IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX                    ...PETITIONER

~VERSUS~

XXX                    ...RESPONDENTS

INDEX

PETITIONER

NEW DELHI

DATED:               THROUGH

XXX

XXX, ADVOCATE

xxx,

Xxx

Mob.No.xxx

Email: xxx

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX                    ...PETITIONER

~VERSUS~

XXX                    ...RESPONDENTS

MEMO OF PARTIES

XXX,

W/o Late Xxx

Xxx,

Xxx.                     : PETITIONER

VERSUS

1. Xxx                                    

2. XXX                                   

D/o Late Xxx

R/o Xxx,

Xxx

Xxx.

3. XXX

D/o Late Xxx

Xxx,

Xxx.                     : RESPONDENTS

--------------------------------------------------------------------------------------

NEW DELHI                                                                  FILED BY

DATED:    

XXX

XXX, ADVOCATE

COUNSEL FOR THE PETITIONER

xxx,

Xxx.

Mob.No.xxx

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX,

W/o Late Xxx

Xxx,

Xxx.                     : PETITIONER

VERSUS

1. STATE                                                  

(NCT of Delhi)                                 

2. XXX                                   

D/o Late Xxx

R/o House No.597- B/A,

Near Lakshmi Narayan Temple,

Xxx

Xxx.

3. XXX

D/o Late Xxx

Xxx,

Xxx.                     : RESPONDENTS

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

MOST RESPECTFULLY SHOWETH:-

1.                 That the Petitioner is the Wife of Late Xxx S/o xx(hereinafter referred to as the “Deceased”).

2.                 That Xxx was expired interstate on 11.12.2019 at Xxx, Mumbai. The Original Death Certificate of the deceased has been annexed herewith as Annexure A.

3.                 The deceased, at the time of his death, had been permanently residing and living at Xxx The deceased was a citizen of India and a legal heir as per rule by Mitakshara School of Hindu Law.

4.                 The deceased, at the time of his death, left behind his Wife and Two Daughters i.e. Petitioner herein and Respondent no.2 and 3 herein and there is no other Class I heir, as per Hindu Succession Act, 1956. A photocopy of Identity proofs of the Deceased, Petitioner and LRs / Respondent no.2 and 3 are annexed herewith as Annexure C (Colly).

5.                 The Respondent No. 2 and 3 are the elder daughter of the deceased and respondent no.2, currently living in Jammu & Kashmir. The respondent no.3 living with the Petitioner. Neither of Respondent Nos. 2 nor respondent no.3 have any objection to the Applicant/ Petitioner getting the succession to the immovable properties mentioned in “Schedule A”.  A No Objection Certificate cum Affidavits to this effect have been furnished by all the LRs / Respondents and the same have been attached herewith and annexed as Annexure C (Colly.).

6.                 That the net current value of the immovable properties as mentioned in (“Schedule A”) is Rs. 60 Lakhs approx. The details of the movable properties is annexed herewith and annexed as Annexure F.

7.                 That the petitioner made the efforts to find out if the deceased left any will or deposed otherwise relating to estates, credits and assets but no such will has been found up till now. Petitioner therefore believes/bears reason to believe that the deceased expired intestate. No letter of administration has been issued relating to property of the deceased. No application for letter of management or succession certificate is awaiting decision in this Court or in any other court.

8.                 That, it being clear from facts and circumstances hereinbefore mentioned that there being no obstruction as per section 370 of the Indian Succession Act, 1925 or any other enactments of said Act or any other provision against the grant of a Succession Certificate hereunder prayed to by the Petitioner nor to the legality thereof when allowed.

9.                 That the Petitioner submits and states that in aforesaid circumstances it alone bears the right to the grant of Succession Certificate relating to said assets payable to the property of the deceased.

10.             That ad-valorem duty of Rs.____/- payable relating to grant of Succession Certificate hereunder prayed for has been paid. The Plaintiff undertakes to pay a further amount of Court fee on the amount of the movable properties as awarded by this Hon’ble Court as and when may be required.

