SUIT FOR CANCELLATION OF WILL EXECUTED WHILE THE EXECUTANT WAS NOT SANE
IN THE COURT OF THE………………..
Suit No………………… of 19………………..
C. D………………………………………………………….. Plaintiff
versus
C. F……………………………………………………….. Defendant
The abovenamed plaintiff most respectfully submits as under: —
1………………… father of the plaintiff owned a Pakka House, No………………… situate in……………….. and……………….. Bighas of Bhumidhari Khata, No…………… in village……………….. of……………….. district.
2. The defendant is the nephew of……………….. and……………….. had been acutely suffering from dysentry and fever for the last two months before his death occurred on……………….. at his house. He was not in proper senses and unable to make any proper decision as to devolution of his properties by will. Just before three days of his death on……………….. 19……………….. the defendant……………….. got executed a will from the deceased of his properties aforesaid in his favour by fraud, when the deceased was unable to understand the nature of deed he executed and could not form any rational judgment relating thereto.
3. The said……………….. never executed any will. But the plaintiff has come to know the fact of the alleged will on……………….. 19……………….. when the defendant has applied for mutation of his name before the Tahsildar for mutation of his name in revenue records in the Bhumidhari Khata aforesaid.
4. The will was never executed by……………….. and if executed at all it was executed in his gross insanity when he could not make a rational decision, nor could understand the nature of thing he was doing, and as such is void and ineffective.
5. The cause of action arose within the jurisdiction of this Court on……………….. 19……………….. when the plaintiff came to know of the void will.
6. The suit is valued at Rs…………………. the valuation of the properties which are subject-matter of the said will, andRs………………… for court fees purpose, and court fee is paid according to the nature of the reliefs claimed.
RELIEF CLAIMED:
The Plaintiff claims that the will aforesaid be adjudged void and cancelled, or in the alternative—
It may be declared that the said will was never executed by aforesaid.
Plaintiff
Through Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras ……………….. to……………….. of the plaint are true to my personal knowledge and those of paras……………….. and……………….. thereof are based on legal advice which I believe to be true.
Verified on this…………….. day of……………….. 19……………….. at………………..
Plaintiff