Affidavit - AFFIDAVIT BY WAY OF EXAMINATION IN CHIEF
Category: Civil Law Documents
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Collection of legal affidavit templates for various cases
AFFIDAVIT BY WAY OF EXAMINATION IN CHIEF IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION, PUNE AT PUNE Reg. Civil Suit No. 305/2003 Smt. RDS & Others Plaintiffs VS Smt. PPS & Other Defendants AN AFFIDAVIT IN EXAMINATION-IN-CHIEF ON BEHALF OF THE PLAINTIFFS I, Shri RDS, age 35 years, occupation – business, resident of 500 Deccan Gymkhana, Pune 411004, the Plaintiff No. 2, for himself and other plaintiffs, do hereby state on solemn affirmation as follows: 1. That the plaintiffs have filed the present suit against the defendants for declaration and injunction. 2. That the suit properties described in para 1(A) and para 1(B) of the plaint are self-acquired properties of my father, the Late Shri DMS, who had acquired and purchased the same by registered sale-deeds from time to time, as mentioned in the plaint. 3. That, however, the suit property, i. e.
, one shop described in para 1(C) of the plaint, is rented and tenanted. 4. That the plaintiffs submit that the suit properties were self-acquired properties of the said Late Shri DMS, and the same came to the absolute and exclusive share of the plaintiffs by virtue of the will made and executed by the said deceased Shri DMS during his lifetime on __________. 5. That the said will was also registered by the said testator, Late Shri DMS, with the office of Sub-Registrar II, vide Sr. No. 5555, dated __________. 6. That prior to the execution of the said will made by the deceased Shri DMS, a will of the said testator was caused to be made and executed by defendant Nos. 1, 5, 8, and 9 on 9. 7. 1991.
However, the said will was revoked and cancelled by the deceased during his lifetime by a fresh will made and executed by him on __________, and thereafter the testator did not make any will or codicil. 7. That defendant No. 1 is the daughter-in-law of the deceased; defendant Nos. 2, 3, and 4 are the children of defendant No. 1; defendant No. 5 is also the daughter-in-law of the deceased; defendant Nos. 6 and 7 are the children of defendant No. 5; and defendant Nos. 8 and 9 are the sons of the deceased. 8. That there had been strained relationships between the deceased and the defendants and as a result the deceased during his lifetime made the said will on __________ in favour of the present plaintiffs as beneficiaries and revoked and cancelled the earlier will dated __________, which was caused by the defendants by force, duress and compulsion. 9.
That the said will dated __________ was caused to be registered with the office of the Sub-Registrar, Haveli No. I, Pune, at Sr. No. 1111/2003. 10. That the defendants ill-treated the deceased during his lifetime and particularly during his old age, illness, and decrepitude, and subjected him to cruelty, mental tension, and agony with a view to secure maximum share in the suit properties. 11. That even though the defendants were living separately since the year __________, they used to visit the deceased and create scenes to extract larger shares in the properties by unlawful means. 12. That the deceased refused to submit to the illegal demands made by the defendants, and the defendants misbehaved with him when he refused to succumb to their illegal demands. 13. That on __________ at about 11:30 a. m. , defendant Nos.
1, 5, 8 and 9 took the deceased by force in an autorickshaw to the office of the Sub-Registrar, Haveli No. I for the execution of the said will under force and compulsion. 14. That the deceased rectified the same by executing a fresh and last will on __________ in favour of the present plaintiffs. 15. That the defendants attempted to prepare and produce a bogus will purportedly executed on __________ to falsely claim share in the suit properties. 16. That the will executed by the deceased on __________ is legal, valid and the last will enforceable in law and the plaintiffs are the exclusive beneficiaries and owners of the suit properties described in paras 1(A) and 1(B) and tenants-in-common in respect of para 1(C). 17.
That the revenue authorities have entered the names of the plaintiffs as well as defendants subject to final decision of this Hon’ble Court regarding the disputed wills dated __________ and __________. 18. That being aggrieved by the revenue entries, the plaintiffs have filed the present suit for declaration and injunction. 19. That the written statement filed by defendant No. 8 admits the unlawful nature of the earlier will. 20. That the contents of the written statement filed by defendant Nos. 1 to 7 and defendant No. 9 are false and denied. 21. That all the contents of the plaint are true and correct. 22. That all documents filed by the plaintiffs be exhibited and read in evidence. 23. That the suit be decreed in favour of the plaintiffs with costs and injunction orders as prayed for.
WHATEVER stated above in paras 1 to 23 is true and correct to the best of my knowledge and belief, and I have signed hereunder at Pune this ___ day of __________, 200_. ................................................................. PLAINTIFF NO. 2 FOR THE PLAINTIFFS I know the Plaintiff No. 2 ............................................................ ADVOCATE FOR PLAINTIFFS