Execution of Trusts
In the Court of _______________________________
______________(add description and residence) _____________________Plaintiff
versus
_______________(add description and residence) _____________________Defendant
___________, the above-named plaintiff, states as follows:-
- He is one of the trustees under an instrument of settlement bearing date on or about the ___day of______made upon _______.
- _______ has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.
- __________________claims to be entitled to a beneficial interest under the instrument.
- Facts showing when the cause of action arose and that the Court has jurisdiction.
- The value of the subject_matter of the suit for the purpose of jurisdiction is_______________rupees and for the purpose of courtfees is __________________rupees.
The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of the part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of ___________, the defendant, and all other persons who may be interested in such administration, in the presence of _____________it is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint by a legatee.]
Dated :
Plaintiff
Through, Advocate
Verification
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff
AFFIDAVIT
In the Court of _______________________________
Petitioner:____________________________
Versus
Respondent:____________________________
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Section 59 of Indian Trusts Act, 1882 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
