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Probate of Will Format

1) The petitioner is requesting probate of the will of [deceased person's name] who passed away on [date]. 2) The will, dated [date], names the petitioner as the executor and leaves all of the deceased's property to their son [name]. 3) The petitioner has provided schedules of the deceased's assets, legal deductions, and non-beneficial trusts as required by law. They are requesting the court grant probate of the will and any other necessary relief.

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Pranav Gupta
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100% found this document useful (1 vote)
735 views4 pages

Probate of Will Format

1) The petitioner is requesting probate of the will of [deceased person's name] who passed away on [date]. 2) The will, dated [date], names the petitioner as the executor and leaves all of the deceased's property to their son [name]. 3) The petitioner has provided schedules of the deceased's assets, legal deductions, and non-beneficial trusts as required by law. They are requesting the court grant probate of the will and any other necessary relief.

Uploaded by

Pranav Gupta
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE ___________JUDGE _________COURT

PETITION NO. __________ OF 20__

Petition for probate of the will of (a)


____________________Deceased.

IN THE MATTER OF:

Mr.
AAA_________                                                            PETITION
ER
R/O_____________ OCCUPATION _________

(If deceased was a bachelor or spinster that should be stated)

PETITION FOR PROBATE OF WILL OF XXX EXPIRED ON ____


IN FAVOUR OF AAA SON OF XXX BY CASTE _____ UNDER
SECTION 276 OF INDIA SUCCESSION ACT, 1925

MOST RESPECTFULLY SHOWETH:

(1) That the above-named XXX (hereinafter after to as said


deceased) who being a Hindu ruled by Hindu Succession Act 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 the said deceased left a writing, which is his last will and
testament. The said writing, hereinafter referred to as the will, is
marked Exhibit "A" and is handed in separately for being filed and
kept in a safe place in the office of the Prothonotary and Senior
Master. A copy of the said will is hereto annexed and also marked
Exhibit "A'.

(3) That the said will duly executed at ______ on the ______ day of
______20 ______
(5) That the petitioner is the executor or one of the executors
named in the said will or the executor according to the tenor
thereof.

(6) That the petitioner has truly set forth in schedule No. I, hereto
annexed and marked Exhibit "B", all the property and credits which
the deceased died possessed of or entitled to at the time of his
death, which have or are likely to come to his hands.

(7) That the petitioner has truly set forth in schedule No. II, hereto
annexed the marked Exhibit "C", all the items that by law he is
allowed to deduct for the purpose of ascertaining the net estate of
the deceased.

(8) That the petitioner has truly set forth in Schedule No. III, hereto
annexed and marked Exhibit "D", the property held by the deceased
as trustee for another and nor beneficially or with general power to
confer a beneficial interest.

(9) That the assets of the deceased after deducting the items
mentioned in Schedule No. II but including all rents, interest and
dividends which have accrued since the date of the death of the
deceased and increased value of the assets since the said date are
of the value of Rs ______

(10) 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.
______

(11) 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)

(12) That petitioner has duly paid the ad valorem duty payable
relating to property of deceased.

(13) 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.

(14) 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.

15. That this application is made bona fide.

16. In the facts and circumstances of case mentioned herein above


this Hon'ble Court may graciously be pleased to:
 

PRAYER

That the Plaintiff, therefore, prays:

a) to pass order to probate will dated ________ in favour of the


Petitioner effecting throughout the State of _______.

b) to grant any other relief, which the Hon'ble court deems fit, may
please be granted to the plaintiff in the interest of justice.

PETITIONER

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION BY THE APPLICANT

I, ______ ______ ______ the above-named petitioner, do hereby


declare and say that the statements contained in paragraphs __ to
__ and __ of the above petition are true to my best knowledge and
those bearing in paragraphs __ and __ thereof are my
presentations.

Verified at ____ on this ______ day of _____ 20__


PETITIONER

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

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