Petition for succession certificate. (Rule 377)

of authenticated copy of the will are granted to Constituted Attorney [CD1] 

 

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION PETITION NO………….. 20…..

 

 

Petition for succession certificate in

Respect of certain debts and securities

Belonging  to

(a)…………. Deceased

 

 

(a) Insert name in full, place of residence and occupation. If the deceased was a bachelor or spinster, that should be stated.

 

………………………..Petitioner.

 

THE PETITION ON THE PETITIONER ABOVENAMED

 

TO

 

THE HON’BLE THE CHIEF JUSTICE AND JUDGE OF THIS HIGH COURT

 

SHEWETH :-

 

(1)  That the deceased abovenamed ……………… died at ………… on or about the……… day of

…… 20…….

 

(2)  That the said deceased ordinarily reside at………………… and/or left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

 

(3)  That the petitioner believes that the said deceased died intestate and that although due and diligent search has been made for a will of the deceased, none has been found.

 

OR

 

The said deceased died leaving a Will dated………….. and executed at ……… a copy of which is hereto annexed and marked Exhibit ‘A’.

 

(4) That the said deceased left him surviving as his only heirs and next-of-kin according to (b)

……… law the following persons, who are residing at the addresses set out against their respective names :-

 

(b) State what Law.

 

(5) That the petitioner as (c)  of the deceased claims to be entitled to a …………… share of the estate.

 

(c) State relationship to the deceased.

 

(6)               That there is no impediment under section 370 of the Indian Succession Act, 1925, or under any other provision of this Act or any other enactment of the grant of the certificate or the validity thereof if it were granted.

 

(7)               That the petitioner has truly set forth in the Schedule, hereto annexed and marked Exhibit “B”, the debts and securities in respect of which the certificate is applied for. The succession certificate is required for the purpose of (d) ……………… The said assets in respect of which the succession certificate is required are of the value of Rs………..

 

(d) Mention the purpose for which the certificate is required.

 

(8)               That no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will annexed to his property and credits.

 

(9)               That no application has been made to any District Court or District Delegate or to any High Court for succession certificate in respect of any debt or security belonging to the estate of the deceased (e).

 

(e) or if made, state to what Court, by what person and what proceedings have been taken.

 

The petitioner therefore prays that a succession certificate may be granted to the petitioner in respect of the debts and securities set forth in Schedule I hereto, with power to collect the said debts and to receive interest or dividend on and to negotiate or transfer the said securities.

I,…………………….the petitioner abovenamed, do swear in the name of God/solemnly affirm that what is stated in paragraphs ………….of this petition is true to my own knowledge and that what is stated in the remaining paragraphs………. is stated on information and belief and I belief the same to be true.

 

Sworn/Solemnly affirmed at…………….

 

This ……………. Day of………20….

 

Before me,

              Assistant, Master/Associate, High Court,……..

 

 [CD1]Petition for succession certificate. (Rule 377)

of authenticated copy of the will are granted to Constituted Attorney