IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT

SAKET COURTS NEW DELHI

In the matter of : P C No. ____/2020

…………………………………… ………….PETITIONER

VERSUS
STATE & ORS ………….RESPONDENTS
INDEX

Sl.No. Particulars Court Pages

Fee
1. MEMO OF PARTIES A

2. PETITION UNDER SECTION 278 OF THE 1-8

INDIAN SUCCESSION ACT ALONGWITH
SUPPORTING AFFIDAVITS
3. ANNEXURE 'A' ORIGINAL DEATH 9
CERTIFICATE OF DECEASED
4. Annexure 'B' THE PHOTOCOPIES OF 10-16
PROPERTY DOCUMENTS OF PROPERTY
BEARING NO. 1294 GALI NO.8, GOVIND
PURI KALKAJI NEW DELHI-110019 IN
FAVOUR OF THE DECEASED WITH
PHOTOCOPY OF HOUSE TAX RECEIPT OF
THE PROPERTY IN FAVOUR OF THE
DECEASED
5. ANNEXURE ‘C’ THE PHOTOCOPY OF 17
DEATH CERTIFICATE OF LATE ,,,,,,,
6. ANNEXURE D MEDICAL RECORD OF 18-21
DECEASED
7. ANNEXURE ‘E’ ORIGINAL WILL 22

8. ANNEXURE ‘F’ LIST OF LEGAL HEIRS 23

9. ANNEXURE ‘G’ DETAILS OF ESTATE OF 24

DECEASED PHOTOCOPY OF DECEASED
10. LIST OF ANNEXURE ‘H’ PHOTOCOPIES 25-26
OF ID OF DECEASED and PETITIONER
12. VAKALATNAMA 27
Duplicate Set
Note: No similar case has been filed on the same cause of action.

Petitioner

Through
Deepak Acharya,
Advocate
,
 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
……………………………………

………….PETITIONER
VERSUS
STATE & ORS ………….RESPONDENTS

MEMO OF PARTIES

…………………………………… PETITIONER

VERSUS

1. STATE
2. . …………………………………… RESPONDENTS

Petitioner
Through
New Delhi Deepak Acharya,
Dated :02/11/2020 Advocate
 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
…………………………… ………….PETITIONER

VERSUS
STATE & ORS ………….RESPONDENTS

PETITION UNDER SECTION 278 OF THE INDIAN

SUCCESSION ACT FOR THE GRANT OF LETTERS OF
ADMINISTRATION IN RESPECT OF THE ESTATE OF
LATE SMT. ……………………………………RESIDENT OF
PROPERTY BEARING NO. ……………………………………

AND

In the matter of :

…………………………………… PETITIONER

VERSUS

1. STATE
2. ………………………………… RESPONDENTS

MOST RESPECTFULLY SHOWETH:

1. That the petitioner, namely Sh. …………is the son of the

brother of the deceased Smt. ………….( Bua) and is one of the

surviving legal heirs of Late Smt. ………….., who last resided

at No. …………………….., the deceased expired on ……. The

death certificate of the deceased is annexed herewith as

Annexure ‘A’.

2. That the deceased owned immovable property i.e. No.

………… and movables lying inside the house which was

 owned by her by her from her own funds and resources. The

Photocopies of documents are filed herewith as Annexure B.

3. That the Husband of the deceased Late …………….has

predeceased the deceased Smt. ……………on ,,,,,,,,,,,. The

copy of death certificate of Late …………….is annexed

herewith as Annexure ‘C’.

4. That the family tree of the deceased is as follows:

A. SMT. ………….. SISTER

B. ……………………. NEPHEW
C. SH. ………………. NEPHEW

5. That the deceased was diagnosed with cancer and during the

traumatized period nobody took care of her except the

petitioner/ ……………, he used to remain with her and took

care as his own mother and all expenses were borne by the

petitioner only. The medical record is field here with as

Annexure D.

6. That the deceased thus was always desired that the petitioner

who had been taking care of her and as he does not have any

shelter of his own, she should repay him with something that he

should cherish and thus she executed her Will in the presence of

the witnesses, thereby bequeathed her property in favour of the

petitioner herein, as he was the only person who was taking

care of the deceased during this period.

