Civil Pleadings Execution Of Trusts

Execution of Trusts





In the Court of ______________________________________



kk____________________ resi___________ ____________________.. Plaintiff 

against

GM___________________ resi_____________ ____________________ Defendant 

KK______________________________, the above-named plaintiff, states as follows:- 

1. He is one of the trustees under an instrument of settlement bearing date on or about the ________ day of___________ made upon the marriage of _______KM_________ and HH___________, the father and mother of the defendant [or an instrument of transfer of the estate and effects of KM________ for the benefit of _____ the defendant, and the other creditors of____________ KM______________].

2. KK______________ 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. 

3. GM_______________. claims to be entitled to a beneficial interest under the instrument. 

[i. Facts showing when the cause of action arose and that the Court has jurisdiction. ] 

ii. The value of the subject-matter of the suit for the purpose of jurisdiction is __________________rupees and for the purpose of court-fees is __________________________________________________________rupees.] 

6. 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 GM_______________., the defendant, and all other persons who may be interested in such administration________ ..GM.. ________and such other persons so interested as the Court may direct, or that__________ GM________ may show good cause to the contrary. 

[N.B.-Where the suit 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 THANE this ______. 

Plaintiff