Petition for the Grant of Succession Certificate by Widow

Petition for the Grant of Succession Certificate by Widow

In the Court of the District Delegate
at ……………

District ……………

Indian Succession Act 1925, Case
No. ……… of 1999

In the Goods of (name, address, caste and nationality of the deceased)

And

In the matter of Succession Certificate in respect of the debts and securities of the estate of the deceased

The humble petition of …………… sole widow of the deceased of No. …………

Respectfully Sheweth:

1. That your petitioner is the sole widow of the deceased.

2. That the deceased above-named, hereinafter referred to as the ‘said deceased’ who had been during his lifetime and until his death permanently living and residing at the said premises …………… within the jurisdiction of this court and was by faith and nationality a Hindu citizen of India governed by the Dayabhaga or Bengal School of Hindu Law, died intestate on the ……… day of ………… at his aforesaid place of residence.

3. The deceased, at the time of his death, left only his widow, the present applicant and none else as his heir under the Hindu Succession Act 1956.

4. That at the time of his death the deceased left no son or daughter or father or any grandson or granddaughter by any predeceased son or daughter or any great-grandson or any great-granddaughter by any predeceased grandson and granddaughter or any widow of any predeceased son or predeceased grandson or great-grandson or any other relation specified in class I and class II of the Schedule under s. 8 of the said Act.

5. That the deceased left at the time of the death inter alia assets
for which succession certificate has been prayed for of the market value of Rs. ………… .

A full and complete schedule of the said assets is hereunto annexed and marked “A”.

6. That strict and diligent searches were made by your petitioner to ascertain whether the deceased left any will or made other disposition in respect of the properties, assets, and credits but no such will has been discovered up till now. Your petitioner, therefore, believes and has reasons to believe that he died intestate. No letter of administration has been issued in respect of the estate of the deceased. No application for letter of administration or succession certificate is pending in this court or in any other court.

7. That your petitioner is the same and identical person described as the sole widow of the deceased and she is interested in the administration of the estate of the deceased.

8. That it is evident from the facts and circumstances hereinbefore stated that there is no impediment under s. 370 of the Indian Succession Act 1925 or any other provisions of the said Act or any other enactment against the grant of Succession Certificate hereunder prayed to your petitioner nor to the validity thereof when granted.

9. That your petitioner states and submits that in the circumstances aforesaid, she alone is entitled to the grant of Succession Certificate in respect of the said assets payable to the estate of the deceased.

10. That the ad valorem duty of Rs. ………… payable in respect of the grant of Succession Certificate hereunder prayed for has been paid.

11. That this application is made bona fide.

Your petitioner, therefore, prays for an order in the following terms:

(i)  Succession certificate may be granted to your petitioner in respect of the properties, assets and credits specified in Schedule “A” hereto with power to collect and/or receive and/or realise the same including all interests accrued thereon and to negotiate and/or sell and/or deal with the same without any restriction.

(ii)  Your petitioner be exempted from furnishing any security on that account.

And your petitioner as in duty bound shall ever pay.

Shedule A, PART – I
Debts and Liabilities

PART – II
Securities

Verification

I, Sm. ………………, sole widow of the …………… above-named residing at No. …………, do hereby declare and say 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 the Schedule ……… including all figures, are true to my knowledge and those contained in paragraphs 9 and 11 hereof are my submission to this Learned Court.

I sign this verification at
No. …………… this ………… day of ……… 1999

Prepared in my Office

Advocate for the Petitioner