PART I PRELIMINARY

1.-(1) These Rules of Court may be cited as the Wills and Succession (Declaration of Death and Legitimation) Rules.

(2) The Interpretation Law shall apply to the interpretation of these rules as it applies to the interpretation of a Law.

(3) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-

“Civil Procedure Rules” means the Rules of Court 1938 to (No. 4) 1938, as amended by any subsequent rules;

“the Law” means the Wills and Succession Law;

“Office Copy” means a sealed copy or translation of any document lodged, filed or kept in, or issued out of a court registry, certified to be a true copy or translation by the Registrar of that registry;

“Registrar” means the registrar of the court and includes a Senior Registrar and an Assistant Registrar attached to such court.

2. The forms in the Appendix to these Rules shall, where applicable, be used with such variations as may be necessary to suit the case, and where not applicable, forms of the like character may be used.

PART II PROCEEDINGS FOR DECLARATION OF DEATH

3. Proceedings for a declaration of death under section 14 of the Law shall be commenced by originating summons.

4.-(1) The Court or Judge may direct such persons to be served with the summons, and such public advertisements to be made, as they or he may think fit.

(2) If the person who has disappeared or is missing was insured with any insurance company, the summons shall also be served on the duly authorized representative in the Colony of such insurance company.

5. The application shall be supported by evidence on affidavit, as required by rules 6 and 7 of these Rules, and by such other evidence as the Court or Judge may require.

6. In the case of an application under sub-section (4) of section 14 of the Law:-

(1) the affidavit or affidavits in support shall state-

(a) that the missing person was on board when the ship or aircraft sailed or left her last port. The latest letter, if any, written on board by such person shall be annexed to the affidavit;

(b) the date and place when and where the ship or aircraft was last seen;

(c) the non-arrival of the ship or aircraft within reasonable time, at the port for which she was bound;

(d) the absence of tidings of the ship or aircraft from the date when she was last seen;

(e) whether the ship or aircraft and cargo were insured or uninsured, and, if insured, whether the underwriters have paid on the policies as for a total loss. A certificate, if any, granted under the provisions of the Merchant Shipping Act, 1894, sections 255, 256, 257, 695 shall be annexed to the affidavit;

(f) whether the missing person was insured in any office; if so, giving the name of the insurance office;

(g) whether the missing person was testate or intestate, and stating who are the persons, if any, entitled to a share of his estate in the event of an intestacy; if such person was testate, the will or an office copy thereof shall be annexed to the affidavit; and

(h) the value and particulars of the estate of the missing person.

(2) Such application shall also be supported by an affidavit of the owner, managing owner, or agent, of the ship or aircraft, deposing to all the material facts bearing on the case within his knowledge, as well as by that of the applicant.

7. In the case of an application other than an application under sub-section (4) of section 14 of the Law:-

(1) The application shall be supported by an affidavit, sworn by the applicant, stating-

(a) when the person who has disappeared or is missing was last heard of;

(b) the belief of the applicant that the missing person is now dead;

(c) whether any advertisements for the missing person have been inserted in any newspaper; if so, with what success; if inserted, the newspapers shall be annexed to the affidavit;

(d) whether any letters have been received from the missing person; if so, they shall be annexed to the affidavit;

(e) whether the missing person was insured in any office; if so, giving the name of the insurance office;

(f) whether the missing person was testate or intestate, and stating who are the persons, if any, entitled to a share of his estate in the event of an intestacy ; if such person was testate, the will or an office copy thereof shall be annexed to the affidavit; and

(g) the value and particulars of the estate of the missing person;

(2) The applicant’s affidavit shall be corroborated in some material points by an affidavit by a member of the family of the deceased, and, if possible, by a friend of the deceased or of his family, who is not interested in the estate.

PART III LEGITIMATION PROCEEDINGS

8. An application under section 54 of the Law shall be by petition.

9. The petition may be filed-

(a) in the court for the district in which the mother resides if the person who is alleged to be the father of an illegitimate child is absent from the Colony; or

(b) in the court for the district in which the alleged father had his ordinary or last place of residence in the Colony if both the mother and alleged father are absent from the Colony.

10.-(1) The petition shall be in Form 1 or Form 2 (as the case may be) in the Appendix hereto and shall contain the information required thereby.

