Affidavit for Substitution of Karta (India)
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.
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)
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