Petition for Grant of Probate of a Will (India) by OLL
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Petition for grant of probate of a will
(Under s. 276 of the Indian Succession Act 1925)
In the Court of the District Judge/District Delegate at.................. Act 39 of 1925 Case (Or. Misc. Judicial Case) No. ............of 20.......
A.B. son of C.D. (State here description and address) ...................... Petitioner. In the matter of grant of a probate of the will of E.F.,
deceased, under s. 276 of the Indian Succession Act. The above-named petitioner states as follows:
1. That E.F., since deceased of ...............P.S. .................... Dist.............died at his residence at..................... on.....................(date of death) and the writing annexed, in sealed cover, is his last will, duly executed by the deceased on............
2. That the petitioner was named as the executor in the said will.
3. That the amount of assets which is likely to come to the petitioner’s hand is estimated at Rs................as described in Schedule ‘A’ below (when necessary – and the amount of debts are shown in Schedule ‘B’ below).
4. That the said deceased left behind the following relations, besides the petitioner : (i) G............... Son of ............... (State residence) Brother (ii) H......... widow of of the deceased. (State residence) Widow (iii) M............Daughter of (State residence) Daughter
5. That at the time of his death the deceased had his fixed abode at............ (or the deceased had his immovable properties at village – P.S. – Dist.-) within the jurisdiction of this court.
6. That to the best of the petitioner’s belief no application has been made to any other court for a probate of the said will (see s. 279 of the Indian Succession Act).
7. (Where necessary) That the petitioner has paid off Estate Duty on the estate of E.F. – deceased.
The petitioner, therefore, prays that the court may be pleased to grant to the petitioner probate of the said will of the deceased.
Verification
I, (A.B.), the petitioner in the above petition, declare that statements made in paras 1 to 7 hereinabove are true to my knowledge and belief and I sign this verification this the ......................day of ............ 20.......
at the Bar Library, ....................... .(place)
(see s. 280 of the Indian Succession Act).
A.B. I, Sri.....................one of the witnesses to the last will of E.F. deceased, declare that I was present and saw the said testator affixing his signature in the said will. (See s. 281 of the Indian Succession Act). Schedule ‘A’ (State here assets likely to come to the hand of the executor). Schedule ‘B’ (State here liabilities, debts, if any – where necessary).
This document is a formal court petition used by an executor to apply for a grant of probate. It follows the requirements of the Indian Succession Act 1925 to prove the validity of a deceased person's will and authorize the executor to manage the estate.
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About this template
What is this template?
This is a formal court petition filed under Section 276 of the Indian Succession Act 1925 to obtain probate. It is not an application for Letters of Administration, as it is specifically designed for executors named within a validly executed will. The document contains dedicated schedules for listing assets (Schedule A) and liabilities (Schedule B) of the deceased.
When should you use it?
Use this form when you have been named as an executor in a will and need to prove the will's validity in an Indian court to manage the deceased's assets. If the deceased died without leaving a will, use an Application for Letters of Administration instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Executor Status | Identifies the Petitioner as the specific individual named as the executor within the deceased's last will. |
| 3 | Asset Estimate | Requires the Petitioner to state the estimated value of assets in Indian Rupees as detailed in Schedule A. |
| 4 | Family Relations | Lists the deceased's surviving relatives, including the widow, children, and siblings, to ensure all interested parties are identified. |
| 5 | Jurisdiction Statement | Confirms the deceased had a fixed abode or immovable property within the specific court's territorial jurisdiction at the time of death. |
| 6 | Exclusivity of Application | Asserts that no other application for probate of the same will has been made in any other court per Section 279. |
Who it's for
- an executor named in a will seeking legal authority to administer an estate in India
- legal practitioners filing for probate in a District Judge or District Delegate court
- beneficiaries of an estate where the deceased left immovable property in a specific Indian district
How long it runs and how it's signed
Law it's drafted under
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