Will Bequeathing all Properties to One Person

THIS IS THE last will and/or codicil, notwithstanding any will made by me at any time heretofore
made and I declare this to be my will. It will be effective after my death. It is my wish and desire
that after my death my wife (or son), CD, shall be entitled to all my estate and effects thereof
absolutely and forever.
I, accordingly, declare him/her as the sole beneficiary and universal legatee of my this will.
I hereby leave, give, devise and bequeath absolutely and forever to my said wife (or son), CD,
her (or his) heirs, executors or administrators, for her (or his) use and benefit, absolutely and
forever, all my property, assets and credits, both movable and immovable, of whatsoever
character or wheresoever situate including all reversion, expectancy and future assets, if any,
acquired by me and I hereby appoint her (or him), the said CD, sole executrix (or executor) of this
my will who will be entitled to obtain probate without being required to furnish any security. Dated
this ……… day of ……… 19……… .
IN WITNESS, I have hereunto set and subscribed my hand and signature this ……… day of
……… 19……… .

Signed by the within-named

testator as his last will and
testament in our presence all being
present at the same time.
Thereafter at his request and in his
presence and in the presence of
one another we subscribed our
respective names
Signature of witnesses

*****

Will with Legacies, Residue to One Person

THIS IS THE LAST will and testament of me, AB, of etc., I hereby revoke all wills by me at any time
heretofore made and declare this to be my last will. This will be effective after my death and
carried out to its terms.
(1) I appoint CD of, etc., to be sole executor of my this will and the trustee of my estate.
(2) I direct that my said executor shall so soon as convenient after obtaining probate pay for
discharge and satisfy all testamentary expenses and my just debts and liabilities.
(3) I accordingly leave, bequeath and give a sum of Rupees ……… to my grandson, EF and
my gold watch and the whole of my library with its use and enjoyment to my friend, GH.
(4) Subject to the above specific legacies I give, leave and bequeath the rest and residue of
my estate, movable and immovable, including future assets if any acquired by me hereafter
absolutely and forever unto and to the use of my son XY, his heirs, executors, administrators or
assigns.
IN WITNESS WHEREOF I have hereunto set and subscribed my hand and signature this ………
day of ………… 1999.

Signed by the within-named

Testator as his last Will and
Testament in our presence all
being present at the same time.
Thereafter at the request of the
Testator and in his presence and
in the presence of one another.
We, XY and MN, subscribed our
respective names

Signed, sealed and delivered by AB

the TESTATOR

Signed by XY in the presence of AB

the TESTATOR and MN

Signed by MN, in the presence of

TESTATOR and XY

*****

Will with Legacies for Children

THIS IS THE LAST will and testament of me, AB of, etc. This will be operative with effect from my
death. I hereby revoke all wills and codicils by me heretofore made.
1. I hereby appoint CD of, etc., and EF of, etc., as the executors of my this will, trustees of my
estate and also the guardians of the person and property of my minor children, GH and IJ, during
the respective periods of their minority. In case any one of the executors fails to obtain probate or
act as trustee and guardian, the other shall act as the sole executor, trustee and guardian.
2. I direct my said executors or executor and trustees or trustee to pay out of my estate a sum
of Rs. 1 lakh to X and a further sum of Rs.1 lakh to Y for their absolute use and benefit and I
hereby give, leave and bequeath the same unto and in their favour absolutely. It is my further
wish and desire that a sum of Rupees 1 lakh should be paid for the expenses of the marriage of
MN of, etc., should I not celebrate his or her marriage during my lifetime and I direct my said
executors or executor and trustees or trustee to pay the same accordingly on the occasion of his
or her marriage.
3. Subject to what are hereinbefore stated, my said executors or executor and trustees or
trustee shall, after defraying the costs, charges and expenses of administration, hold and possess
the entire estate, both movable and immovable, in trust for my children for their maintenance and
support until the youngest of them shall attain the age of 21 years.
4. My said executors or executor and trustees or trustee shall be entitled to convert the
movables only into money which should be invested in the purchase of Government securities or
trustees securities or in loans against the first mortgage of houses and lands or in any other good
and sound investments with power to draw interest, dividends, etc. to alter and vary the same at
their discretion such investment or investments into other investment or investments of the same
or like nature, to be held upon trust as aforesaid.
5. My said executors or executor and trustees or trustee shall look after, manage and keep
and maintain in good repair and develop all my properties, and realise the rents, profits and other
income thereof.
6. I further direct that my said executors or executor and trustees or trustee shall after paying
all my just debts, testamentary and other expenses and the legacies hereinbefore recited, and,
after providing for the costs, charges and expenses of the management and development of the
said properties and for payment of the revenue and taxes spend the surplus of the income for all
the necessary expenses for maintenance and education of my said children during their minority
and on my last child attaining the age 21 years shall divide the remaining property equally among
all my children, when and in such an event the trust hereunder created shall come to an end.
Provided, however, they shall keep and maintain proper account of the estate and file the
same in court once in every six months and get the same audited and passed.
Provided, however, further that in the event of acquisition or compulsory purchase of any
property, the said executors and trustees shall invest the proceeds in purchase of some other
suitable property or properties to be also held by them in trust as aforesaid.
IN WITNESS WHEREOF I have hereunto set and subscribed my hand and signature this ………
day of ……… 1999.

