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Succession petition under Section 372 of the Indian Succession Act, 1925 with affidavit-cum-NOCs of legal heirs

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IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE

DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI

Under the Indian Succession Act, 1925

SUCCESSION PETITION No. Succession petition number OF 2024

IN THE MATTER OF:

Petitioner's name…PETITIONER

~VERSUS~

Respondents' names…RESPONDENTS

INDEX

S. No.PARTICULARSPAGE No.
1.MEMO OF PARTIES
2.PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR GRANT OF A SUCCESSION CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE IMMOVABLE PROPERTY LEFT BEHIND BY LATE Deceased's name, ALONG WITH AFFIDAVIT IN SUPPORT.
3.ANNEXURE A — ORIGINAL DEATH CERTIFICATE OF LATE Deceased's name.
4.ANNEXURE B (COLLY.) — COPIES OF IDENTITY PROOF OF LATE Deceased's name AND HIS LEGAL HEIRS.
5.ANNEXURE C (COLLY.) — AFFIDAVIT-CUM-NOCs OF RESPONDENT NOS. 2 AND 3 / LEGAL HEIRS OF LATE Deceased's name.
6.ANNEXURE D (COLLY.) — COPIES OF ALLOTMENT-CUM-FLAT BUYER AGREEMENT DATED Date of flat buyer agreement, ALONG WITH STATEMENT OF ACCOUNTS AND PAYMENT RECEIPTS.
7.ANNEXURE E (COLLY.) — COPIES OF NOCs DATED Date of first NOC AND Date of second NOC.
8.ANNEXURE F (SCHEDULE – "A") — SCHEDULE CONTAINING DETAILS OF THE IMMOVABLE PROPERTY IN RESPECT OF WHICH THE CERTIFICATE IS SOUGHT.
9.VAKALATNAMA.

PETITIONER


NEW DELHI

DATED: Date of filing of the petitionTHROUGH

Advocate's name, ADVOCATE

COUNSEL FOR THE PETITIONER

Advocate's address

Mobile No.: Advocate's mobile number

IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE

DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI

Under the Indian Succession Act, 1925

SUCCESSION PETITION No. Succession petition number OF 2024

IN THE MATTER OF:

Petitioner's name…PETITIONER

~VERSUS~

Respondents' names…RESPONDENTS

MEMO OF PARTIES

Petitioner's name,

W/o Late Deceased's name,

Petitioner's address.…PETITIONER

VERSUS

1. Respondent 2's name,

D/o Late Deceased's name,

R/o Respondent 2's address.

2. Respondent 3's name,

D/o Late Deceased's name,

Respondent 3's address.

3. STATE (NCT of Delhi)…RESPONDENTS

NEW DELHIFILED BY

DATED: Date of filing of the petition

Advocate's name, ADVOCATE

COUNSEL FOR THE PETITIONER

Advocate's address

Mobile No.: Advocate's mobile number

IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE

DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI

Under the Indian Succession Act, 1925

SUCCESSION PETITION No. Succession petition number OF 2024

IN THE MATTER OF:

Petitioner's name,

W/o Late Deceased's name,

Petitioner's address.…PETITIONER

VERSUS

1. STATE (NCT of Delhi)

2. Respondent 2's name,

D/o Late Deceased's name,

R/o Respondent 2's house number,

Respondent 2's address landmark,

Respondent 2's address.

3. Respondent 3's name,

D/o Late Deceased's name,

Respondent 3's address.…RESPONDENTS

PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 FOR GRANT OF A SUCCESSION CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE MOVABLE / IMMOVABLE PROPERTY LEFT BEHIND BY THE DECEASED, LATE Deceased's name (HUSBAND OF THE PETITIONER).

