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application for succession

 

DISTRICT: NORTH 24-PARGANAS

 

IN THE COURT OF THE LEARNED DISTRICT DELEGATE AT

                                               

Act XXXIX (Succession) Case No. …………. of 2017
 
In the Matter of

An application for granting Succession Certificate in respect of Estate of Samaj Bandyopadhyay, son of Late Saileswar Bandyopadhyay since deceased under Section 372 of the Indian Succession Act, 1925

 

And

 

In the Matter of

Two nos. FDR being no. KY1214/96-97/694395 and KY1215/96-97/694396  and other contents of the Locker being no. 63/6.

 

And

 

 

 

In the Matter of

Smt. Shampa Bandyopadhyay, wife of Late Samaj Bandyopadhyay of “Barnana Apartment”, 1st Floor, 1/J, Sahid Hemanta Kumar Basu Sarani, Dum Dum, P.O.- Motijhil, Kolkata- 700074, District North 24-Parganas;

                                ………… Applicant

 

The humble petition of the applicant above-named Most Respectfully;

 

Sheweth:

 

1.           That the applicant is the wife of Late Samaj Bandyopadhyay of “Barnana Apartment”, 1st Floor, Premises being no. 1/J, Sahid Hemanta Kumar Basu Sarani, DumDum, P.O.- Motijhil, Kolkata-700074, District- North 24 Parganas, who died intestate on 07/07/2004 leaving behind the applicant and under-mentioned legal heirs and successors.

 

2.           That the deceased Samaj Bandyopadhyay resided at “Barnana Apartment”, 1st Floor, Premises being no. 1/J, Sahid Hemanta Kumar Basu Sarani, DumDum, P.O.- Motijhil, Kolkata-700074, District- North 24 Parganas, at the time of his death, which was the ordinary place of last residence of the said deceased within the jurisdiction of This Learned Court.

A Xerox copy of the Death Certificate of the said deceased Samaj Bandyopadhyay is annexed herewith and marked as Annexure “A” and the applicant craves leave to produce the original copy of the Death Certificate at the time of hearing, if required.

 

3.           That the said deceased Samaj Bandyopadhyay has left behind at the time of his death the following relations and legal heirs: -

 

Names

Addresses

Relationship

1.Shampa Bandyopadhyay

“Barnana Apartment”, 1st Floor, 1/J, Sahid Hemanta Kumar Basu Sarani, DumDum, P.O.- Motijhil, Kolkata-700074, District- North 24 Parganas

Wife

2.  Sayoak Banerjee

“Barnana Apartment”, 1st Floor, 1/J, Sahid Hemanta Kumar Basu Sarani, DumDum, P.O.- Motijhil, Kolkata-700074, District- North 24 Parganas

Son

3. Sova Rani Bandyopadhyay

Chongda More,P.O.- Hatthabu, P.S.- Habra, District North 24 Parganas

Mother

 

4     That thereafter said Sova Rani bandopadhyay mother of Late Samaj Bandyopadhyay died on 19.01.2011.Therefore it is pertinent to state that after demise of Sova Rani bandopadhyay, Smt. Shampa bandopadhyay and Sri Sayoak Banerjee became the only legal heirs and successors of Late Samaj Bandyopadhyay according to the Hindu Succession Act, 1956.

a.    A Xerox copy of the Death Certificate of the said deceased Sova Rani Bandyopadhyay is annexed herewith and marked as Annexure “B”  and the applicant craves leave to produce the original copy of the Death Certificate at the time of hearing, if required.

 

5     That the said Samaj Bandyopadhyay (deceased) has no other near relations, heirs and legal representatives except his wife Smt. Shampa Bandyopadhyay and his only son Sri Sayoak Banerjee.

 

6     That the said Samaj Bandyopadhyay (deceased),  was governed by the Hindu Succession Act, 1956 and the applicant and her only son are his legal heirs under the said law is entitled to get a Succession Certificate as prayed hereunder.

 

7     That the said Samaj Bandyopadhyay (deceased)  has left no last will and no application or probate or Letters of Administration has been applied or obtained in any Court for his estate and there is no impediment to grant of a Succession Certificate to the applicant.

 

8     That the particulars of assets in respect of which the Succession Certificate is prayed for is setforth in the Schedule of Assets.

 

9     That the application is made bona fide and for the ends of justice.

 

Under the aforesaid circumstances, Your applicant most humbly pray that Your Honour may graciously be pleased to grant Your applicant the Succession Certificate in the name of Smt. Shampa Bandyopadhyay and Sri Sayoak Bandopadhyay to deal / operate / act upon, the total property/ estate thereon mentioned in Scheduled of Assets hereunder and/or to pass such other further Order/Orders as to Your Honour may deem fit and proper.

 

And Your applicant as in duty-bound shall ever pray.

 

SCHEDULE OF ASSETS

Fixed Deposits in Uco Bank, Habra Branch

AMOUNT

KY1214/96-97/694395

Rs. 5,000/-

KY1215/96-97/694396

Rs. 5,000/-

TOTAL

Rs. 10,000/-

LOCKER in UCO Bank, Habra Branch

Being No. 63/6

 

(Rupees Ten Thousand) only, and the contents of the locker.

 

 

V E R F I C A T I O N

 

I, Smt. Shampa Bandopadhyay, wife of Late Samaj Bandopadhyay of “ Barnana Apartment”, 1st Floor, Premises being no. 1/J, Sahid Hemanta Kumar Basu Sarani,DumDum, Kolkata-700074, District North 24-Parganas, the applicant herein do hereby declare that the statements made in Paragraphs 1 to 9 above are true to my knowledge and I sign this verification this the …………… day of May, 2017, at the Advocate’s Chamber at Kolkata.

 

 


Prepared in my office

 

Advocate

Applicant

 

 

Identified by me,

 

 

Advocate

 

AFFIDAVIT

 

I, Smt. Shampa Bandopadhyay, wife of Late Samaj Bandopadhyay, aged about 53 years, by faith Hindu, by occupation School Teacher residing at “ Barnana Apartment”, 1st Floor, Premises being no. 1/J, Sahid Hemanta Kumar Basu Sarani, DumDum, Kolkata-700074, District North 24-Parganas,  do hereby solemnly affirm and say as follows: -

 

1.    That I am the applicant in the instant case, I am well acquainted with the facts and circumstances of this case and as such I am competent to swear this affidavit.

 

2.    That the statements made in Paragraphs 1 to 9 above are true to my knowledge and  the rest are my humble submissions before This Hon’ble Court.

 

 


Prepared in my office

Applicant

 

Identified by me

Advocate

 

 

Advocate

 

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