Signed by the within-named

Testator as his last Will and
Testament in our presence all
being present at the same time.
Thereafter at the request of the
Testator and in his presence and in
the presence of one another We
XY and MN subscribed our
respective names
Signed, sealed and delivered by AB
the Testator
Signed by XY in the presence of AB
the Testator and MN
Signed by MN in the presence of
Testator and XY

*****

Will with Legacies and Trust for

Children and Continuation of Business
THIS IS THE last will and testament of me, AB of, etc., I hereby revoke all wills and codicil, if any
heretofore made by me and declare this to be my last will. This will be operative after my death.
1. I appoint CD of, etc., and EF of, etc., (hereinafter called “my trustees”), to be the executors
and trustees of this my will, and also to be the guardians of my children, GH, IJ and KL during the
respective periods of their minority. In case any of them fails to act in any of the offices, the other
will act solely to all intents and purposes.
2. I hereby give, leave and bequeath the following legacies to be paid out of my estate as soon
as possible after my death, viz.,
(a) to MN Rs. 1,000 absolutely and forever,
(b) to XY my radio set and gold watch, also absolutely and forever.
3. Subject to what are hereinbefore stated, I hereby give leave and bequeath the rest and
residue of my estate, movable and immovable, of whatever nature and wherever situate unto the
said trustees upon trust, for the use and benefit of my children and I direct that my trustees shall
upon the youngest of my said children attaining majority divide the residue of the property among
children after making several payments (as in previous precedent, cl. 6.)
4. My trustees may, in their absolute discretion, carry on and continue for such period as they
shall think proper the business of, etc., at the date hereof carried on by me at, etc., either alone or
in partnership with any partner or partners whom I may have admitted therein before my death, or
who, in their discretion, may be admitted by them, without any detriment to the trust of my estate.
And I declare that my trustees shall not be liable to my estate or any person interested therein for
any loss incurred or suffered in carrying on my said business except on account of any wilful
and/or mala fide act, default, negligence on their part or wrongful conversion or misappropriation
of its funds and assets and not otherwise and that every trustee hereof shall be fully indemnified
out of my estates against all liability which he may incur in connection therewith.
PROVIDED HOWEVER that they shall keep and maintain proper account of the estate and file the
same in court once in every six months and get the same audited and passed.
PROVIDED HOWEVER further that in the event of acquisition or compulsory purchase of any
property the said executors and trustees shall invest the proceeds in purchase of some other
properties also to be held by them in trust as aforesaid.
IN WITNESS WHEREOF the said AB testator has executed these presents on the day, month and
year mentioned hereinabove in the presence of OP and PQ.

Signed by testator AB
Signed and sealed by CD and EF
the trustees in token of acceptance
of the Office of Trustees
Signed by OP in the presence of AB
the testator and PQ
Signed by PQ in the presence of AB
the testator and OP

*****

Codicil Substituting New Executor for Deceased One

THIS IS a codicil to the last will and testament made and published by me, AB of, etc., on the
……… day of ………2000.
WHEREAS in my said will I had appointed CD of, etc., to be one of the executors and trustees
thereof. And whereas the said CD having died, on the day or lately (if the date of death is not
known), I am desirous of substituting EF of, etc., as the executor and trustee of my said will in the
place and instead of the said CD. Now by this codicil I revoke the appointment of the said CD and
I do appoint EF to be one of the executors and trustees of my said will in the place of the said CD
deceased, and I do hereby and hereunder declare that my said will shall be read interpreted and
construed and understood throughout as if the name of the said EF had been inserted in my said
will instead of the name of CD save as aforesaid. I do ratify and confirm my said will in all other
respects.
IN WITNESS WHEREOF I have hereto set and subscribed my hand and signature this ……… day
of ……… 2000.

