained in paragraphs 1 to 7 of the above petition and also the details contained in Annexure "A" and the Schedule including all figures are true to my best knowledge and the rest are my kind submissions to this Learned Court. Date Place Deponent  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)