PETITION FOR THE GRANT OF SUCCESSION CERTIFICATE BY WIDOW





In the Court of District Judge at...............



District...............



Indian Succession Act 1925, Case No. ......... of ……...



In the Goods of (name, address, caste and nationality of the deceased)



And

In the matter of Succession Certificate relating to debts and securities of the estate of the deceased

The humble petition of ............... sole widow of the deceased of No. ............

Respectfully sheweth:

1. That petitioner is the sole widow of the deceased.

2. That deceased named above hereinafter referred to being the said deceased who had been during his lifetime till his death permanently residing and living at said premises ............... within the jurisdiction of this court and was by nationality and faith a Hindu citizen of India ruled by Dayabhaga /Tamil School of Hindu Law, expired intestate on the ......... day of............ at his above stated place of residence.

3. The deceased, at the time of his expiry, left only his widow, the applicant and none else as his successor per Hindu Succession Act 1956.

4. That at the time of his expiry the dead left no son/daughter/father or any grandson or granddaughter by any predeceased son or daughter or any great-grandson or any great-granddaughter by any predeceased grandson and granddaughter or any widow of any predeceased son or predeceased grandson or great-grandson or any other relation given in class I and class II of the Schedule per s. 8 of the said Act.

5. That the dead left at the time of death inter alia assets on which succession certificate is been prayed for to the market value of Rs. ............. A whole and complete schedule of said assets is hereunto enclosed and marked "A".

6. That industries and close searches were under taken by petitioner to find out if dead left any will or disposed otherwise relating to estates, credits , and assets but no such will has been found up till now. Petitioner, therefore, believes/bear reasons to believe that he expired intestate. No letter of administration has been issued relating to property of dead. No application for letter of management or succession certificate is waiting decision in this court or in any other court.

7. That petitioner being same and alike person stated as the sole widow of the dead and she being interested in managing the property of dead.

8. it being clear from facts/circumstances hereinbefore mentioned that there being no obstruction per s. 370 of Indian Succession Act 1925 or any other enactments of said Act or any other provision against the grant of Succession Certificate hereunder prayed to petitioner nor to the legality thereof when allowed.

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

10. That ad valorem duty of Rs. ............ payable relating to grant of Succession Certificate hereunder prayed for has been paid.

11. That this application is made bona fide.

Petitioner, therefore, prays for ordering per below terms:

(i) Succession certificate may be allowed to petitioner relating to assets, properties with credits specified in Schedule "A" hereto empowering to collect and/or receive and/or realise the same inclusive all interests accrued thereon and to sell and/or negotiate and/or deal with the same without any impediment.

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

And petitioner as in duty bound shall ever pay.

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Verification



I, Smt.................... sole widow of the ............... named above resident at No.............. do hereby say and declare that the statements having in paragraphs 1, 2, 3, 4, 5, 6, 7, 8 and 10 of the above petition and also the particulars contained in Schedule ......... including all figures, are true to my best knowledge and those contained in paragraphs 9 and 11 hereof are my presentation to this Learned Court.

Date:

Place:

Deponent