Signed by the within-named

Testator as his last will and
Testament in our presence all
being present at the same time.
Thereafter at the request of
Testator and in his presence
and in the presence of one
another we subscribe our
respective names
Signed by AB the Testator
Signed by MN in the presence of
AB and PQ
Singed by PQ in the presence of
AB and MN

*****

Codicil with New Bequests on Death of a Legatee

THIS IS A CODICIL to the last will made and published by me, AB of, etc., on the ……… day of ……
2000.
WHEREAS CD, one of the residuary legatees named in my said will having died since the date
thereof (exact date to be given, if known), the legacy thereunder bequeathed unto and in his
favour shall after my death fail and form a part of my general estate which was never intended by
me. And whereas in the circumstances aforesaid it is my wish and desire that the said legacy
shall go to his brother EF. Now by this codicil I do hereby give leave and bequeath the same unto
and in favour of his brother, EF. Provided, however, and in case the said EF shall also
predecease me, (which May God Forbid) then and in such an event the same shall pass unto and
vest in GH and LJ, the two sons of the said EF, in equal shares absolutely and forever. And in all
other respects I confirm my said will.
IN WITNESS WHEREOF I have hereunto set and subscribed my hand and signature this
………… day of ……… 2000.

Signed by the within-named

Testator as his last Will and
Testament at the same time.
Thereafter at the request of
Testator and in his presence
and in the presence of one
another we subscribe our
respective names
Signed by AB the Testator
Signed by MN in the presence of
AB and PQ
Signed by PQ in the presence of
AB and MN

*****
 Bequest Absolute of Land in Trust
for Religious uses with a Direction to
Found a Temple and Carry out Maintenance
of the Deity and other Expenses from the Money
Raised from Sale of Property Existing at the Testator’s Death
THIS IS THE LAST WILL and testament of AB, son of ……… This will be effective after my death.
I hereby revoke all wills, codicils and other testamentary dispositions heretofore made by me
and declare this to be my last will and testament. I appoint CD as the executor of my this will and
the trustee of my estate. He will be entitled to obtain probate without being required to furnish any
security. It is my wish and desire that my land situate at …… fully mentioned and described in the
schedule below shall be given to and utilised for the service of a deity to be named as ……… to
be consecrated and established after my death by the said executor and trustee in a temple also
to be constructed by him for which purpose and in order to raise capital he will sell and convert
into money all the machinery, plants, stock-in-trade and other assets of my trade or business
carried under the name and style of ……… at ……….
Accordingly I hereby leave and I bequeath my land situate at ……… in the city of …… in the
district of ……… and more particularly described in the schedule hereto and all the plants,
machinery, stock-in-trade and other assets of my said trade or business at the time of my death,
and also the goodwill thereof and all the book and other debts which shall then be due or owing to
me on account of the said trade or business and all the moneys, securities, goods, credits and
effects whether of the said trade or business or otherwise belonging to me at my death (subject to
what I may otherwise dispose of during my lifetime or by any codicil hereto) unto and to the use of
CD, son of etc.
TO HAVE AND TO HOLD the same upon trust with power to sell and convert into money all such
parts thereof, except the said land. I direct that out of the money so realised and out of such
money as I did possessed of at my death, the said CD shall at the first instance pay for discharge
and satisfy all my funeral and testamentary expenses, death-bed charges and other just debts
and liabilities and after payment thereof construct and build a temple on the said land and which,
when completed, will be the property of the deity to be installed and named “Shree Shree
Radharamanji Maharaj”. I further direct that the said CD shall invest the surplus of the said
moneys lying in his hands after the construction of the temple in such Government or other
securities, shares and debentures all to be held by him in trust as aforesaid and shall, out of the
interest or dividends etc. of such investments, carry out the worship or seva of the said “Shree
Shree Radharamanji Maharaj”. I appoint the said CD as also to act as shebait of the said deity
when consecrated and established as aforesaid who shall have power to nominate and/or appoint
his successor or successors in office and in the absence thereof his descendants shall act as
trustees and shebaits. If the said CD shall die without nominating his successor and leaving no
descendants or he or they refuse and/or neglect to perform the duties of the shebait or otherwise
become unfit or personally incapable to act in the said trust, then, and in every such case, it shall
be lawful for my heirs and legal representative to remove him or them from the office of the
trustee and appoint another in his or their place and stead, failing which a new trustee shall be
appointed by the court of competent jurisdiction.
Dated this ……… day of ……… 2000.

