IN THE COURT OF Court designation of the District Judge, Court district and court complex
PROBATE PETITION NO. Probate petition number OF 20Year of filing of the probate petition
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
DATE OF HEARING: Date of hearing
EVIDENCE BY WAY OF AFFIDAVIT OF THE PETITIONER (PW1)
AFFIDAVIT OF Deponent's name S/o Late Deponent's father's name, aged about Deponent's age years, R/o House No. Deponent's house number
I, the Deponent above-named, do hereby solemnly affirm and declare as under:
1.That I am the Petitioner in the present case and am well conversant with the facts and circumstances of the case, and am therefore competent to swear this affidavit.
2.That Name of deceased testatrix, by her last Will dated Date of the Will, bequeathed and devised her share, i.e. Testatrix's share in the property, in the immovable property bearing Property address, comprising the entire second floor along with roof rights, measuring Area of the bequeathed portion, together with a Proportionate share in the entire land proportionate share in the entire land of the said property, in favour of the Deponent. A copy of the Will dated Date of the Will is Ex.PW1/1.
3.That the said property was purchased by Smt. Name of deceased testatrix and Co-purchaser's name in equal shares of 50% each, vide sale deed bearing Registration No. Sale deed registration number, registered in Addl. Book No. Additional book number of the sale deed, Volume No. Volume number of sale deed at pages Page numbers of the sale deed, on Date of the sale deed. Smt. Name of deceased testatrix was the mother of the Deponent, and mother and son were deeply attached to each other; the Deponent and his family served Smt. Name of deceased testatrix during her lifetime. Therefore, Smt. Name of deceased testatrix, through her last Will dated Date of the Will, bequeathed and devised her share, i.e. Testatrix's share in the property, in the immovable property bearing Property address and number, Delhi, comprising the entire second floor along with roof rights measuring Area of the bequeathed portion, together with a Proportionate share in the entire land proportionate share in the entire land of the said property, in favour of the Deponent. The said property documents are Ex.PW1/2 (colly.).
4.That Smt. Name of deceased testatrix was competent to deal with her Testatrix's share in the property share in the property bearing No. Property number, Delhi, in any manner she deemed fit, and to execute her last Will dated Date of the Will in respect of her share in the said property in favour of the Deponent. Smt. Name of deceased testatrix possessed a sound and disposing state of mind at the time of execution of the said Will dated Date of the Will.
5.That the said Will dated Date of the Will was executed by Name of deceased testatrix of her own free will and choice, without any force, pressure, threat or inducement from any quarter. The said Will was executed by Name of deceased testatrix in the presence of the attesting witnesses, namely First attesting witness's name S/o First attesting witness's father's name, R/o First attesting witness's address, Delhi, and Second attesting witness's name W/o Second attesting witness's husband's name, R/o Second attesting witness's address, Delhi.
6.That Smt. Name of deceased testatrix (since deceased) was blessed with two sons, namely Deponent's name (son of deceased) (the Deponent herein) and Other son's name. Other son's name never served his mother Name of deceased testatrix, and on account of his conduct towards her, Name of deceased testatrix disowned him from all her movable and immovable properties, and in that regard a publication was made in the newspaper Newspaper name on Date of publication in the newspaper. A copy of the publication along with the bill/cash memo receipt is Ex.PW1/3 (colly.). Copies of the Aadhaar Card, PAN Card and Rent Agreement of Other son's name are Ex.PW1/4 (colly.).
7.That the deceased Name of deceased testatrix expired on Date of death of the testatrix, leaving behind the Deponent as one of her legal heirs, and her other legal heir, namely her second son Other son's name. The husband of Name of deceased testatrix, namely Deceased husband's name, had already died on Date of death of the deceased's husband, and his death certificate is Ex.PW1/5.
8.That Smt. Name of deceased testatrix had bequeathed her share, i.e. Testatrix's share in the property, in the immovable property bearing Property address and number, Delhi, as per her last Will dated Date of the Will.
9.That Name of deceased testatrix expired on Date of death of the testatrix, and her death certificate is Ex.PW1/6.
10.That the Deponent purchased a half share of the property, being the entire second floor along with roof rights, forming part of freehold property bearing No. Property number, Delhi, measuring Area of the bequeathed portion, together with a Proportionate share in the entire land proportionate share in the entire land of the said property, and the other half share of the said property was purchased by Name of co-purchaser (Amit Goel). Upon the demise of Name of deceased testatrix, the Deponent inherited the aforesaid immovable property and became its absolute owner/beneficiary, as described in the Will dated Date of the Will.
11.That the deceased Name of deceased testatrix specifically recorded in the said Will dated Date of the Will that, after her demise, her portion in the said property shall devolve upon the Deponent. The said Will dated Date of the Will is genuine and was duly attested by the attesting witnesses whose names and addresses are mentioned in paragraph 5 above.
12.That the contents of the foregoing paragraphs are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification that the contents of paragraphs 1 to 12 of my above evidence affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.
DEPONENT