7. That the petitioner was not in the knowledge of the Will

Executed by the deceased in his favour, and after her demise he

 continued to reside in the house and was regularly maintaining

the house, in the year 2016 during deepawali the petitioner was

cleaning an almirah and he found the “Will dated …….”, which

had been executed by the deceased bearing her thumb

impression and signatures of two witnesses, in his favour, when

he had a word with the respondents they stated that they would

decide later and then all kept quite, when the petitioner again

called in last week of October 2018, to finally decide the issue

they stated that they have no objection to the will. The Original

Will dated …….is annexed herewith as Annexure ‘E’.

8. The petitioner then met the witnesses who had signed the WILL

executed by the deceased he was informed by them that she had

during her life time executed a Will in favour of the petitioner

and wished that the estates belonging to her shall devolve

wholly in favour of the petitioner and none else.

9. That the petitioner is the legal heir of the deceased who was a

Hindu by religion and has left behind her, no other legal heir

except the petitioner and respondent no.2 herein. List of legal

heirs is annexed herewith as Annexure ‘F’.

10.That the deceased was possessing only this immovable property

as mentioned in the schedule. The probate of the WILL in

question is being sought with regard to the aforesaid estate of

late deceased. The statement/ details of the estate is given in

Annexure ‘G' herein. That the photocopies of ID proof of

deceased and petitioner are filed as Annexure H, apart from the

 relations as shown in Annexure ‘F' there are no other

surviving family members of the deceased.

11. That to the best of the knowledge of the petitioner the WILL

dated ………..executed by deceased Smt. …….is her last

WILL and testament in presence of witnesses namely Sh.

……..& Sh. ……and no proceedings in respect thereof have

been filed by him or any near relations and anyone else in

respect thereof, or otherwise till date, the witness ………..has

left the premises where he was residing and hence the petition

has been filed on the Verification of Sh. …………..

12. That the deceased was permanent resident of Delhi and the

property is situated in Delhi and hence this Hon'ble Court has

jurisdiction to try and decide the present proceedings for the

grant of probate/letters of administration, to the last WILL and

testaments of the deceased Smt. …………..dated ……..

13. That there is no legal impediment as to why the grant of

probate/letters of administration to the properties under

reference of late Smt. ……… as shown in detail in Annexure ''

herein, be not granted in favour of the petitioner.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court

may kindly be pleased to grant a certificate of probate/letters of

administration of properties as mentioned in Annexure “E'' in

accordance to the last WILL of late Smt. ……..dated ……….

in favour of the petitioner.

 Any other relief which this Hon’ble Court may deem fit and

proper in the facts and circumstances of the case be also granted

in favour of the defendants and as against the petitioner and as

against the respondents.

New Delhi Petitioner

Dated : Through:
Deepak Acharya
Advocate
Verification :

I, ……………………………………, the above named petitioner do hereby

verify that the contents of para no. 1 to … of the above said petition

which are true and correct to the best of my knowledge and last para is

prayer before this Hon’ble Court. Verified at Delhi on this ….. day of

…..,2018.

Petitioner
VERIFICATION BY ATTESTING WITNESSES:

I, …………………………………do herby confirm that I being one

of the witnesses to the last will dated …………made by Late

Smt. …………, enclosed with this petition, declare that the

deceased Late Smt. ……..has put her thumb impression on the

said will in the presence of me and one Sh. ……………and at

that time the deceased was having full knowledge and

understanding of the contents of the will. The deceased read and

understood the contents of her said will and admitted before me

the correctness of the contents of the said will and it was her last

will and testaments

Attesting Witness/ …………………….

 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
…………………………………… ………….PETITIONER

VERSUS
STATE & ORS ………….RESPONDENTS

AFFIDAVIT
Affidavit of …………………………………, I the above named deponent do
hereby solemnly affirm and declare as under:

1. That the deponent is petitioner in the above noted matter and is

well conversant with the facts and circumstances of the case
and am competent to swear this affidavit.
2. That the deponent states that the accompanying petition for
grant of Probate of the Will dated ………..has been drafted by
my counsel under my instructions and the contents of the same
have been read over and explained to me in my vernacular
language and I have understood the same.
3. That the contents of the same are true and correct to my

knowledge.

