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
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