MOST RESPECTFULLY SHOWETH:-

1.The place, date and time of the death of the deceased.On Date of death of deceased at Place of death.
2.The ordinary place of residence of the deceased; and, if the ordinary place of residence of the deceased is not situated within the jurisdiction of this Court, the details of the properties of the deceased situated within the jurisdiction of this Court.Deceased's ordinary place of residence
3.The names and full addresses of the near relatives of the deceased.1. Smt. Petitioner's name, W/o Late Deceased's name, Petitioner's address (Wife / Petitioner herein); 2. Respondent 2's name, D/o Late Deceased's name, R/o Respondent 2's address (Daughter / Respondent No. 2 herein); 3. Ms. Respondent 3's name, D/o Late Deceased's name, Respondent 3's address (Daughter / Respondent No. 3 herein).
4.The right under which the Applicant claims the grant of the Succession Certificate.As the wife / legal heir of the deceased, Deceased's name.
5.Any impediment to the grant of the Succession Certificate, or any other impediment under Section 370 of the Indian Succession Act, 1925 (Act 59 of 1925).None.
6.Particulars and details of the debts, securities, etc., in respect of which the certificate is to be granted.As set out in Schedule "A".
1.That the Petitioner is the wife of Late Deceased's name, S/o Deceased's father's name (hereinafter referred to as the "Deceased").
2.That the Deceased passed away on Date of death of deceased at Place of death. The original Death Certificate of the Deceased is annexed herewith as Annexure A.
3.That, at the time of his death, the Deceased was permanently residing at Deceased's ordinary place of residence. The Deceased was a citizen of India, and the parties are governed by the Mitakshara School of Hindu Law.
4.That, at the time of his death, the Deceased was survived by his wife and two daughters, namely the Petitioner herein and Respondent Nos. 2 and 3 herein, and there is no other Class I heir under the Hindu Succession Act, 1956. Photocopies of the identity proofs of the Deceased, the Petitioner, and the legal heirs / Respondent Nos. 2 and 3 are annexed herewith as Annexure B (Colly.).
5.That Respondent Nos. 2 and 3 are the daughters of the Deceased. Respondent No. 2 currently resides at Place where Respondent 2 currently resides, while Respondent No. 3 resides with the Petitioner. Neither Respondent No. 2 nor Respondent No. 3 has any objection to the Petitioner being granted succession in respect of the immovable properties mentioned in Schedule "A". No Objection Certificates-cum-Affidavits to this effect have been furnished by all the legal heirs / Respondents and are annexed herewith as Annexure C (Colly.).
6.That the net current value of the immovable properties mentioned in Schedule "A" is Value of immovable property. The details of the movable properties are annexed herewith as Annexure F.
7.That the Petitioner has made due efforts to ascertain whether the Deceased left any Will or otherwise disposed of his estate, credits and assets, but no such Will has been found till date. The Petitioner therefore has reason to believe that the Deceased died intestate. No letter of administration has been granted in respect of the property of the Deceased, and no application for a letter of administration or a succession certificate is pending decision before this Court or any other court.
8.That, from the facts and circumstances set out hereinabove, it is clear that there is no impediment under Section 370 of the Indian Succession Act, 1925, or under any other provision of the said Act or any other enactment, to the grant of the Succession Certificate prayed for by the Petitioner, nor to the legality thereof, when granted.
9.That the Petitioner submits that, in the aforesaid circumstances, the Petitioner alone is entitled to the grant of the Succession Certificate in respect of the said debts and securities payable to the estate of the Deceased.
10.That ad valorem court fee of ₹Ad-valorem court fee paid (₹)/- payable on the grant of the Succession Certificate prayed for herein has been paid. The Petitioner undertakes to pay such further court fee on the value of the movable properties as may be directed by this Hon'ble Court, as and when required.

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a)grant a Succession Certificate in favour of the Petitioner in respect of the movable / immovable properties of the Deceased, Late Deceased's name, as detailed in Schedule "A";
(b)pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

PETITIONER

Through

Advocate's name, ADVOCATE

Advocate's address

Mobile No.: Advocate's mobile number

Place: New Delhi

Date: Date of filing of the petition

VERIFICATION

I, Petitioner's name, W/o Late Deceased's name, R/o Petitioner's address, do hereby verify that the contents of paragraphs 1 to 10 of the above petition are true and correct to my knowledge and belief, nothing material has been concealed therefrom, and the same are based on records.

Verified at New Delhi on this Date of verification.

Petitioner's name

PETITIONER

11.That the present petition / application is made bona fide and without any collusion.

The Petitioner, therefore, most respectfully prays for orders as per the terms set out below:

(i)A Succession Certificate may be granted to the Petitioner in respect of the immovable property specified in Schedule “A” hereto, empowering the Petitioner to collect and/or receive and/or realise the same, inclusive of all interest or dividends accrued thereon, and to sell and/or negotiate and/or deal with and/or transfer the same without any impediment.
(ii)The Petitioner may be exempted from furnishing any security in that behalf.
(iii)Any other relief or reliefs to which the Petitioner may be entitled may also be granted in favour of the Petitioner.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

PETITIONER

Place of filing / signing (e.g., city)

DATED:

THROUGH

Advocate's name

Advocate's name, ADVOCATE

Advocate's address

Mob. No. Advocate's mobile number

Email: Advocate's email address

VERIFICATION:-

Verified at Place of verification on Date of verification of petition, this day of Month and year of verification, that the statements contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 10 of the above petition, and also the particulars contained in Schedule “A”, including all figures therein, are true to the best of my knowledge, and that the statements contained in paragraphs 9 and 11 hereof are my humble submission to this Hon’ble Court.

