Affidavit for Substitution of Karta (India) by OLL
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AFFIDAVIT FOR SUBSTITUTION OF KARTA
In the Court of_______________
Civil Miscellaneous Application No__________ of 20……………
in Original Suit No ________ of year ..
Mr………………………………………………………………. __________________ Plaintiff
………………………………………………………Versus
1. Mr………………………………………… ________________________ Defendants
2. Mr ________________________
AFFIDAVIT of Mr. __________________________,
S/o ______________________________________,
aged __________ years,
resident of __________________________________ .
I, the above-named deponent, most solemnly affirm and state as follows:
1. That I am the son of the plaintiff and am acquainted with the facts deposed to below.
2. That the above-mentioned suit was filed by Mr__________________ _______, the above-mentioned plaintiff, in his capacity as Karta of his Joint Hindu Family.
3. That the said Plaintiff _____________________Mr ________________________ died on __________ leaving the following surviving members of the Family:
(i) Mr ________________________ (Son of Plaintif)
(ii) Mr ………………………………………… …(Son of Plaintif)
4. That after the death of the deceased the members mentioned in paragraph 3 above, continue to constitute a Joint Hindu Family and I, being the eldest member of the Family, am now the Karta of the Family.
5. That I am ready and willing to prosecute the suit in place of the late Mr _______________._.
Verification
I, the above-named deponent, verify that the contents of paragraphs 1 to 5 of this affidavit are true to my personal knowledge.
Signature
Date_______
Solemnly affirmed before me on this _____day of ______, 20… ____ at _____(time) by the deponent.
Signature
(Oath Commissioner)
This template is an affidavit used in Indian courts to substitute the Karta (head) of a Hindu Undivided Family (HUF) in an ongoing legal proceeding. It is filed by the new Karta, typically the eldest surviving member, to formally take over the prosecution of a suit after the death of the previous Karta.
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About this template
What is this template?
This is a sworn statement filed in an Indian civil court to update the identity of the Karta representing a Joint Hindu Family. It is not a general inheritance claim or a power of attorney, but a specific procedural document for ongoing litigation.
When should you use it?
Use this when the Karta who filed an Original Suit dies and the new eldest member must take over the prosecution of that suit. Use an Application for Substitution of Parties if the deceased was suing in an individual capacity rather than as a Karta.
Who it's for
- the eldest member of a Joint Hindu Family seeking to represent the family in court
- a plaintiff's son substituting for a deceased Karta in an active Indian civil suit
How long it runs and how it's signed
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