(2) The petition shall include an undertaking by the petitioner to pay any costs of the respondents which he may be ordered by the court to pay.

(3) The notice of hearing of the petition shall be in Form 3 in the Appendix hereto.

11. The petition shall state the petitioner’s address for service within the municipal limits of the town in which is situated the registry of the court in which the petition is filed.

12. The respondents to a petition shall be the Attorney-General and all persons whose interests may be affected by the order of legitimation asked for, and the court may at any time direct any persons not made respondents to be made respondents, and to be served with the petition, affidavit, and consents, if any.

13. An affidavit in Form 4 in the Appendix hereto made by the petitioner, or, if the mother of the child is a person under disability or an incapable person, by her guardian, shall be filed with the petition.

14. Where required, the consent of the mother and child in Form 5 in the Appendix hereto shall be attested by a Registrar or Certifying Officer and filed with the petition.

15. Every birth certificate intended to be relied on at the hearing shall be lodged with the petition:

16.-(1) A copy of the petition and a copy of the affidavit and consents, if any, shall be delivered or sent by registered post by the petitioner to the Attorney-General not less than one month before the petition is filed.

(2) Any document or notice required to be delivered or sent to the Attorney-General shall be addressed to him at his office.

17.-(1) An office copy of the petition, affidavit and consents, if any, and a notice in Form 3 in the Appendix hereto shall, unless the court otherwise directs, be served not less than 28 clear days before the hearing on every respondent (other than the Attorney-General) personally:

Provided that the court may in its discretion dispense with service on any respondent who the court is satisfied cannot after reasonable effort be found.

(2) The Registrar shall give to the Attorney-General not less than 28 clear days’ notice of the day fixed for the hearing which shall be in Form 6 in the Appendix hereto.

18.-(1) A respondent may, within 14 days of the service of the petition on him, file in the court registry an answer to the petition which shall be in Form 7 in the Appendix hereto.

(2) Every answer which contains matter other than a simple denial of the facts stated in the petition shall be accompanied by an affidavit made by the respondent verifying such other matter, as far as he has personal knowledge thereof, and deposing to his belief in the truth of the rest of such other matter.

(3) The respondent shall deliver a copy of the answer and of the affidavit, if any, to the petitioner, the Attorney-General and any V other respondents, within 14 days after service of the petition on him.

19. Evidence on the hearing of the petition shall be given orally:

Provided that the court may, on application made to it before or at the hearing, direct that any particular fact alleged in the petition or answer may be proved by affidavit.

20. If on the hearing of the petition an order of legitimation is made, the order shall be in Form 8 in the Appendix hereto.

PART IV GENERAL

21. In respect of originating summonses and petitions under these Rules there shall be charged a fee of είκοσι τρία ευρώ, and in respect of other proceedings or matters there shall be charged the fees payable in actions relating to claims exceeding πεντήκοντα pounds.

21Α. Τα δικαστικά έξοδα οιασδήποτε διαδικασίας θα επαφίενται εις την κρίσιν του Δικαστηρίου.

21Β. Τηρουμένης οιασδήποτε ειδικής διαταγής του δικαστηρίου τα έξοδα τα οποία θα επιτρέπωνται εις τους δικηγόρους παρά των πελατών των ή μεταξύ των διαδίκων, εν σχέσει προς οιανδήποτε διαδικασίαν, θα καθορίζωνται βάσει των κλιμάκων των προβλεπομένων από το εκάστοτε εν ισχύι Παράρτημα Β του περί Πολιτικής Δικονομίας Διαδικαστικού Κανονισμού διά πολιτικάς αγωγάς μεταξύ των διακοσίων και πεντακοσίων λιρών.

22. Subject to the provisions of these Rules and of any Law in force for the time being, the Civil Procedure Rules shall apply, with necessary modifications, to the practice and procedure in any proceeding or matter to which these Rules apply.

23. These Rules shall apply to any proceeding which is pending at the date on which these Rules come into operation subject to such directions as the court may think fit to give.

ΠΑΡΑΡΤΗΜΑΤΑ
APPENDIX

FORM No. 1.
LEGITIMATION PETITION BY FATHER-(Section 54 (2) (a).)
(Rule 10 (1).)

