20. PETITION UNDER SECTION 278 OF THE INDIAN SUCCESSIOR ACT FOR GRANT OF PROBA ADMINISTRATION. [CD1] 

PETITION UNDER SECTION 278 OF THE INDIAN SUCCESSIOR ACT FOR GRANT OF PROBA ADMINISTRATION

 

 

IN THE COURT OF THE ..................

Probate No. .................. of 19...................

 

C.F..................................... Petitioner

versus

C.D............................. ... Respondents

 

Respectfully Showeth :

1. That..... widow of ...................., resident of .......... date at ...........on

................... The copy of the death certificate is attached herewith.

2. That the deceased had left behind her the legal heirs described as respondents .................. above. Their relations with the deceased ... as under :

The respondent ................... are the brothers of husband of the deceased. The respondents .................... are the daughters of Late Shri .................... respondent............... is the widow of Late ................ and respondent No: ............. İS the son of Late ................. who was the brother of the deceased.

The respondents ................... are the brothers and respondents  are the sisters of the deceased.

3. That the deceased....... had a fixed place of abode in India and had her ordinary place of residence at House No…………………………….

4. That ............. deceased had bequeathed all her properties! and immovables) deposits in various banks as well as the immoveable mentioned in ...................... attached to this petition in favour of the per her will dated ................, duly registered on ..................., which is her last will and the same was duly executed

1……………………………..

2. ..........................

 

5. That the petitioner has obtained Succession Certificate monies deposited in various banks from the court of Shri………………....in case no…………… decided on .............. on the basic of the said will.

6. That the deceased .................... has also bequeathed her…………………. house situated in……………………and...... lying in safe no………………..of ……………..The details of the property bequeathed to t approximate value is mentioned in ....... value of the

Same in Rs……………….

7. That the petitioner had earlier applied for the or Administration in respect of Property  .................... and with lying in Safe No...................... only. However, in the pres has also included the two properties situated in ... petitioner. The previous petition was moved in the cour ... (Probate Case No..................... was appointed as ... court of the District Judge, and the safe No. the inventory of the ................. lying in the said safe was preno valuation report in respect of the jewellery was obtained from.............. vide his report dated .................... and the same was .................... by the said Valuer. The said petition was withdrawn h from the Court of the District Judge, .................... as the court of the na had no jurisdiction to decide the petition because value of the proper outside the jurisdiction of .................... court is more than Rs........... value of the .................. lying in safe No. .................... is Rs. petitioner came to know about its valuation only after the report of the Tom Commissioner appointed by the Court of the District Judge .................... Hence the present petition before the Hon'ble Court.

8. That the petitioner is the sole legatec, executor named in the said Will

9. That there is no impediment under Section 370 of the Indian Succession Act or any other provisions to the grant of Letter of Probate Administration in favour of the petitioner. The list of the property for which letter of Probate/Administration is applied for is given in ………………………………………....... attached to the petition.

 

PRAYER

It is, therefore, prayed that the letter of Probate/Administra the Will dated ..

...... duly executed by the deceased .............. granted in favour of the petitioner. Any other relief which the hom deems fit and proper in the circumstances of the case be also gram petitioner.

 Place ……………...

Dated …………………..

Petitioner Through Advocate

 

 

 

 

 

VERIFICATION

 

I ……………………………………………. Petitioner trust solemnly affirm that the contest of the above petition are true and correct to my knowledge.

                                                                                         petitioner         

Certificate by witness regarding Will.

I…………………………........ son of Shri...... resident of stated that .................. widow stated that ………….widow of Shri ............. had executed a Will dated …………………at her last Will and who had signed the same in my the presence  and in of the presence of  Shri.................... the owner attesting witness and I .................... had also signed as attesting witnesses thereof in the executant and in presence of each other.

PROCEEDINGS FOR GRANT OF SUCCESSION CERTIFICATE

The proceedings for grant of succession certificate are summary in nato that no rights are findly decided in such proceedings.'

Expression “claiming to have any interest in the estate of deceased's occurring in Section 283(1)c of Indian Succession Act would mean any interest however slight and even bare possibility of an interest would be sufficient to entitle a person to enter caveat and contest probate proceedings.2

 [CD1]PETITION UNDER SECTION 278 OF THE INDIAN SUCCESSIOR ACT FOR GRANT OF PROBA ADMINISTRATION.