In the Court of the............ at .............
O.S.............. of 20.......
ABC
... Plaintiff
Vs.
XYZ... Defendant.
Plaint filed by the Plaintiff O.VII R.1 to 6 C.P.C.
Plaintiff:- ABC, W/o Late .............., Hindu, aged about ........ years, housewife, residing at ..............
Address for service of Plaintiff
Defendant: XYZ, S/o .............., Hindu, aged about ........ years, residing at ..............
Address for service is same as above.
1. Facts of the Case:
- The Plaintiff is the wife of Late ..................., who was a resident of ............... The Defendant is the son of the Plaintiff's husband's brother. The Plaintiff and her late husband were Hindus, and their marriage took place about 50 years ago. However, they had no children. The properties mentioned in the plaint schedule were self-acquired by the Plaintiff’s husband. The Plaintiff’s husband passed away on .............. intestate, leaving the Plaintiff as his sole legal heir.
- With an unlawful intention to grab the said property, the Defendant’s father falsely claimed that the Plaintiff’s husband had adopted the Defendant as his son, thereby asserting a right to the suit schedule properties. In support of this false claim, they have fabricated a document purported to be an Adoption Deed.
- The alleged Adoption Deed is sham, nominal, and collusive, and is not legally valid. The Plaintiff’s husband never adopted the Defendant as his son, nor did he ever express any intention to adopt anyone. This fact is widely known. In fact, for nearly a year before his death, the Plaintiff’s husband was bedridden, making it impossible for any valid adoption to have taken place during that period.
- After the Plaintiff’s husband's death, the Defendant, along with his father and others, trespassed into the Plaintiff’s house and demanded partition of the suit schedule properties, falsely claiming the existence of an adoption. The Plaintiff firmly refused. Subsequently, the Defendant issued a registered notice to the Plaintiff on .............. demanding partition. The Plaintiff replied, denying the claim and stating the true facts. Despite this, the Defendant is attempting to alienate portions of the suit schedule properties, for which he has no legal right. Under these circumstances, the Plaintiff is compelled to file this suit for a declaration that the alleged Adoption Deed dated .............. is null and void.
The cause of action for the suit arose:
- About 50 years ago, when the Plaintiff and her late husband were married as per Hindu Law.
- Subsequently, when they remained childless.
- On .............., when the Plaintiff’s husband died intestate, leaving the Plaintiff as the sole legal heir.
- On .............., when the Defendant created a fraudulent Adoption Deed at Visakhapatnam, where both parties reside, within the jurisdiction of this Hon’ble Court.
3. Valuation:
Since this is a suit for a declaration that the Defendant is not the adopted son of the Plaintiff’s late husband and for cancellation of the Adoption Deed, the Plaintiff values the suit at Rs. 30,000/-, which is half the market value of the property. A court fee of Rs. .............. has been paid herewith under Section .............. of the Court Fees and Suits Valuation Act.
4. Jurisdiction:
The value for the purpose of jurisdiction is the same as above.
5. Relief Sought:
The Plaintiff prays that this Hon’ble Court may be pleased to pass a decree in her favor and against the Defendant:
a) Declaring that the Defendant is not the adopted son of the Plaintiff and her late husband.
b) Cancelling the alleged Adoption Deed.
c) Awarding costs of the suit.
d) Granting such other reliefs as deemed fit and proper by this Hon’ble Court under the circumstances of the case.
Plaintiff
ABC
Advocate for the plaintiff.
Verification.
I, ABC, the Plaintiff above named, do hereby verify that the contents of the plaint paragraphs 1 to 5 are true to the best of my knowledge, belief, and legal advice.
Plaintiff
ABC
List of documents:
- Copy of the alleged Adoption Deed (disputed document).
- Death certificate of the Plaintiff’s husband.
- Property documents of the suit schedule properties.
- Registered notice and reply between Plaintiff and Defendant.
- Any other relevant documents.
Verification.
I, ABC, the Plaintiff above named, do hereby verify that the List of Documents are true to the best of my knowledge, belief, and legal advice.
Plaintiff
ABC
Advocate for the plaintiff.