The Schedule above referred to

IN WITNESS, etc. (see first precedent)

Signed by etc. (see first precedent) AB

*****
 Codicil with Bequest and Authority to Widow to Adopt
THIS IS CODICIL of me, AB, of etc., to my last will and testament dated the ……… day of ………
and which I direct to be treated as part thereof.
1. I leave, give and bequeath the sum of Rupees ……… to each son and Rupees ……… to
each daughter of my deceased daughter, CD living at the time of my death for their absolute use
and benefit and I direct that the legacy hereby given to each such son or daughter, who shall
have attained the age of 21 years or married under that age, shall be paid to him or her, as the
case may be, as conveniently as possible after my death, and that the legacy hereby given to
each and every such son or daughter, who shall not have attained the age of 21 years or married
under that age, shall be invested in Government securities in the names or name of my trustees
or trustee, who shall stand possessed thereof in trust to transfer, assign and make over the same
to him or her, whose legacy is represented thereby, upon his or her attaining the age of 21 years
or marrying under that age, and, in the meantime and until it is transferred, assigned and made
over, in trust to receive the accumulated interest of the said legacy or Government securities
investing such interest, from time to time as circumstances admit, in Government securities also. I
direct that each of the bequests by me hereinbefore made shall be deemed and taken to have
vested in the several legatees, to whom they are by me bequeathed, immediately upon my death,
and that, out of the accumulated interest on the legacies aforesaid, shall be defrayed the
expenses for education of those children, and that in case of any of the said legatees dying at any
time after my death, his or her legacy shall be payable to his or her executor, administrator or
heir.
2. I hereby give my wife, the said EF, authority, power, and liberty to adopt a suitable boy as
my son; in the event of such adopted son dying without leaving a widow or male issue, to adopt
another boy, and in the same way on the death of such adopted son without leaving a widow or
male issue to adopt another boy successively.
3. Subject as aforesaid I confirm my said will.
IN WITNESS WHEREOF, I have hereunto set and subscribed my hand and signature this ………
day of …… 1999.
Signed by the within named
Testator as his last Will and
Testament in our presence all
being present at the same time.
Thereafter at the request of
Testator and in the presence of
one another we subscribe our
respective names

Signed by AB the Testator

Signed by MN in the presence of

AB and PQ

Signed by PQ in the presence of

AB and MN

*****
 Codicil Revising Will and
Providing for Wife and Future Children
THIS IS A CODICIL to the will of me, AB, of, etc., which bears date the ……… day of ………
WHEREAS since the date of the said will I have married CD I hereby revise my said will.
NOW I HEREBY leave, give and bequeath to my said wife for her life the annual sum of
Rs. ………, from the day of my death to be paid to her by equal monthly payments. And I declare
that my child or children by her shall participate equally with my other children in my general
movable and immovable property according to the trusts of my said will. Subject as aforesaid I
confirm the said will.
IN WITNESS WHEREOF I have hereunto set and subscribed my hand and signature this ………
day of ……… 2000.
Signed by the within named Testator as his last will and
Testament in our presence all being present at the same
time. Thereafter at the request of Testator and in his
presence and in the presence of one another we subscribe
our respective names
Signed by AB the Testator
Signed by MN in the presence of
AB and PQ
Signed by PQ in the presence of
AB and MN

