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PROBATE Of SHIV RAM

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PROBATE Of SHIV RAM

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IN THE HON’BLE COURT OF DISTRICT AND SESSION JUDGE, SOUTH-

EAST DISTRICT, SAKET, DELHI.

PROBATE PETITION NO……...2024

IN THE MATTER OF: -

SHIV RAM SINGH

S/O LATE RAM SINGH


H.NO. 540, GALI NO 6, LAKHPAT COLONY
PART-2 (KHASRA NO.365), MEETHAPUR EXTN.,
BADARPUR NEW DELHI-110044……….………… PETITIONER

Vs

1. THE STATE

(GOVT. OF NCT OF DELHI)

2. SH. RAJBAHADUR SINGH


S/O LATE RAM SINGH
3. SH. RANVEER SINGH
S/O LATE RAM SINGH
4. SMT. PUNAM
D/O LATE RAM SINGH

RESIDENTS OF:-

H.NO. 540, GALI NO 6, LAKHPAT COLONY


PART-2 (KHASRA NO.365), MEETHAPUR EXTN.,
BADARPUR NEW DELHI-110044…………………RESPONDENTS

PETITION FOR PROBATE OF WILL OF LATE SH. RAM


SINGH S/O LATE SH. TODI SINGH EXPIRED ON 04.09.2024
IN FAVOUR OF SHRI SHIV RAM SINGH UNDER SECTION
276 OF INDIAN SUCCESSION ACT, 1925

MOST RESPECTFULLY SHEWETH:


1 That the above-named Late Sh. Ram Singh S/O
Sh. Todi Singh (hereinafter referred to as said deceased) who being a
Hindu ruled by Hindu Succession Act expired on 04.09.2024 at Delhi
and he was permanent resident of bearing H.no. 540, Gali no.6, Lakhpat
Colony Part-2(khasra No. 365), Meethapur Extn. Badarpur New Delhi-
44 within the jurisdiction of this court. The copy of death certificate is
annexed herewith as Annexure P1.

2. That the said deceased left a writing, which is his last Will and testament
in respect to the properties as follows: -
a) H.no. 540, Gali no.6, Lakhpat Colony Part-2 (khasra No. 365),
Meethapur Extn. Badarpur New Delhi-44.

The said writing, hereinafter referred to as the WILL, is annexed


herewith as Annexure P2.

3. That the said WILL dated 07/04/21 was signed by


Sh. Ram Singh in presence of two witnesses namely Mr. Subhash Prasad
and Mr. Avinash Kumar who also signed and put their thumb
impression thereon.

4. That the petitioner is the sole beneficiary of the said WILL.

5. The value of properties which will come to petitioner's hands in case of


probate of the WILL or letters of administration with a copy enclosed
thereto being allowed does not exceed the aggregated sum of Rs. 35
Lakh (approx.).

6. That the deceased was a Hindu ruled by Hindu Succession Act (Act 30 of
1956) and at the time of his death he left the following and none other
relations who would have been her successors in case of intestacy under
the said Act.
Name, address, age and relationship: remarks, if any (full details)

i) Sh. Shiv Ram Singh (Petitioner) the younger son of the deceased,
H.no. 540, Gali no.6, Lakhpat Colony Part-2 (khasra No. 365),
Meethapur Extn. Badarpur New Delhi-44.
ii) Sh. Rajbahadur Singh the elder son of the deceased Ram Singh.
Residing at H.no. 540, Gali no.6, Lakhpat Colony Part-2 (khasra No.
365), Meethapur Extn. Badarpur New Delhi-44.

iii) Sh. Ranveer Singh the Middle son of the deceased Ram Singh.
Residing at H.no. 540, Gali no.6, Lakhpat Colony Part-2 (khasra No.
365), Meethapur Extn. Badarpur New Delhi-44.

iv) Smt. Punam Daughter of the deceased Ram Singh. Residing at


Tilauthi, Bhojgarhi Hathras(UP).

7. That the petitioner undertakes to pay the ad valorem court fees relating to
property of deceased.

8. That there is no impediment under any provision of law to the grant of


the letter of administration with the WILL annexed or to its validity
thereof, if it is granted.

9. That no application has been made before any other court in probate of
said will/letters of administration with a copy enclosed thereto and no
proceedings or suit are pending for managing of the estate.

10. That the Petitioner undertakes to administer the Properties of Late Sh.
Ram Singh as desired by him in his WILL dated 07/04/21.

11. That this application is made bona fide.

12. That Sh. Ram Singh was permanent resident of Delhi. Her properties in
respect to which he executed the said WILL is situated or lying at Delhi.
13. Therefore, this Hon’ble Court has territorial jurisdiction to
entertain and adjudicate this Petition.

PRAYER

That the Petitioner, therefore, prays:

a) To pass an order to grant a probate of WILL dated 07/04/21 and a letter


of administration in favour of the Petitioner.

b) To grant any other relief, which the Hon'ble court deems fit, may please
be granted to the plaintiff in the interest of justice.

PETITIONER

THROUGH

Place:
ADVOCATE

VERIFICATION BY THE PETITIONER

I, Shiv Ram Singh, the above-named petitioner, do hereby declare and say that
the statements contained in paragraphs 1 to 13 of the above petition are true to
my best knowledge and the last para is prayer to this Hon’ble Court.
Verified at Delhi on this ______ day of _____ 2022 that the contents of the
above petition are true to my knowledge and information and nothing material
has been concealed therefrom.

