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Legal Format & Draft

Writ of Habeas Corpus: Format & Sample

Reference draft used in Indian courts — replace the blanks with your own case details.

In the Court of Judicature at ................
Extraordinary Civil Jurisdiction
Writ Petition No.............of 20......
In the matter of..........................
Mr........................v. ....................and others
Memo of Parties
Mr ......................S/o...................................
..Petitioner
Mr.......................S/o................
Versus
Smt...............w/o...............................
Smt..................................................
...Respondents.
Hon’ble Registrar, High Court of .............
Sir,
This application may be treated URGENT due to the application being a writ of habeas corpus,
infringing the fundamental right to live which is guaranteed by the Constitution of India, and in
this case seeing the circumstances becomes important and enquiries the urgency.
Petitioner
The will contains signature of Sri ................deceased and the petitioners are filing affidavit
sworn by Shri ..................... as Annexure 'B' to this petition.
17. That the petitioners hereby undertakes duly to administer the property and credits of the said
deceased ........................ and in any way concerning his will by paying first his debts and
then the legacies there is bequeathed so far as the assets will extend and to make a full and
true inventory thereof and exhibit the same in this court within six months from the date of grant
of letters of Administration to the petitioner, and also to render to this Court a true account of the
said property and credits within one year from the said date.
PRAYER The petitioners, therefore, pray that letters of Administration with the said will annexed may be
granted to him of the estate of the said deceased having effect through out the territory of India.
Applicants
1. ..............................
2. ..............................
I, the petitioner abovenamed do hereby solemnly declare that what is stated in paragraphs 1, 2,
3, 4, 5, 6, 7, 8 (Part), 10, 11, 12, 13, 14, 15 and 16 are true to my own knowledge, and that what
is stated in paragraphs 8 (part) and 9 are true to the best of my information and belief and I
believe the same to be true.
Solemnly declare at ................... aforesaid this ..........................day of .......20.........
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 handles drafting, filing and arguments in Kolkata courts.

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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.

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