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Petition For Letters Of Administration (rule 376) 348 - Legal Draft

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Petition for Letters of Administration (Rule 376)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. ............... OF .............

Petition for Letters of Administration to
the property and credits of (a).............

.......................................... Deceased.
........................................... Petitioner.

(a) Insert name in full, place of residence and occupation. If the deceased was bachelor or spinster that should be stated.

THE PETITION OF THE PETITIONER ABOVENAMED

TO

THE HONOURABLE 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 he said deceased died intestate and that due and diligent search has been made for a will but none has been found.

(b) State what law.

(4) That the said deceased left him surviving as his only heirs and next-of-kin according to (b) to .................... law the following persons, who are residing at the addresses set out against their respective names

(c) State, the relationship to the deceased.

(5) 'I'hat the petitioner as (c) ....................... of the deceased claims to be ................ entitled to a ....................... share of his estate.

(6) The petitioner has truly set forth in Schedule No. I, hereto annexed and marked Exhibit "A", 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 the petitioner's hands.

(7) That the petitioner has truly set forth in Schedule No. II, hereto annexed and marked Exhibit "B" 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 "C", the property held by the deceased as a trustee for another and not 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.................

(d) Or if made, state to what Court, by what person and what proceedings have been taken.

(10) That no application has been made to any District Court or District Delegate or to any High Court for Probate of any will of the said deceased or for letter of administration with or without the will annexed to his property and credits. (d).

(e) or throughout India.

(e) The petitioner therefore prays that letters of administration may be printed to him having effect throughout the State of Maharashtra (e).

I, .................................. the petitioner abovenamed, do swear in the name of God/solemnly affirm that what is stated in paragraph ......... 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...............
Advocate for.................



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