Thursday, 4 June 2015

SUCCESSION CERTIFICATE





APPLICATION FOR THE ISSUANCE OF SUCCESSION CERTIFICATE


O R D E R

                 One  (name of the petitioner) through learned counsel __________________has moved application for issuance of succession certificate in respect of  account No. A/C ______________ of his late wife_____________________.  As per contents of application  __________________ had died on 00.00.0000. A sum of Rs.______________ is lying in the (NAME OF THE BANK). The respondents No.2 to 5 namely ____________, _________________, __________, _________________ (NAME OF THE LEGAL HEIRS) are the real sons and daughters of ___________________ deceased.
2.          The application was presented  on 00.00.000011. Respondent  No.1 i.e public at large was summoned through publication  in  the newspaper.  Rest of the respondents  were   summoned through ordinary process. On 00.00.0000 the court received newspaper.  Nobody  entered his appearance on behalf of public at large despite publication. Therefore, public at large was proceeded  against ex parte. On 00.00.0000 learned counsel ___________________ submitted power of attorney coupled with consenting written reply on behalf of respondents. The respondents were also present. On 00.00.0000 learned counsel ---------------------- got recorded the statements as learned local commission. Learned counsel for the petitioner closed evidence.
                   Statement of Plaintiff  bearing I.D card No._________________was recorded as AW-1. As per AW-1 ______________ deceased was his wife. He adduced copy of death certificate  of the deceased as Mark A.  There is no other legal heirs except the stated ones. Therefore, the certificate be issued in his name  for receiving  the deposited  amount in the bank. Learned counsel for the petitioner adduced death certificate as Ex.A.1 and original bank slip of Bank   as Ex.A.2. Statement of respondent No.2 namely (witness), respondent No.3 _______________, respondent No.4 ____________and respondent No.5 ____________ were recorded as RW-1 to RW-4 respectively. As per said respondents  they have no reservation  about issuance of certificate in favour of petitioner in respect of Rs._______________ of their mother. The answering respondents unanimously made  prayer for issuance of certificate.
                   There is no contest among the legal heirs. The death certificate of __________________is Ex. A.1.  There is nothing in rebuttal of oral as well as documentary evidence. The evidence is un-crossed. Hence, application is accepted subject to furnishing security bond of Rs.______________/- with one surety in the like amount to the satisfaction of this court so as to compensate any claimant (legal heirs) in future. The petitioner is entitled to withdraw the said amount  of his deceased wife from CONCERNED BANK by observing rules and procedure of the Bank. The succession certificate be issued. File be consigned to the record room after its due completion and completion.
Dated:00.00.0000         
                                                            Civil Judge Ist Class
                            

No comments:

Post a Comment