PETITIONER
DECLARATION OF WITNESS

I, Subhash Prasad one of the witnesses to the last will and testament of Sh. Ram
Singh the testator stated in the above petition, do say and declare that I was
present on 07/04/21 the day of testament at Delhi and saw the testator affix his
hand/signature or mark to said will, marked A per Affidavit of the Petitioner
instituted herewith (or that the said testator admits the writing enclosed to above
petition and marked A, to be his last will/testament in my presence).

Solemnly affirmed by the said ______ witness this ______day of ______ at


Delhi.

Sign

Before me

Commissioner/Magistrate/Oath Officer
IN THE HON’BLE COURT OF DISTRICT AND SESSION JUDGE,
SOUTH-EAST DISTRICT, SAKET, DELHI.

PROBATE PETITION NO……...2024

IN THE MATTER OF: -

SHRI SHIV RAM SINGH..…………………………...….PETITIONER

Versus

THE STATE

(GOVT. OF NCT OF DELHI) & ORS……...…………….RESPONDENTS

AFFIDAVIT
I, Shiv Ram Singh S/O Late Sh. Ram Singh aged 46 Years approx. H.no. 540,
Gali no.6, Lakhpat Colony Part-2 (khasra No. 365), Meethapur Extn. Badarpur
New Delhi-44, do hereby solemnly affirm and declare as under: -
1. That I am the petitioner in the above case and conversant with the facts
and circumstances of the present case and hence competent to depose this
affidavit in support of the present petition.
2. That the accompanying petition U/s 276 of the Indian Succession Act
1925 has been prepared under my instructions and the statement of facts
mentioned therein are true and correct to my knowledge and be read part and
parcel of this affidavit as same has been not repeated here for the sake of
brevity.
3. That there is no other remedy except this legal remedy for the petitioner
being the beneficiary of the aforesaid deceased.

DEPONENT
Verification

Verified on this day of……… 2024, that the contents of the above affidavit are
true and correct to my knowledge and nothing material has been concealed
therefrom.

DEPONENT
IN THE HON’BLE COURT OF DISTRICT AND SESSION JUDGE,
SOUTH-EAST DISTRICT, SAKET, DELHI.

PROBATE PETITION NO……...2024

IN THE MATTER OF: -

SHRI SHIV RAM SINGH…………………...….PETITIONER

Versus

THE STATE

(GOVT. OF NCT OF DELHI) …………….…RESPONDENT

SCHEDULE-A

DESCRIPTION OF THE BEQUETHED PROPERTIES IN RESPECT TO


WHICH THE PROBATE IS SOUGHT.

DESCRIPTION VALUE

a) House bearing No. 540(Khasra No.365), Rs. 35 Lakh


Gali No.6 Lakhpat colony Part-2.
Meethapur Extn, Badarpur New Delhi-44

PETITIONER

THROUGH

COUNSEL
VERIFICATION: -

Verified at Delhi on this …..day of Nov, 2024 that the contents of the this
SCHEDULE-A are true and correct to my knowledge and belief. No part of it is
false and nothing material has been concealed therefrom.

PETITIONER
IN THE HON’BLE COURT OF DISTRICT AND SESSION JUDGE,
SOUTH-EAST DISTRICT, SAKET, DELHI.

PROBATE PETITION NO……...2024

IN THE MATTER OF: -

SHRI SHIV RAM SINGH………………..............................….PETITIONER

Versus

THE STATE

(GOVT. OF NCT OF DELHI) & ORS……………………….RESPONDENTS

MEMO OF PARTIES

SHRI SHIV RAM SINGH

S/O LATE SH. RAM SINGH


H.NO. 540, GALI NO 6, LAKHPAT COLONY
PART-2 (KHASRA NO.365), MEETHAPUR EXTN.,
BADARPUR NEW DELHI-110044……….………… PETITIONER

Vs

1. THE STATE

(GOVT. OF NCT OF DELHI)

2. SH. RAJBAHADUR SINGH


S/O LATE RAM SINGH
3. SH. RANVEER SINGH
S/O LATE RAM SINGH
4. SMT. PUNAM
D/O LATE RAM SINGH

RESIDENTS OF:-
H.NO. 540, GALI NO 6, LAKHPAT COLONY
PART-2 (KHASRA NO.365), MEETHAPUR EXTN.,
BADARPUR NEW DELHI-110044…………………RESPONDENTS

PETITIONER

THROUGH

Place:

Date AKASH YADAV


(ADVOCATE)
CHAMBER NO. 332,
SAKET DISTRICT COURT,
DELHI.
MOB: - 9654965314
IN THE HON’BLE COURT OF DISTRICT AND SESSION JUDGE,
SOUTH-EAST DISTRICT, SAKET, DELHI.

PROBATE PETITION NO……...2023

IN THE MATTER OF: -

SHRI SHIV RAM SINGH………………..............................….PETITIONER

Versus

THE STATE

(GOVT. OF NCT OF DELHI) &ORS.………………….…….RESPONDENTS

INDEX
S.No. Particulars Page No. Court Fee

1. Memo of Parties.
2. Petition for probate under section
276 of Indian Succession Act, 1925.
3. Affidavit in support.
4. Description of Property “Schedule
A”

5. List of documents alongwith


documents
6. Vakalatnama.

PETITIONER
DELHI
DATED: THROUGH

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