PETITION FOR PROBATE OR LETTERS OF
ADMINISTRATION
WITH THE WILL ANNEXED [CD1]
IN THE COURT OF District Judge …………………..
District..................
Original petition No……………........
of..................... under Indian Succession Act 1925 per Matter of the Will
of A ......................... expired Petition of X son of E by caste
...................................: by
occupation ...................... residing
at....................................................................................................
Respectfully
sheweth:
(1)
That the above-named A after it
referred to as said deceased who being a Hindu ruled by Hindu Succession Act
(Act XXX of 1956) and expired on the .........day of......... at.........
within the jurisdiction of this court which had been his fixed place of
residence (or where he was temporarily resident, his fixed place of residence
being at...... within the jurisdiction of this court or leaving the property
within the jurisdiction of this court as will appear from the affidavit of
assets instituted herewith.
(2)
That before to his death and on
the ......... day of......... the deceased made/published his last will and
testament whereby he selected petitioner being sole executor and
left/bequeathed his property and effects thereof as defined therein.
(3)
The said will is enclosed to
the affidavit of Sri .......... one of attesting witnesses and it will clearly
from said affidavit as same was duly executed by said deceased before the
witnesses whose names appear at the bottom thereof and was also attested by
them.
(4)
Petitioner is the same person
as X the executor named in the will and, hence he bears right to probate
thereof (or where the application is for letters of administration with a copy
of the will enclosed—as the said testator did not select any executor of his
said will, petitioner being his eldest son and one of persons bearing a right
to a share of his property in the case of intestacy—bear right to and so claims
management of the property and credits of the said A.
(5)
That petitioner has truly given
in Annexure A to his affidavit valuation instituted herewith all the properties
with credits which the deceased expired possessed of or was otherwise having at
the time of his death which have come or about to come to petitioner's hands
and so far as petitioner has been able to find out or is aware, there are no
property/credits other than what are stated in the Annexure A of said
affidavit. If other assets are discovered petitioner undertakes to pay the
required court-fee on that account.
(6)
That petitioner has also truly
given in Annexure B to his said affidavit all items which legally he is allowed
to deduct.
(7)
The value of assets which will
come to petitioner's hands in case of probate of the will or letters of
administration with a copy enclosed thereto being allowed does not exceed the
aggregated sum of Rs. ……………....... and the net amount after deducting all items
which he is legally allowed to deduct by him being under the value of Rs.
………............
(8)
That the deceased was a Hindu
ruled by Hindu Succession Act (Act 30 of 1956) and at the time of his expiry he
left the following and none other relations who would have been his successors
in case of intestacy under the said Act.
Name, address, age and
relationship: remarks, if any (full details)
(9)
That petitioner has duly paid
the ad valorem duty payable relating to property of deceased.
(10)
That no application has been
made before any other court in probate of said will/letters of administration
with a copy enclosed thereto and no proceedings or suit are pending for
managing of the estate.
(11)
petitioner hereby undertakes to
manage the estate with credits of the said A deceased and to make and file a
full and true inventory thereof for exhibiting the same in this court by six
months from date of granting probate of will (or letters of administration) to
him, and also give this court a true account of said estate with credits by one
year from said date.
That this application is
made bona
fide. Petitioner therefore prays:
(a)
That probate of said will (or
letters of administration to estate and credits of the said expired, along with
copy of said will enclosed) effecting throughout the State
of………………………………......... may be allowed to him.
(b)
For such other reliefs as
this court
may consider
fit.
Prepared in my office:
Advocate for the
petitioner
Verification of the
Applicant [CD2]
I, ................................. the above-named petitioner, do
hereby declare and say that the statements contained in paragraphs 1, 2,3, 4,
5, 6, 7, 8, 9,10 and 11 of the above petition are true to my best knowledge and
those bearing in paragraphs 12 and 13 thereof are my presentations.
I sign this verification
at................... this ......... day of.............
DECLARATION OF WITNESS
I,…………….............. one of the witnesses
to the last will and testament of……........the testator stated in the above
petition, do say and declare that I was present on the ......... day
of......... at............ and saw the testator affix his hand/signature or
mark to said will, marked A per Affidavit of................... instituted
herewith (or that the said testator admits the writing enclosed to above
petition and marked A, to be his last will/testament in my presence).
Solemnly affirmed by the said ............
witness this ............day of ............ at
court House at Bombay
Sign
Before me
Commissioner/Magistrate/Oath
Officer
0 Comments
Thank you for your response. It will help us to improve in the future.