*****

Will with Provision for Appointment of Trustee for a School

I, ……… son of ……… hereby declare this to be my last will thereby revoking all or any previous
wills or codicils made by me and devise and bequeath my estate as follows:
After defraying the expenses of administration of my said estate and obtaining probate or
letters of administration with the will annexed and after meeting all expenses of my funeral and
construction of the samadhi as provided in the will and after paying off all debts or liabilities that
may be owing from me to any other person or persons, I hereby bequeath and devise all my
movable and immovable properties including choses-in-action and trade-mark and patent rights
unto—
(1) Shri ……………................................... of ……………………..................
(2) Shri ……………................................... of ……………………..................
(3) Shri ……………................................... of ……………………..................
(4) Shri ……………................................... of ……………………..................
(5) Shri ……………................................... of ……………………..................
jointly as trustees of my said estate for the purpose of establishing and maintaining a school for
the education of the children of poor persons specially those belonging to the scheduled castes
and of beggars and unattached children.
 The said trustees shall be entitled to convert all my properties and assets into any kind of
Trustees’ security and keep the same invested in such securities as they deem fit in order to carry
out the purposes of the trust and change the same.
The school shall be named ……… and shall consist of kindergarten, primary and secondary
classes, so as to equip each child with an appropriate mode of living and becoming a good citizen
of India having knowledge of arts and science suitable to the mental equipment of each such
child and making him physically fit to bear the burden of life thereafter. The said school shall have
attached residential boarding house where each child shall receive enough individual attention
and shall be brought up in a decent and orderly way of life.
No fees shall be charged in the said school and the children shall be clothed and fed properly.
For the purposes of carrying out the objects of the trust, the trustees may establish and maintain
a dairy, a laundry, workshop and/or any other institution which they may consider suitable or
advisable to assist them in the duties aforesaid.
In case State aid should become necessary, the trustees shall be entitled to apply for the
same and observe the rules and regulations that may be imposed upon them by the State, which
may override any of the instructions hereby given by me.
The trustees are directed to set apart a sum of Rs. ………… to be utilized for the building of a
samadhi in my name at any appropriate place, whereto should be attached small resting place for
travellers which should be equipped with a well and other necessary amenities of life.
I have no wife nor any children. But in case any near relation of mine should on account of
poverty be unable to maintain and educate his or her children, such children should be given
preference in the admission to the aforesaid school.
IN WITNESS WHEREOF I have hereunto set and subscribed my hand and signature this ………
day of 2000.
Signed by the within named
Testator as his last Will and
Testament in our presence all
being present at the
sametime. Thereafter at the
request of Testator and in his
presence and in the presence
of one another we subscribe
our respective names

Signed by AB the Testator

Signed by MN in the presence of

AB and PQ

Signed by PQ in the presence of

AB and MN

*****

Petition for Revocation of Probate

In the Court of ……………
Case No. 3 of 1999
AB of …………….… Petitioner
versus
XY of ……………… Opposite Party
 Petition for revocation of Probate.
(Under s. 263 of the Indian Succession Act 1925)
The humble petition of the petitioner
above-named
MOST RESPECTFULLY SHEWETH:
1. The opposite party XY by filing Case No. 3 of 1999 obtained a Probate/Letters of
Administration, by suppressing the material facts which if disclosed would have disentitled him
from obtaining the Probate/Letters of Administration.
2. That the material facts are as follows:
(a) the proceedings were defective because of …………
(b) false suggestions were made and material facts were suppressed such as …………
(c) untrue allegations of a fact essential in point of law to justify grant was made.
3. That the applicant having practising fraud upon the Learned Court and by suppressing
material facts have obtained the Probate/Letters of Administration of the Will which had been
revoked. A later Will was made and has since been discovered.
The petitioner, therefore, prays that the Probate/Letters of Administration may kindly be
revoked and further orders be passed as may deem fit and proper.
Signature

Verification
I, AB ………… son of ………… GB ………… by occupation service do hereby solemnly affirm
and say as follows:
1. I am the petitioner herein.
2. The statements in paragraphs 1, 2 and 3 of the foregoing petition are true to my knowledge
as also based on information derived from records of the proceedings in this Learned Court and
believed by me to be true.
3. The statements in the foregoing paragraphs are true to my knowledge.
I sign this verification on this ……… day of October 1999 at the Court Premises at Alipore.
Before me Identified by Clerk
of Advocate
Commissioner of Oath
or as the officer may be
Advocate for Petitioner

