AFFIDAVIT FOR SUBSTITUTION OF KARTA

In the Court of_______________
Civil Miscellaneous Application No__________ of 20……………
in Original Suit No ________ of year ..
Mr………………………………………………………………. __________________ Plaintiff
………………………………………………………Versus
1. Mr………………………………………… ________________________ Defendants
2. Mr ________________________
AFFIDAVIT of Mr. __________________________,
S/o ______________________________________,
aged __________ years,
resident of __________________________________ .
I, the above-named deponent, most solemnly affirm and state as follows:
1. That I am the son of the plaintiff and am acquainted with the facts deposed to below.
2. That the above-mentioned suit was filed by Mr__________________ _______, the above-mentioned plaintiff, in his capacity as Karta of his Joint Hindu Family.
3. That the said Plaintiff _____________________Mr ________________________ died on __________ leaving the following surviving members of the Family:
(i) Mr ________________________ (Son of Plaintif)
(ii) Mr ………………………………………… …(Son of Plaintif)
4. That after the death of the deceased the members mentioned in paragraph 3 above, continue to constitute a Joint Hindu Family and I, being the eldest member of the Family, am now the Karta of the Family.
5. That I am ready and willing to prosecute the suit in place of the late Mr _______________._.

Verification

I, the above-named deponent, verify that the contents of paragraphs 1 to 5 of this affidavit are true to my personal knowledge.
Signature
Date_______
Solemnly affirmed before me on this _____day of ______, 20… ____ at _____(time) by the deponent.
Signature
(Oath Commissioner)

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Affidavit for Substitution of Karta: Draft & Format