In the District Court of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220.
and
IN THE MATTER OF (1)
of           
The petition of (2) , of           
Sheweth:-

1. Your Petitioner claims to be the father of (3) who was born on the            day of , 19            , at            in the District of           
The birth of the said child is recorded by an entry numbered            and made on the day of            , 19            , in the Register of Births for the District of

2. The said child            is the natural child of (4) , of            , in the District of     , by your Petitioner.

3. The consent of the mother of the said child is attached to this petition (or the mother of the said childis dead or is a person under disability or an incapable person, as the case may be).

4. The consent of the said child is attached to this petition (or the said child is under eighteen years of age or a person under disability or an incapable person, as the case may be).

5. At the time of the conception of the said child a marriage between your Petitioner, and the mother of the said child was not forbidden, on account of relationship by blood or by marriage, by the family law of the (5) to which your Petitioner belongs.

6. The following persons are affected by the legitimation as aforesaid of the said child.(6)

7. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £            ,

8. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.

9. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court. (7)

10. Your Petitioner undertakes to pay the costs of the respondents to this petition if the Court so directs.

Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section of the Wills and Succession Law, Cap. 220.

Dated this            day of            , 19           
(Signed)

Note.-It is intended to deliver a copy of this petition to the Attorney- General and to serve this petition on

FORM No. 2.
LEGITIMATION PETITION BY MOTHER.-(Section 54 (2) (b).)
(Rule 10 (1).)


In the District of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220,
and
IN THE MATTER OF  (1) , of                       
The Petition of (2) , of            Sheweth :-

1. Your Petitioner is the mother of  (3) , who was born on the            day of            , 19            , at in the District of            . The birth of the said child is recorded by an entry numbered            and made on the            day of            , 19            , in the Register of Births for the District of

2. The said  (3) is the natural child of your Petitioner by  (4) , of            , in the District of

3. At the time of the conception of the said child a marriage between your Petitioner and the alleged father of the said child was not forbidden on account of relationship by blood or by marriage, by the family law of the (5) to which the said (4) belongs.

4. Both the said (4) and the said child are alive.

5. The following persons are affected by the legitimation as aforesaid of the said child (6)

6. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £

7. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.

8. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court.(8)

9. Your Petitioner undertakes to pay the costs of the Respondents to this petition if the Court so directs.

10. Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section 54 of the Wills and Succession Law, Cap. 220.

Dated this            day of            , 19           
(Signed)           
Note.-It is intended to deliver a copy of this petition to the Attorney-General and to serve this petition on

FORM No.3.
NOTICE OF HEARING OF LEGITIMATION PETITION.
(Rule 10 (3).)
(Title as in Form 1.)

TAKE NOTICE that the petition hereto annexed will be heard in the District Court of on the            day of            , 19            , at the hour of            noon and in default of your then appearing the Court will proceed to hear the said petition and pronounce judgment, your absence notwithstanding.
If you desire to make answer to the petition, you must file your answer in the Court registry within fourteen days after service of the petition upon you.
If your answer contains matter other than a simple denial of the facts stated in the petition, the answer must be accompanied by an affidavit made by you verifying such other matter as far as you have personal knowledge thereof and deposing to your belief in the truth of the rest of such other matter.
You must deliver a copy of the answer and affidavit (if any) to the other parties to the petition, within fourteen days after service of the petition on you
Dated the            day of            , 19           

[SEAL]    Registrar.

FORM No. 4.
AFFIDAVIT IN SUPPORT OF PETITION.
(Rule 13.)
(Title as in Petition.)

I,            , of            , the Petitioner (or the guardian of the Petitioner) in the above matter, make Oath and say as follows :-
1. That the statements contained in paragraphs             of my petition dated the            day of            , 19            , are true.
2. That the statements contained in paragraphs            of my said petition are true to the best of my knowledge, information and belief.
(Signature)           
Sworn and signed before me on the            day of            , 19            , at           
Registrar.
This affidavit is filed on behalf of the Petitioner.

FORM No.5.
CONSENT TO LEGITIMATION ORDER.-(Section 54 (2) (a).)
(Rule 14.)