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

Petitioner, therefore prays for ordering as per below terms:

(i)               Succession certificate may be allowed to be granted to the Petitioner relating to immovable property specified in Schedule “A” hereto empowering to collect and/or receive and/or realize the same inclusive of all interests or dividends accrued thereon and to sell and/or negotiate and/or deal and/or transfer the same without any impediment.

(ii)             Petitioner may be exempted from presenting any security on that account.

(iii)          Any other relief of reliefs which the Petitioner is entitled to be also granted in favour of the Petitioner.

AND PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

PETITIONER

NEW DELHI

DATED:

                                                THROUGH

XXX

XXX, ADVOCATE

xxx,

Xxx

Mob.No.xxx

Email: xxx

VERIFICATION:-

Verified at Delhi on ____this day of August, 2024 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, are true to the best of my knowledge and those contained in paragraphs 9 and 11 hereof are my presentation to this Hon’ble Court.

PETITIONER

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX                    ...PETITIONER

~VERSUS~

XXX                    ...RESPONDENTS

AFFIDAVIT

Affidavit of Xxx, aged about x years, W/o Late Xxx Xxx, Xxx., do hereby on solemn affirmation declare as under:-

1.                 That I am the Wife of the Deceased Xxx and Petitioner herein, as such I am well conversant with the facts leading to the filing of the present affidavit.

2.                 The contents of the accompanying Petition under Section 372 of Indian Succession Act, 1925 are drafted by my counsel upon my instructions. I have read and understood the contents of the accompanying Petition are true to the best of my knowledge and in my vernacular.

3.                 That Late Xxx expired on 11.12.2019 at Mumbai and left behind his wife and two daughters i.e. petitioner herein and Respondent no.2 and 3 herein and no other Class I heir, as per Hindu Succession Act, 1956.

4.                 The contents of the accompanying Petition may be read as a part of this affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at Delhi on ___ this day of August, 2024 that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed or withheld therefrom.

DEPONENT

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

SOUTH DIST., SAKET COURTS, NEW DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2023.

IN THE MATTER OF:

XXX                              ...PETITIONER

~VERSUS~

Xx .                                          ...RESPONDENTS

SCHEDULE A OF IMMOVEABLE PROPERTY OF THE DECEASED XXX.

PETITIONER

NEW DELHI

DATED:                        THROUGH

XXX

XXX, ADVOCATE

xxx,

Xxx

Mob.No.xxx

Email: xxx

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX                    ...PETITIONER

~VERSUS~

XXX                    ...RESPONDENTS

AFFIDAVIT-CUM-NOC

Affidavit of Xxx, aged about xx years, D/o Late Xxx R/o House No. xx , do hereby on solemn affirmation declare as under:-

1.                 That I am the Elder Daughter of the Deceased Xxx and as such I am well conversant with the facts leading to the filing of the present affidavit.

2.                 That I am the 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 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 Delhi on ___ this day of August, 2024 that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed or withheld therefrom.

DEPONENT

IN THE COURT OF LD. DISTRICT & SESSION JUDGE;

DIST. SOUTH-WEST; DWARKA COURTS, DELHI.

Indian Succession Act, 1925

SUCCESSION PETITION No. _____ OF 2024.

IN THE MATTER OF:

XXX                    ...PETITIONER

~VERSUS~

XXX                    ...RESPONDENTS

AFFIDAVIT-CUM-NOC

Affidavit of Ms. Xxx, aged about xx years, D/o Late Xxx Xxx, Xxx., do hereby on solemn affirmation declare as under:-

1.                 That I am the Daughter of the Deceased Xxx and as such I am well conversant with the facts leading to the filing of the present affidavit.

2.                 That I am the 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 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 Delhi on ___ this day of August, 2024 that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed or withheld therefrom.

DEPONENT