*****

Application for Revocation of Succession Certificate

In the Court of ……………
Case No. 5 of 1999
Mrs. X wife of Late Mr. Z ……… of ………… Petitioner
versus
Mr. BC of ……………............................. Opposite Party
Petition for revocation of the Succession Certificate
(under s. 383 of the Indian Succession Act 1925)
 The humble petition of the petitioner
above-named
MOST RESPECTFULLY SHEWETH:
1. The opposite party filed an application for grant of Succession Certificate in Case No. 5 of
1999. The opposite party obtained a Succession Certificate in respect of the debts of the
deceased Mr. Z on 5th May 2000.
2. Your petitioner is the widow of the deceased. As the nearest relation your petitioner was
entitled to obtain the Succession Certificate for recovering the debts of the deceased.
3. That the opposite party is a step-son of the petitioner. He knew the petitioner being the
nearest relation is entitled to be served with the notice of such application. However, the opposite
party fraudulently suppressed the name of the petitioner in the application and consequently no
notice was issued to the petitioner by the Learned Court and the Succession Certificate was
issued without hearing the petitioner.
By reasons of the aforesaid, it is humbly prayed that the Succession Certificate granted to the
opposite party be revoked and further and consequential orders be passed as to this Learned
Court may deem fit and proper.
Signature
Verification
I, Mrs. X wife of late Mr. Z residing at ………… do hereby solemnly affirm and say as follows:
1. The statements in the paragraphs 1, 2 and 3 of the foregoing petition are true to my
knowledge and also based on information derived from the records of the proceedings of this
Learned Court and believed by me to be true.
2. The statements hereinabove in the verification are true to my knowledge.
I sign this verification on this ………… day of October 1999 at the Court House at Alipore
Judges’ Court.
Before me Deponent
Oath Commissioner Identified by
or as the officer may be Clerk of Advocate
Advocate of Petitioner

*****

Objection to Petition for Grant of Probate

In the Court of the Civil Judge (Senior Division)
Alipore
Original Petition No. 5 of 1999
In the matter of:
The Will of S. Mohanta, the deceased
And
In the matter of:
A. Vaisnab, residing at 5 Brindaban
Road, Calcutta
Plaintiff
versus
 G. Avadhoot, residing at 6 Brindaban
Road, Calcutta
Defendant
The humble petition of the defendant
above-named most respectfully
SHEWETH:
1. The plaintiff claims to be the executor of an alleged Will of the said S. Mohanta dated 5th
June 1985 and claims to have the said Will established.
2. The defendant disputes the validity of the said Will.
3. The defendant states that the said Will and Codicil of the deceased were not executed in
accordance with the provisions of the Indian Succession Act 1925.
4. The deceased at the time of execution of the said Will and Codicil was not of sound mind,
memory and understanding.
5. The defendant states that the execution of the said Will and Codicil was procured by undue
influence by the plaintiff.
6. The plaintiff fraudulently obtained the signatures of the said deceased on the Will and
Codicil by fraud representing to him that the said documents were required to be executed for the
purpose of inducting tenant in the said premises. The said deceased due to failing eyesight was
not in a position to read the documents and did not read or understand the said documents. The
deceased did not understand the nature or the contents of the said Will and Codicil.
7. Ten years prior to the said purported Will and Codicil the said deceased in sound mind,
memory and understanding and with full vision and eyesight executed a Will written by his own
hand and duly executed the same in presence of two respectable witnesses appointing the
defendant as the Executor thereof. A copy of the said Will dated 5th June 1975 is annexed hereto
marked “A”.
8. The defendant states that the Will and Codicil relied on by the plaintiff be declared null and
void and the Probate granted to the plaintiff be cancelled.
In the premises the defendant claims:
(a) declaration that the said Will and Codicil of which the plaintiff
obtained the Probate is null and void;
(b) delivery of the said Will and Codicil and Probate granted and on
such delivery cancellation thereof;
(c) further and other reliefs.

Verification
I, G. Avadhoot son of late B. Avadhoot by occupation landlord residing at 6 Brindaban Road,
Calcutta do hereby solemnly affirm and say as follows:
1. The statements in the paragraph Nos. 1 to 8 hereinabove are true to my knowledge derived
from records maintained by me and the proceedings in this Learned Court and Mr. X and Mr. Z
the witnesses to the said purported Will and Codicil on the basis of which the plaintiff obtained the
Probate and believed by me to be true.
2. I sign this verification on this 5th day of January 2000 at the Court House at Alipore.

