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BEFORE THE COURT OF HONLBE II CIVIL JUDGE CLASS I RAIPUR

(C.G)

Rajesh Sharma, Age-47 Years


S/o Shri M.L Sharma,
894, Shankar Nagar,
Ward no 11,
Durg (C.G) ......Applicant

Versus

1. Public at large

2. Branch Manager,
State Bank of India,
Kabir Nagar Branch
District Raipur

3. Shri Madhu Prakash Bhatt, Aged 69 Years


S/o Late Shri Suman Singh Bhatt
R/0 18, Behind Raghuraj Stadium,
Imlipara, Bilaspur (C.G) Pincode 495001

4. Shri Rajkishor Bhatt, Aged 64 Years


S/o Late Shri Suman Singh Bhatt
R/o 713/1, Sarvoday Colony Road,
Tatibandh, Ward 13, Raipur
Chhattisgarh 492001

5. Shri Abhishek Kumar Bhatt, Aged 30 Years,


S/o late Mithilesh Kumar Bhatt
R/o QR No: 193-K, Ward no.1, Ring Road No2,
Hirapur, Tatibandh, Raipur, Chhattisgarh Non Applicants

APPLICATION U/S 372 OF INDIAN SUCCESSION ACT 1925 IN THE MATTER OF


SUCCESSION CERTIFICATE RELATING TO DEBTS AND SECURITIES OF THE ESTATE
OF THE DECEASED

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Respectfully sheweth:

1. That the Applicant was the caretaker and nephew of the deceased Shri Narendra Kumar
Bhatt and his late wife Smt. Hemlata Bhatt. That the deceased expired intestate on
15/4/2021 and his wife Smt. Hemlata Bhatt also expired intestate on 3/4/2021.

2. The deceased had no child out of the wedlock and Applicant has been looking after the
deceased and his late wife since his childhood.

3. That at the time of his expiry the dead left no son/daughter/father or any grandson or
granddaughter by any predeceased son or daughter or any great-grandson or any great-
granddaughter by any predeceased grandson and granddaughter or any widow of any
predeceased son or predeceased grandson or great-grandson or any other relation
given in class I of the Schedule per s. 8 of the said Act.

4. That the deceased shri Narendra Kumar Bhatt had Senior Citizen Account no:-
36727167232 in the Kabir Nagar Branch of State Bank of India located at Kabir Nagar,
Raipur in which Rs 700000/7Lacs were deposited and also he had pension account no:
31527090554 in Kabir Nagar, Branch of State Bank of India. It is import to mention that
in both the aforementioned accounts late wife of deceased/ maternal aunt of Applicant
was nominee, who died on 3/4/2020 (Copy of Pass book in the accounts is annexed
herewith as Annexure P1 and P2).

5. That, Applicant was the caretaker of the deceased and his late wife as they had no child
and the wife of deceased was maternal aunt of the Applicant. The deceased Narendra
kumar Bhatt was the only child of his parents and his other relatives from the paternal
side are not within the knowledge of Applicant.

6. It is also pertinent to mention herein that the deceased also had another account
number 3941577538 in same Bank Kabir Nagar Branch of SBI, Raipur in which the
Applicant is nominee and also, in locker number 66 A/c number 50036724099, name of
Applicant has been entered as nominee. It is respectfully submitted that deceased was
the owner of House number LIG- 1189, which he purchased from the Chhattisgarh
Housing board and the name of Applicant has been entered as Nominee in the
documents. (Copy of Nomination document in the property/House number LIG 1189 is
annexed herewith as Annexure P3)

7. That, the respondents 2,3,4 are relatives of the late wife of deceased and they are not
the class I or class II heir of the deceased and also they have no objection in the transfer
of the amount available in the Bank on the name of Applicant.

8. It being clear from facts/circumstances hereinbefore mentioned that there being no


obstruction per s. 370 of Indian Succession Act 1925 or any other enactments of said Act
or any other provision against the grant of Succession Certificate hereunder prayed to
petitioner nor to the legality thereof when allowed.

9. That Applicant submits and states that in aforesaid circumstances he alone bear right to
the grant of Succession Certificate relating to said Bank accounts of deceased.

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10. That Applicant is affixing the Court of Rupees 5/ along with this petition and undertakes
to deposit the required Court fees after the order of issuance of Succession certificate is
passed from this Hon’ble Court.

11. That, deceased and his late wife were the residents of Heerapur Raipur and their Bank
accounts were at Kabir Nagar Branch of SBI, Raipur, therefore this Hon’ble Court has
jurisdiction territorial jurisdiction to hear and decide this matter.

12. That, Applicant is filling the list of documents on which he is relying to prove his case
and reserves his right to submit additional documents before this hon’ble Court.

13. That, the Affidavit in support of this Application is enclosed.

PRAYER

Petitioner, therefore, prays to this Honble Court to issue Succession certificate in his favour to obtain the
amount deposited in accounts mentioned/shown in the List of documents along with intrest

And petitioner as in duty bound shall ever pay.

Applicant

Verification

I, Rajesh Sharma, S/o Shri M.L Sharma, Age 47 years, resident of 894, Shankar Nagar, Ward no 11, Durg
(C.G) do hereby say and declare that the statements in paragraph1- 14 of the above petition including all
figures, are true to my best knowledge.

Date:7/9/2021 Applicant

Place: Raipur

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BEFORE THE COURT OF HONLBE II CIVIL JUDGE CLASS I RAIPUR
(C.G)

Rajesh Sharma ......Applicant


Versus

Public at large & Others .........Non Applicant

AFFIDAVIT

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