In the District Court of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW, CAP. 220,
and
IN THE MATTER of a petition by (1) .for an order of legitimation of (2)
I, the undersigned             , of            in the District of            , being-the mother of the said child (3) the child whose legitimation the Court is asked to order (3) hereby state that I understand the nature and effect of the legitimation order for which application is made, and I hereby consent to the making of the legitimation order in pursuance of the said application.
(Signature)           
Signed at            on the            day of            , 19            , by the said            who satisfied me that she/he fully understood the nature of the foregoing statement and was prepared to consent.
Before me

(Signature)           
Registrar/Certifying Officer.

FORM No. 6.
NOTICE TO ATTORNEY-GENERAL OF HEARING OF LEGITIMATION PETITION.
(Rule 17 (2).)
(Title as in Petition.)


TAKE-NOTICE that the petition in the above matter will be heard in the District Court of            on the            day of            , 19            ,. at the hour of            in the            noon.
Dated this            day of            , 19           
[SEAL]

Registrar.

TO THE HON. ATTORNEY-GENERAL, NICOSIA.

FORM No.7.
ANSWER TO LEGITIMATION PETITION.
(Rule 18 (1).)
(Title as in Form. 1.)


The Respondent            by            his advocate (or in person), in answer to the petition filed in the above matter says:
(1) That the said            is not the natural child of            as alleged in the petition;
(2) That at the time of the conception of the child a marriage between the parents would be forbidden, on account of relationship by blood, namely             (or as may be).
WHEREFORE THIS RESPONDENT HUMBLY PRAYS that the prayer of the petition may be rejected.
Dated this            day of            , 19

FORM No. 8.
LEGITIMATION ORDER.
(Rule 20.)
(Title as in Form 1.)

UPON READING the petition of            , of            , presented to this Court in the above matter and upon reading the affidavit (s) of              and several the exhibits thereto.
AND UPON HEARING           
AND the Court being satisfied that the allegations contained in the said petition are true and that a copy of the said petition was duly delivered to the Attorney-General and that all proper persons have been served with the said petition.
This Court Doth Hereby Declare the said             legitimate.
And This Court Doth Further Declare that as from the date of his birth, the said     has the legal status of a legitimate child in respect of his father,            and mother             ,in the said petition mentioned, and their relatives by blood.
Dated this            day of            , 19            

In the District Court of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220.
and
IN THE MATTER OF                       
of           
The petition of             , of           
Sheweth:-
1. Your Petitioner claims to be the father of             who was born on the            day of , 19            , at            in the District of           
The birth of the said child is recorded by an entry numbered            and made on the day of            , 19            , in the Register of Births for the District of           
2. The said child            is the natural child of             , of            , in the District of     , by your Petitioner.
3. The consent of the mother of the said child is attached to this petition (or the mother of the said child is dead or is a person under disability or an incapable person, as the case may be).
4. The consent of the said child is attached to this petition (or the said child is under eighteen years of age or a person under disability or an incapable person, as the case may be).
5. At the time of the conception of the said child a marriage between your Petitioner, and the mother of the said child was not forbidden, on account of relationship by blood or by marriage, by the family law of the             to which your Petitioner belongs.
6. The following persons are affected by the legitimation as aforesaid of the said child.
7. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £            ,
8. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.
9. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court.
10. Your Petitioner undertakes to pay the costs of the respondents to this petition if the Court so directs.
Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section of the Wills and Succession Law, Cap. 220.
Dated this            day of            , 19           
(Signed)                       
Note.-It is intended to deliver a copy of this petition to the Attorney- General and to serve this petition on           
FORM No. 2.
LEGITIMATION PETITION BY MOTHER.-(Section 54 (2) (b).)
(Rule 10 (1).)
In the District of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220,
and
IN THE MATTER OF                         , of                       
The Petition of             , of            Sheweth :-
1. Your Petitioner is the mother of             , who was born on the            day of            , 19            , at in the District of            . The birth of the said child is recorded by an entry numbered            and made on the            day of            , 19            , in the Register of Births for the District of           
2. The said             is the natural child of your Petitioner by             , of            , in the District of           
3. At the time of the conception of the said child a marriage between your Petitioner and the alleged father of the said child was not forbidden on account of relationship by blood or by marriage, by the family law of the             to which the said             belongs.
4. Both the said             and the said child are alive.
5. The following persons are affected by the legitimation as aforesaid of the said child

6. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £           
7. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.
8. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court.
9. Your Petitioner undertakes to pay the costs of the Respondents to this petition if the Court so directs.
10. Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section 54 of the Wills and Succession Law, Cap. 220.
Dated this            day of            , 19           
(Signed)           
Note.-It is intended to deliver a copy of this petition to the Attorney-General and to serve this petition on
FORM No.3.
NOTICE OF HEARING OF LEGITIMATION PETITION.
(Rule 10 (3).)
(Title as in Form 1.)
TAKE NOTICE that the petition hereto annexed will be heard in the District Court of on the            day of            , 19            , at the hour of            noon and in default of your then appearing the Court will proceed to hear the said petition and pronounce judgment, your absence notwithstanding.
If you desire to make answer to the petition, you must file your answer in the Court registry within fourteen days after service of the petition upon you.
If your answer contains matter other than a simple denial of the facts stated in the petition, the answer must be accompanied by an affidavit made by you verifying such other matter as far as you have personal knowledge thereof and deposing to your belief in the truth of the rest of such other matter.
You must deliver a copy of the answer and affidavit (if any) to the other parties to the petition, within fourteen days after service of the petition on you
Dated the            day of            , 19           

[SEAL]    Registrar.
FORM No. 4.
AFFIDAVIT IN SUPPORT OF PETITION.
(Rule 13.)
(Title as in Petition.)
I,            , of         In the District Court of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220.
and
IN THE MATTER OF                       
of           
The petition of             , of           
Sheweth:-
1. Your Petitioner claims to be the father of             who was born on the            day of , 19            , at            in the District of           
The birth of the said child is recorded by an entry numbered            and made on the day of            , 19            , in the Register of Births for the District of           
2. The said child            is the natural child of             , of            , in the District of     , by your Petitioner.
3. The consent of the mother of the said child is attached to this petition (or the mother of the said child is dead or is a person under disability or an incapable person, as the case may be).
4. The consent of the said child is attached to this petition (or the said child is under eighteen years of age or a person under disability or an incapable person, as the case may be).
5. At the time of the conception of the said child a marriage between your Petitioner, and the mother of the said child was not forbidden, on account of relationship by blood or by marriage, by the family law of the             to which your Petitioner belongs.
6. The following persons are affected by the legitimation as aforesaid of the said child.
7. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £            ,
8. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.
9. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court.
10. Your Petitioner undertakes to pay the costs of the respondents to this petition if the Court so directs.
Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section of the Wills and Succession Law, Cap. 220.
Dated this            day of            , 19           
(Signed)                       
Note.-It is intended to deliver a copy of this petition to the Attorney- General and to serve this petition on           
FORM No. 2.
LEGITIMATION PETITION BY MOTHER.-(Section 54 (2) (b).)
(Rule 10 (1).)
In the District of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW,
CAP. 220,
and
IN THE MATTER OF                         , of                       
The Petition of             , of            Sheweth :-
1. Your Petitioner is the mother of             , who was born on the            day of            , 19            , at in the District of            . The birth of the said child is recorded by an entry numbered            and made on the            day of            , 19            , in the Register of Births for the District of           
2. The said             is the natural child of your Petitioner by             , of            , in the District of           
3. At the time of the conception of the said child a marriage between your Petitioner and the alleged father of the said child was not forbidden on account of relationship by blood or by marriage, by the family law of the             to which the said             belongs.
4. Both the said             and the said child are alive.
5. The following persons are affected by the legitimation as aforesaid of the said child