DEPONENT

VERIFICATION:
Verified at New Delhi on this the ….day of ………..that the contents of
para No. 1 to 3 of the above affidavit are true and correct to my
knowledge and no part of it is false and nothing material has been
concealed there from.

DEPONENT
 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
………………………………… ………….PETITIONER

VERSUS
STATE & ORS ………….RESPONDENTS
AFFIDAVIT

Affidavit of Sh. …………………………………aged…yrs, I, the above named

deponent do hereby solemnly affirm and declare as under:

1. That the deponent is one of the witnesses to the last WILL dated
…..of the Testator Late Smt. Surjeet Kaur, and declares that he was
present and saw the testator who affixed his signatures thereto and the
contents of the WILL were read over and explained to him by the
deceased.
2. That the deponent has seen the deceased putting her thumb impression
signing and executing the Will dated ……in her presence and in the
presence of another witness i.e. ………. was also present and had also
signed being the last will of the testator Smt. …………..
3. That the contents of the same have been read over and explained to
deponent and he states that the same are true and correct to his
knowledge.
Deponent

VERIFICATION :-

Verified at Delhi on this the …. day of November, 2018 that the contents

of above affidavit are true and correct to my knowledge and

Deponent
 ANNEXURE ‘ F ’
IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
…………………. ………….PETITIONER
VERSUS
STATE & ORS ………….RESPONDENTS

List of Legal Heirs left behind by the deceased

Relationship with deceased

A. ……………………………………
B. ……………………………………
C. ……………………………………
D. ……………………………………

New Delhi Petitioner

Dated : Through:

Deepak Acharya,
Advocate
 ANNEXURE G'
IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
…………………………………… ………….PETITIONER

VERSUS
STATE & ORS ………….RESPONDENTS

S C H E D U L E/ LIST OF IMMOVABLE & MOVABLE ASSETS OF

THE DECEASED.
a. ……………………………………
(Valuation as per Circle Rate) RS……………../-

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

Total value Rs………………../-

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

(Rupees …………………………………………….only)

New Delhi Petitioner

Dated :02.11.2018 Through:

Deepak Acharya,
Advocate
 IN THE COURT OF DISTRICT & SESSIONS JUDGE SOUTH EAST DISTRICT
SAKET COURTS NEW DELHI
In the matter of : P C No. ____/2018
…………………………………… ………….PETITIONER
VERSUS
STATE & ORS ………….RESPONDENTS

KNOW ALL to whom these present shall come that I, ……………………………………

the above named Petitioner do hereby appoint:
Deepak Acharya,
Advocate
(herein after called the advocate/s) to be my/our Advocate in the above noted case authorize
him/them :-

1. To act, appear and plead in the above-noted case in this Court or in any other Court in which the
same may be tried or heard and also in the appellate Court including High Court subject to payment
of fees separately for each Court by me/us.
2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions
review revision, withdrawal, compromise or other petitions or affidavits or other documents as may
be deemed necessary or proper for the prosecution of the said case in all its stages subject to
payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any differences or disputes that
may arise touching or in any manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other
acts and things which may be necessary to be done for the progress and in the course of the
prosecution of the said case.
7. To appoint and instruct any other Legal Practitioner authorising him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think fit to do so and to sign the
power of attorney on our behalf.
8. And I/We the undersigned do hereby agree to rectify and confirm all acts done by the Advocate or
his substitute in the matter as my/our own acts, as if done by me/us to all intents and proposes.
9. And I/We undertake that I/We or my/our duly authorised agent would appear in Court on all
hearings and will inform the Advocate for appearance when the case is called.
10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute responsible for
the result of the said case.
11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall
receive and retain for himself.
12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee
agreed by me/us to be paid to the advocate remaining unpaid he shall be entitled to
withdraw from the prosecution of the said case until the same is paid up. The fee settled is
only for the above case and above Court. I//we hereby agree that once fee is paid, I/We
will not be entitled for the refund of the same in any case whatsoever and if the case
prolongs for more than 3 years the original fee shall be paid again by me/us.
IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the
contents of which have been understood by me/us on this….day of ,,,,,,,,,,,2020.

Accepted subject to the terms of the fees.

Advocate Client Client