PETITIONER

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. SOUTH-WEST, DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION NO. Succession petition number OF Year of the succession petition.

IN THE MATTER OF:

Petitioner's name...PETITIONER

~VERSUS~

Respondents' names...RESPONDENTS

AFFIDAVIT

Affidavit of Deponent's (petitioner's) name, aged about Petitioner's age years, W/o Late Deceased's name, R/o Deponent's address, do hereby on solemn affirmation declare as under:-

1.That I am the wife of the deceased Deceased's name and the Petitioner herein, and as such I am well conversant with the facts leading to the filing of the present affidavit.
2.That the contents of the accompanying Petition under Section 372 of the Indian Succession Act, 1925 have been drafted by my counsel upon my instructions. I have read and understood the contents of the accompanying Petition, and the same are true to the best of my knowledge and have been explained to me in my vernacular.
3.That Late Deceased's name expired on Date of death of deceased at Place of death of the deceased, and left behind his wife and two daughters, namely, the Petitioner herein and Respondent Nos. 2 and 3 herein, and no other Class I heir, as per the Hindu Succession Act, 1956.
4.That the contents of the accompanying Petition may be read as part and parcel of this affidavit, as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at Place of verification on Date of verification of affidavit, this day of Month and year of verification, that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed or withheld therefrom.

DEPONENT

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. SOUTH-WEST, DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION NO. Succession petition number OF Year of the succession petition.

IN THE MATTER OF:

Petitioner's name...PETITIONER

~VERSUS~

Respondents' names...RESPONDENTS

SCHEDULE “A” – IMMOVABLE PROPERTY OF THE DECEASED Deceased's name

Sr. No.Details of Immovable PropertyCurrent Value (Rs.)
1.Flat No. Flat number of property, Location of the immovable propertyCurrent value of the immovable property

PETITIONER

Place of filing / signing (e.g., city)

DATED:THROUGH

Advocate's name

Advocate's name, ADVOCATE

Advocate's address

Mob. No. Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. SOUTH-WEST, DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION NO. Succession petition number OF Year of the succession petition.

IN THE MATTER OF:

Petitioner's name...PETITIONER

~VERSUS~

Respondents' names...RESPONDENTS

AFFIDAVIT-CUM-NOC

Affidavit of Deponent's (respondent 2's) name, aged about Respondent 2's age years, D/o Late Deceased's name, R/o House No. Respondent 2's house number, do hereby on solemn affirmation declare as under:-

1.That I am the elder daughter of the deceased Deceased's name, and as such I am well conversant with the facts leading to the filing of the present affidavit.
2.That I am Respondent No. 2 in the captioned matter, and I have no objection if the present petition / application is allowed and the Succession Certificate is granted / issued in favour of the Petitioner herein.
3.That I have read and understood the contents of the accompanying Petition, and I have no objection if the present petition is allowed and the said Succession Certificate is granted in favour of the Petitioner herein.

DEPONENT

VERIFICATION:-

Verified at Place of verification on Date of verification of affidavit, this day of Month and year of verification, that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed or withheld therefrom.

DEPONENT

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. SOUTH-WEST, DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION NO. Succession petition number OF Year of the succession petition.

IN THE MATTER OF:

Petitioner's name...PETITIONER

~VERSUS~

Respondents' names...RESPONDENTS

AFFIDAVIT-CUM-NOC

Affidavit of Ms. Deponent's (respondent 3's) name, aged about Respondent 3's age years, D/o Late Deceased's name, R/o Respondent 3's address, do hereby on solemn affirmation declare as under:-

1.That I am the daughter of the deceased Deceased's name, and as such I am well conversant with the facts leading to the filing of the present affidavit.
2.That I am Respondent No. 3 in the captioned matter, and I have no objection if the present petition / application is allowed and the Succession Certificate is granted / issued in favour of the Petitioner herein.
3.That I have read and understood the contents of the accompanying Petition, and I have no objection if the present petition is allowed and the said Succession Certificate is granted in favour of the Petitioner herein.

DEPONENT

VERIFICATION:-

Verified at Place of verification on Date of verification of affidavit, this day of Month and year of verification, that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed or withheld therefrom.

DEPONENT

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