Administration by Pecuniary Legatee: Draft & Format
Reference draft used in Indian courts — replace the blanks with your own case details.
In paragraph 4 substitute "legacy" for "debt".
Another form
(Title)
E.F., the above named plaintiff, states as follows:--
1. A.B., of K in the ..... died on the .... day of ..... By his last will, dated the ...... day of......, he appointed the defendant and M. N. his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-in-law, and so to his movable property for the persons who would be the testators next-of-kin if he had died intestate at the time of the death of the plaintiff, and such failure of his issue as aforesaid.
2. The will was proved by the defendant on the .... day of..... The plaintiff has not been married.
3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property. 6. The plaintiff claims--
(1) to have the movable and immovable property of A.B. administered in this court, and for that purpose to have all proper directions given and accounts taken;
(2) such further or other relief as the nature of the case may require.
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.
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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.