Petition for Grant of Probate of a Will (India)
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.
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).
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