Petition for Letters of Administration of Property and Credits as no Will was Made

Petition for Letters of Administration of Property and Credits as no Will was Made

In this court of the District Judge (or delegate) of ………/………… Original Petition No. ………… of ……… under Indian Succession Act 1925 in the Goods of AB late of No. ……… deceased.

Petition of XY under s. 278 of the Indian Succession Act 1925 for Letters of Administration—

Most Respectfully Sheweth:

1. That the above-named deceased AB hereinafter referred to as the said deceased late of ………… died on or about the ……… day of ……… at ……… within the jurisdiction of this court, which was his fixed place of residence (or where he was temporarily resident, his fixed place of residence being at ……… within the jurisdiction of this court) or leaving properties specified in the Annexure A to the affidavit of assets filed herewith within the jurisdiction of this court.

2. That the said deceased died intestate and although your petitioner made due and diligent search to ascertain whether the deceased left any will, none so has been found up till now.

3. That the said deceased was a Hindu governed by the Dayabhaga or Bengal School of Hindu Law and at the time of his death he left him surviving the following and no other person or persons as his heirs and legal representatives under the Hindu Succession Act (Act 30 of 1956).

(1)  CD, your petitioner as eldest son—age and residence;

(2)  EF of (residence, age and description) his youngest son;

(3)  J. the wife of LM of etc. his daughter (residence and age);

(4)  N of etc. his wife—residence and age;

(5)  PQ of etc.—residence and age.

4. That the petitioner as the eldest son of the deceased is entitled to ……… share of his estate and he claims Letters of Administration in respect of the estate of the deceased.

5. That the petitioner has truly set forth in Annexure A to his affidavit of valuation filed herewith all the properties and credits which the deceased died possessed of or was otherwise entitled to at the time of his death which have come or are likely to come to the petitioner’s hands and so far as the petitioner has been able to ascertain or is aware, there are no property and credits other than what are specified in the Annexure A of the said affidavit and in case of discovery of other assets your petitioner undertakes to pay the requisite court-fee on that account.

6. That the petitioner has also truly set forth in Annexure B to his said affidavit all the items that by law he is allowed to deduct.

7. That the said assets exclusive of what the deceased may have been possessed of or was entitled to as a trustee for another and beneficiary or with power to confer a beneficial interest and also exclusive of the items mentioned in the said Annexure B but inclusive of all rents, interests and dividends and increased value since the date of his death are under the value of Rs. ………….

8. That no application has been made to any District Court or delegate or to any High Court for probate of any will of the said deceased or letters of administration with or without the will annexed in respect of his property and credits.

9. That your petitioner has paid the ad valorem duty payable in respect of the estate of the deceased.

10. That your petitioner undertakes to duly administer the property and credits of the said AB deceased and to make a full and true inventory thereof and exhibit the same in this court within six months from the date of grant of letters of administration to him, and also to render to this court a true account of the said property and credits within one year from the said date.

11. That this application is made bona fide.

Your petitioner therefore prays:

(a)  Letters of Administration be granted to him having effect throughout the State of West Bengal.

(b)  For such other relief as this court may deem fit.

Verification

I, ………… the petitioner above-named, do solemnly declare and say that what is stated in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the above petition are true to my knowledge and that what is stated in the remaining paragraphs 10 and 11 are my submission before this court.

I sign this verification at No. ……… this ……… day of ………… 2000.

Prepared in my office                                                                                                      Sd/-

Advocate for the petitioner

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