Petition For Letters Of Administration With Will Annexed. (rule 375) 350 - Legal Draft
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Petition for Letters of Administration with will annexed. (Rule 375)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO............... OF 20......
Petitioner for Letters of Administration
with the will annexed to the property-and
credits of (a) ...................... Deceased.
(a) Insert the name in full, plate of residence and occupation. If deceased was a bachelor or spinster, that should be stated.
............................................. Petitioner.
THE PETITION OF THE PETITIONER ABOVENAMED
To
THE HON'BLE THE CHIEF JUSTICE AND JUDGES OF THE HIGH
COURT,
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 ........................ on 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 market Exhibit "A".
(4) That the said will was duly executed at .............................on the ..................... day of 20 .....
(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 ........................ on 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 market Exhibit "A".
(4) That the said will was duly executed at .............................on the ..................... day of 20 .....
(5) That by the said will the deceased appointed ........................ sole executor thereto (b), but he has since died, to wit on the ................... day of ................. 20..... without having proved the said will, and that the abovenamed petitioner is the ................... of the deceased.
(b) Or no executor, as the case may be
(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 and 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 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..................
(10) That the said deceased left him surviving as his only heirs and next-of-kin according to (c) law the following persons, who are residing at the addresses set out against their respective names :-
(C) State what Law.
(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).
(d) Or if made, state to what Court, by what person and what proceedings have been taken.
The petitioner prays that letters of administration with the said will annexed may be granted to him as the ...................... of the said deceased having effect throughout the State of Maharashtra (e).
(e) Or throughout India.
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.......
(7) That the petitioner has truly set forth in Schedule No. II, hereto annexed and 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 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..................
(10) That the said deceased left him surviving as his only heirs and next-of-kin according to (c) law the following persons, who are residing at the addresses set out against their respective names :-
(C) State what Law.
(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).
(d) Or if made, state to what Court, by what person and what proceedings have been taken.
The petitioner prays that letters of administration with the said will annexed may be granted to him as the ...................... of the said deceased having effect throughout the State of Maharashtra (e).
(e) Or throughout India.
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.....................
High Court.....................
Advocate for..................