Reg. Civil Suit No. 305/2003
Smt. RDS & Others _ Plaintiffs
Vs
Smt. PPS & Others _ Defendants
AN AFFIDAVIT IN EXAMINATION-IN-CHIEF ON BEHALF OF THE PLAINTIFFS
AFFIDAVIT
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 of my father, the Late Shri DMS, who had
acquired and purchased the same by registered sale-deeds from time to time, as has been 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 is also registered by the said testator, Late Shri
DMS, with the office II, vide Sr. No. 5555,
dated …………….
6. That prior to the execution of the said will made by the said deceased Shri DMS, a will of the said testator was caused to be made and executed by the defendant Nos. 1,5,8 and 9, on 9.7.1991. However, the said-will, which was caused by the defendant Nos. 1, 5, 8 and 9, was revoked and cancelled by the said deceased only during his lifetime on and by a fresh will made and executed by him on and thereafterwards, the said testator did not make any will or codicil.
7. That the defendant No. 1 is the daughter-in-law of the said deceased,while the defendant Nos. 2, 3 and 4 are the children of the defendant
No.l; the defendant No. 5 is also the daughter-in-law of the said
deceased, while the defendant Nos. 6 and 7 are the children of the defendant No. 5; the defendant Nos. 8 and 9 are the sons of the
deceased.
8. That there have been strain relationships between the said deceased and all the defendants as a result thereof the said deceased only during his lifetime mad the said will on_________ in favour of the present plaintiffs as his beneficiaries, and he has also revoked and cancelled the will, dated , which was caused by the defendants by force, duress, compulsion and the like illegal means.
9. That the said so-called will, dated_______ , was also caused to be registered with the office of the Sub-Registrar, Haveli No. I, Pune, at Sr. No. 1111/2003.
10. That the defendants have ill-treated the said deceased generally during his lifetime and particularly during his old age illness and decrepitude and subjected him to cruelty, inhumanity, excruciating mental tensions, tortures, agony, misery and everything of bad nature, and the reasons for the same were only the suit properties, which the defendants wanted to get devolved upon them to the maximum shares.
11. That even though all the defendants were living separately and apart since the year_________they used to come to the said deceased and many a time created a scene only with a motif to extract more and more shares in the properties by hook or by crook and without caring for either social values or legal provisions.
12. That the deceased has always had refused to submit to the illegal demands made by the defendants, and being aggrieved and offended by the very legal attitude of the said deceased, the defendants started to misbehave with the deceased and also had gone to the level of taking revenge on the deceased, because the said deceased refused to succumb to the illegal demands made by them.
13. That as a part and parcel of the ill-treatment and harassment meted out to the said deceased by the defendants, on__ at 11.30 a.m., the 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 causing the execution of the said will by force, duress, compulsion, tensions and tortures, as aforesaid.
14. That since the defendants had caused the execution of the said will on_______________against the wish and will of the deceased, he corrected the same by making and executing a fresh but last will as a legal and valid will, on, in favour of the present plaintiffs only as the beneficiaries of the said deceased.
15. That the defendants also attempted to prepare and produce a bogus will showing to have been made and executed as on and by such a bogus will, the defendants have tried to prepare a false record to show that they are also entitled to claim shares in the suit properties to which they were not and shall never be entitled to claim anything.
16. That the plaintiffs for himself and other plaintiffs do hereby declare and affirm that the said will made and executed by the deceased on being legal, valid and the last will enforceable at law, the present plaintiffs are the exclusive beneficiaries and, hence, the owners of the suit properties described in paras 1(A) and 1(B) of the plaintiff, and also tenants-in-common in respect of the tenanted premises described in para 1(C) of the plaint.
17. That the revenue authorities have entered in the record of rights the names of the plaintiffs as well as the defendants subject to the final decision given by the civil court in respect of the disputed wills, dated and
18. That being aggrieved by the decision of the revenue authorities, the present plaintiffs are constrained to file the present suit against the defendants for declaration and injunction in respect of the will lawfully made and executed by the said deceased, the Late Shri DMS, on .
19. That the written statement filed by the defendant No. 8 is relevant, and by the same, the defendant No. 8 clearly admitted the fact of causing the said will onto be unlawful and illegal, too.
20. That the contents of the written statement filed on behalf of the defendant Nos. 1 to 7 and defendant No. 9 are false and denied by the plaintiff categorically and in toto.
21. That all the contents of the plaint filed by the plaintiffs are true and
correct.
22. That all the documents filed by the plaintiffs be exhibited and read in evidence.
23. That taking into consideration this factual and legal position, the plaintiffs pray that the suit of the plaintiffs be kindly allowed and
decreed in favour of the plaintiffs with costs, and injunction orders against the defendants as prayed for be kindly passed.
WHATEVER stated above in paras 1 to 23 is true and correct to the
best of my knowledge and belief, and so I have signed hereunder at Pune
this __ day of 200_.
Sd/-
PLAINTIFF NO. 2 FOR THE PLAINTIFFS
I know the Plaintiff No. 2
Sd/- x Xx
ADVOCATE FOR PLAINTIFFS