Draft a Petition for grant of probate of a will.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
Draft a Petition for grant of probate of a will.

Answer & Explanation:

Petition for grant of probate of a will (Under Section 276 of the Indian Succession Act, 1925) In the Court of the District Judge Act 39 of 1925 Case (Or. Misc. Judicial Case) No. ............ of XXX ............ 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 Section 276 of the Indian Succession Act, 1925. The above-named petitioner states as follows: 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 ............ That the petitioner was named as the executor in the said will. That the amount of assets which is likely to come to the petitioner's hand is estimated at ₹ ............ as described in Schedule 'A' below (when necessary – and the amount of debts are shown in Schedule 'B' below). That the said deceased left behind the following relations, besides the petitioner: (i) G. ............ Son of ............ Brother (of the deceased) (State residence) (ii) H. ............ widow of ............ Widow (of the deceased) (State residence) (iii) M. ............ Daughter of ............ Daughter (of the deceased) (State residence) 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. 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 Section 279 of the Indian Succession Act, 1925). (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 ............ Year ............ 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. Schedule 'A' (State here assets likely to come to the hand of the executor). Schedule 'B' (State here liabilities, debts, if any – where necessary).

Topics: Pleadings

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