Sd/ G. Avodhoot
Identified by me

Advocate for the

Defendant
 *****

Petition of Consent to Grant of Succession Certificate

District: South 24-Parganas
In the Court of the Learned District Delegate at Alipore
Act 39 Case No. 363 of 1996
(Succession)
In the matter of:
Abdul Khalik since deceased of 2 Bagan
Road, Calcutta 700 024, Police Station–
Metiaburuz, District–South 24-Parganas,
by faith Muslim and Nationality Citizen of
India
And
In the matter of:
An application for grant of Succession
Certificate in respect of Back Wages
amount lying at the office “The Air
Corporation of India Ltd.” at 7 Roy Road,
Calcutta 700 001 of Abdul Khalik since
deceased under s. 372 of the Indian
Succession Act 39 of 1925
And
In the matter of:
Jamina Bibi, widow of deceased Abdul
Khalik residing at 2 Bagan Road, Calcutta
700 024, Police Station–Metiaburuz,
District–South 24- Parganas
...................Applicant
The humble petition of:
(1) Abdul Manna
(2) Abdul Hanan
(3) Abdul Kanna
All sons of deceased Abdul Khalik
residing at 2 Bagan Road, Calcutta
700 024, Police Station– Metiaburuz,
District–South 24-Parganas
(4) Amina Khatoon, Married daughter of
Abdul Khalik and wife of Late Md. Rahim,
residing at 2 Bagan Road, Calcutta
700 024, Police Station–Metiaburuz,
District–South 24- Parganas
(5) Khaira Banu, Unmarried daughter of
deceased Abdul Khalik residing at
2 Bagan Road, Calcutta 700 024, Police
Station–Metiaburuz, District–South
24-Parganas
MOST RESPECTFULLY SHEWETH:
1. That the deceased above-named died intestate on or about 10th day of July 1995 at about
11-30 p.m. at the Calcutta Medical College and Hospital, Calcutta, leaving behind him his widow
Jamina Bibi three sons and two daughters and that the deceased left no other heirs and legal
representatives.
2. That the applicant Jamina Bibi is the mother of your petitioners and she is one of the heirs
and legal representatives of the deceased.
3. That your petitioner’s said mother has applied for grant of the Succession Certificate in her
name in respect of the goods and assets and securities and debts of our father Abdul Khalik
since deceased.
4. That the petitioners above-named as the other heirs of the deceased do hereby give our
consent to the grant of such Succession Certificate to the applicant Jamina Bibi and that your
petitioners have no objection to the grant of the Succession Certificate to be issued in her favour
by this Learned Court.
5. That this application is made bona fide and for the ends of justice.
Under the circumstances set forth above Your Honour would be
graciously pleased to note and record the consent and no objection of
your petitioners to the issue of Succession Certificate in favour of
Jamina Bibi, widow of the deceased Abdul Khalik and pass such other
order or orders as to Your Honour may seem fit and proper.
And your petitioners as in duty bound shall ever pray.

Verification
We, the petitioners above-named do hereby declare that the statements made in paragraphs 1
to 4 of the foregoing petition are true to our knowledge and the rest are our humble submission
before this Learned Court. We sign this verification this the........... day of ……… 1996 at our
Advocate’s Chamber.

Prepared in my office Signatures

Read over and explained in 1.

Bengali and Hindi 2.
3.
4.
Advocate 5.

Act 39 Case No. 363/96, granted on 18.6.97 (7th S.J.)

High Court Form No. (J) 55

*****

Succession Certificate
Section 377 of the Indian Succession Act 1925
In the Court of the District Delegate at Alipore
Jamina Bibi, widow of Abdul Khalik residing at 2 Bagan Road, Calcutta 700 024, District–
South 24-Parganas.
 Whereas you applied on the 28th August 1996 for a certificate under Part X of the Indian
Succession Act 1925 in the matter of the Estate of deceased, in respect of the following debts
and securities, namely:
Abdul Khalik
Payment of back wages of Rs. 50,000 (Rupees fifty thousand) only with interest accrued
thereon if any and lying at “The Air Corporation of India Ltd.” having its office at 7 Roy Road,
Calcutta 700 001 is standing to the credit in the name of deceased Abdul Khalik, in terms of its
letter of 28th August 1995.
This Certificate is accordingly granted to you and empowers you to collect those debts and to
receive interest or dividends on ……… to negotiate or transfer ……… both to receive interest or
dividends on and to negotiate or transfer the same or any to them.
Succession Certificate issued on a
Stamp Duty of Rs. 1,400.

Dated this 19th day of June 1997 Sd/- District Judge or

Delegate 7th Sub-
Judge 19th June 1997

Seal

Seal of the Court of the District Delegate

South 24-Parganas, Alipore.

*****