Petition By Constituted Attorney For Letters Of Administration With Copy Of Authenticated Copy Of The Will Annexed 352 - Legal Draft
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Petition by constituted Attorney for Letters of Administration with
copy of authenticated copy of the will annexed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO........... OF 20.....
copy of authenticated copy of the will annexed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO........... OF 20.....
Petition for Letters of Administration
(with a copy of an authenticated copy of the
will annexed) to the property and credits of
(a).......................
...................Deceased.
(with a copy of an authenticated copy of the
will annexed) to the property and credits of
(a).......................
...................Deceased.
(a) Insert name in full, the place of residence and occupation. If the deceased was a bachelor or spinster, that should be stated.
...................................constituted attorney of ...................executor or executors named in the will of the above-named deceased.
.........................Petitioner.
...................................constituted attorney of ...................executor or executors named in the will of the above-named deceased.
.........................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 the ..................day of ....... 20.....
(2) That the said deceased at the time of death left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.
(3) That hereto annexed and marked Exhibit “A’, is the properly authenticated copy of the probate of the will of the said deceased which probate was granted on the .............. day of.........20....... under the seal of the ..................to the said.................., executor named in the said will.
(4) That the said..................... is to the best of the petitioner’s beliefs at present residing at.......... in ..............
(5) 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 the time of his death, which or are likely to come to his hands.
(6) 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.
(7) 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.
(8) 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............
(9) That the said.............. as such executor as aforesaid has by the power of attorney, hereunto annexed and marked Exhibit “E” bearing the date the ............ day of..... 20.... Appointed .......... To be his attorney for him and in his name and on his behalf of apply for and obtain a grant of letters of administration to the estate of the said deceased, with a copy of the said probate of the said will annexed, from the High Court at Bombay or any other competent Court in India limited to the property which the said .................. died possessed of or entitled to in India.
(10) That no application has been made to any Court, other than the Court referred to in paragraph 3 above, for probate of any will of the said deceased nor to any Court for letters of administration to his property and credits (with or without a copy of an authenticated copy of the will annexed) (b).
(b) or if made, state, to what Court, by what person and what proceedings have been taken.
The petitioner prays that letters of administration (with a copy of the authenticated copy of the will annexed) to the property and credits of the said............. Deceased may be granted to him, having effect throughout the State of Maharashtra/India for the use and benefit of the said...........as such executor as aforesaid and limited until he shall obtain probate of the said will from this Hon’ble Court.
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......
(2) That the said deceased at the time of death left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.
(3) That hereto annexed and marked Exhibit “A’, is the properly authenticated copy of the probate of the will of the said deceased which probate was granted on the .............. day of.........20....... under the seal of the ..................to the said.................., executor named in the said will.
(4) That the said..................... is to the best of the petitioner’s beliefs at present residing at.......... in ..............
(5) 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 the time of his death, which or are likely to come to his hands.
(6) 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.
(7) 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.
(8) 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............
(9) That the said.............. as such executor as aforesaid has by the power of attorney, hereunto annexed and marked Exhibit “E” bearing the date the ............ day of..... 20.... Appointed .......... To be his attorney for him and in his name and on his behalf of apply for and obtain a grant of letters of administration to the estate of the said deceased, with a copy of the said probate of the said will annexed, from the High Court at Bombay or any other competent Court in India limited to the property which the said .................. died possessed of or entitled to in India.
(10) That no application has been made to any Court, other than the Court referred to in paragraph 3 above, for probate of any will of the said deceased nor to any Court for letters of administration to his property and credits (with or without a copy of an authenticated copy of the will annexed) (b).
(b) or if made, state, to what Court, by what person and what proceedings have been taken.
The petitioner prays that letters of administration (with a copy of the authenticated copy of the will annexed) to the property and credits of the said............. Deceased may be granted to him, having effect throughout the State of Maharashtra/India for the use and benefit of the said...........as such executor as aforesaid and limited until he shall obtain probate of the said will from this Hon’ble Court.
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..........
Advocate for...............
I,..............................the constituted attorney of ..................... the executor named in the will of the above named deceased, the petitioner abovenamed do swear in the name of God/solemnly affirm that I believe that the writing referred to in the petition herein and marked Exhibit “A” is the authenticated copy of the probate and of the last will of the abovenamed................. deceased and that the original probate has been granted on the ................ day of .......... 20...... under the seal of the....... to the said ..... and that the writing referred to in the petition herein and marked Exhibit “E” is the power of attorney executed by the said.............. the executor named in the said will, and that I am the attorney therein named and that I will faithfully administer the property and credits of the said deceased and in any way concerning his will for use and benefit of him the said................... Executor named in the said will for use and benefit of him the said................executor named in the said will and limited until he shall obtain probate of the said will from this Hon’ble Court by paying such lawful claims as I know of so far as the said assets will extend and that I will exhibit a full and true inventory of the said property and credits in this Hon’ble Court within ......... months from the date of grant to be made to me or within such further time as the said Court may from time to time appoint, and also render a true account of my administration to this Hon’ble Court within ...... year from the same date or within such further time as the said Court may from time to time appoint.
I,..............................the constituted attorney of ..................... the executor named in the will of the above named deceased, the petitioner abovenamed do swear in the name of God/solemnly affirm that I believe that the writing referred to in the petition herein and marked Exhibit “A” is the authenticated copy of the probate and of the last will of the abovenamed................. deceased and that the original probate has been granted on the ................ day of .......... 20...... under the seal of the....... to the said ..... and that the writing referred to in the petition herein and marked Exhibit “E” is the power of attorney executed by the said.............. the executor named in the said will, and that I am the attorney therein named and that I will faithfully administer the property and credits of the said deceased and in any way concerning his will for use and benefit of him the said................... Executor named in the said will for use and benefit of him the said................executor named in the said will and limited until he shall obtain probate of the said will from this Hon’ble Court by paying such lawful claims as I know of so far as the said assets will extend and that I will exhibit a full and true inventory of the said property and credits in this Hon’ble Court within ......... months from the date of grant to be made to me or within such further time as the said Court may from time to time appoint, and also render a true account of my administration to this Hon’ble Court within ...... year from the same date or within such further time as the said Court may from time to time appoint.
Sworn/Solemnly affirmed at................
This ................ Day of.........20......
Before me,
Assistant, Master/Associate,
High Court,........