Probate and Succession

 

FORMAT OF P & SC PETITION IN CASE OF DEATH OF A SON.

                 

 

                                                                                                                   P & Sc   :           /12

   IN THE COURT OF  CIVIL JUDGE AT ______

 

Petitioners   :      1.

                       

 

 

                             All are residents of ______, Tq: _____

 

                                                       v/s

 

Respondents :                      Nil

 

      PETITION UNDER SECTION 372 OF INDIAN SUCCESSION ACT

 

In this the above said petitioners beg to submit as under:

That the addresses of the parties of this petition for the purpose of service of summons, notices etc., are as shown in the cause tittle and that of the Advocate is:

                                 ( Name of an Advocate)

1.       One Maheshkumar was the son of Petitioner No:1 & 2 and brother of 3 & 4.  He was working in __________.

2.     __________ died on 26/3/2012 at Shivapurkere.

3.     Deceased ______ had to receive financial benefits from the _________.  After the death of _____ petitioners went to the ________and asked for the payment of the financial benefits available to the deceased _____ .  At this stage the concerned authority said if he brought the succession certificate from the competent civil court, they would pay the financial benefis to the petitioners.

4.     Petitioners are being the legal heirs of the deceased ___, they are entittle for the financial benefits, which available to the deceased Mahesh.

5.     Deceased _____ had not kept any will or other documents, which precludes the petitioners to receive his financial benefits.

6.    CAUSE OF ACTION :  Cause of action to this petition arose on ______when the concerned officer of ______ , instructed the petitioners to produce the succession certificate from the court of law.

7.     JURISDICTION :  Petitioners are the residents of _____in ___taluk and survivvors certificate of deceased ______ is issued by Tahasildar _____, as such this court has got jurisdiction to entertain this petition.

8.     COURT FEE:  The fixed Court Fee of Rs.___ is paid on the petition initially.  The balance of court fee will be paid by the petitioners when the succession certificate will be issued.

9.     PRAYER:  For the above said reasons the petitioners most humbly pray:

i)                    That the succession certificate may kindly be issued in favour of the petitioners to withdraw the financial benefits from the _____.

ii)                 That any other equitable releifs for which the petitioners are entittle be awarded to them.

iii)               Cost of the petition be awarded to the petitioners.

                         Hence the succession certificate may kindly be issued in favour of   

                         petitioners.

 

 

place

DATE       :                                                                                      Petitioners

 

In this We ( name of the petitioners) do hereby state on oath and verify that the contents of the above paras are true and correct to the best of our knowledge and beleif.

 

 

 

Place

DATE      :                                                                                       Petitioners

 

Drafted and Presented by

 

Rajeev S Vadrali, Advocate, Gadag