6. The value of the property involved by the legitimation of the said child, so far as is known to your Petitioner, is £           
7. Your Petitioner is not acting in collusion with or with the connivance of any person for the purpose of obtaining an order and declaration of legitimation contrary to the justice of the case.
8. No previous proceedings under the Wills and Succession Law, Cap. 220, or otherwise, with reference to the paternity of the said child have been taken in any Court.
9. Your Petitioner undertakes to pay the costs of the Respondents to this petition if the Court so directs.
10. Your Petitioner therefore prays-
That the said            (child) may be declared legitimate under the provisions of section 54 of the Wills and Succession Law, Cap. 220.
Dated this            day of            , 19           
(Signed)           
Note.-It is intended to deliver a copy of this petition to the Attorney-General and to serve this petition on
FORM No.3.
NOTICE OF HEARING OF LEGITIMATION PETITION.
(Rule 10 (3).)
(Title as in Form 1.)
TAKE NOTICE that the petition hereto annexed will be heard in the District Court of on the            day of            , 19            , at the hour of            noon and in default of your then appearing the Court will proceed to hear the said petition and pronounce judgment, your absence notwithstanding.
If you desire to make answer to the petition, you must file your answer in the Court registry within fourteen days after service of the petition upon you.
If your answer contains matter other than a simple denial of the facts stated in the petition, the answer must be accompanied by an affidavit made by you verifying such other matter as far as you have personal knowledge thereof and deposing to your belief in the truth of the rest of such other matter.
You must deliver a copy of the answer and affidavit (if any) to the other parties to the petition, within fourteen days after service of the petition on you
Dated the            day of            , 19           

[SEAL]    Registrar.
FORM No. 4.
AFFIDAVIT IN SUPPORT OF PETITION.
(Rule 13.)
, the Petitioner (or the guardian of the Petitioner) in the above matter, make Oath and say as follows :-
1. That the statements contained in paragraphs             of my petition dated the            day of            , 19            , are true.
2. That the statements contained in paragraphs            of my said petition are true to the best of my knowledge, information and belief.
(Signature)           
Sworn and signed before me on the            day of            , 19            , at           
Registrar.
This affidavit is filed on behalf of the Petitioner.
FORM No.5.
CONSENT TO LEGITIMATION ORDER.-(Section 54 (2) (a).)
(Rule 14.)
In the District Court of           
IN THE MATTER OF SECTION 54 OF THE WILLS AND SUCCESSION LAW, CAP. 220,
and
IN THE MATTER of a petition by             .for an order of legitimation of            
I, the undersigned             , of            in the District of            , being-the mother of the said child (3) the child whose legitimation the Court is asked to order             hereby state that I understand the nature and effect of the legitimation order for which application is made, and I hereby consent to the making of the legitimation order in pursuance of the said application.
(Signature)           
Signed at            on the            day of            , 19            , by the said            who satisfied me that she/he fully understood the nature of the foregoing statement and was prepared to consent.
Before me
(Signature)           
Registrar/Certifying Officer.
FORM No. 6.
NOTICE TO ATTORNEY-GENERAL OF HEARING OF LEGITIMATION PETITION.
(Rule 17 (2).)
(Title as in Petition.)
TAKE-NOTICE that the petition in the above matter will be heard in the District Court of            on the            day of            , 19            ,. at the hour of            in the            noon.
Dated this            day of            , 19           
[SEAL]
Registrar.
TO THE HON. ATTORNEY-GENERAL, NICOSIA.
FORM No.7.
ANSWER TO LEGITIMATION PETITION.
(Rule 18 (1).)
(Title as in Form. 1.)
The Respondent            by            his advocate (or in person), in answer to the petition filed in the above matter says:
(1) That the said            is not the natural child of            as alleged in the petition;
(2) That at the time of the conception of the child a marriage between the parents would be forbidden, on account of relationship by blood, namely             (or as may be).
WHEREFORE THIS RESPONDENT HUMBLY PRAYS that the prayer of the petition may be rejected.
Dated this            day of            , 19           
FORM No. 8.
LEGITIMATION ORDER.
(Rule 20.)
(Title as in Form 1.)
UPON READING the petition of            , of            , presented to this Court in the above matter and upon reading the affidavit (s) of              and several the exhibits thereto.
AND UPON HEARING           
AND the Court being satisfied that the allegations contained in the said petition are true and that a copy of the said petition was duly delivered to the Attorney-General and that all proper persons have been served with the said petition.
This Court Doth Hereby Declare the said             legitimate.
And This Court Doth Further Declare that as from the date of his birth, the said     has the legal status of a legitimate child in respect of his father,            and mother             ,in the said petition mentioned, and their relatives by blood.
Dated this            day of            , 19

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3 του Διαδικαστικού Κανονισμού 06.061986 (8/1986)Έναρξη Ισχύος

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