Proof Affidavit In Probate Proceedings (under Section 276 The Indian Succession Act 1925) Attestation Of Will - Legal Draft

Precedent No. 52

PROOF-AFFIDAVIT: IN PROBATE PROCEEDINGS (UNDER SECTION 276 OF THE INDIAN

SUCCESSION ACT, 1925) - ATTESTATION OF WILL

IN THE COURT OF THE DISTRICT JUDGE,

Petition for Probate No of

In Re:

Will dated executed by Shri , S/o , resident of

AFFIDAVIT

1. I, , S/o , Hindu, aged years,

residing in, do hereby solemnly affirm and declare as under:—

1. I personally knew the deceased referred to above and I am well

conversant with the facts deposed hereunder. I am competent to swear to

this affidavit.

1. On of , 20 , I was present alongwith Shri , S/

o , aged , resident of in the

house of the said deceased in and saw the deceased sign and execute

the Will in the language. The said Will is attached herewith as

Annexure 'A'

and published as and to be his last Will and the Testament.

1. Thereupon, at the request of the said deceased and in his presence

andpresence of each other all being present at the same time, I, the

deponent herein,

and Shri , set and subscribed our signatures to the said Will as

witnesses

thereto.

1. The signature of at the foot of the Will and on the margin of pages

1, 2 and 3 and the interlineations on line 8 and 10 of page 4 of the

said Will andthat of the deponent and the said are in the proper and

respective hand-writings of the Testator and the witnesses respectively,

attesting the saiddocument.

1. I submitted that, at the relevant time, the deceased referred to

above was inperfect health and of sound mind, memory and understanding

and made andpublished the said Will on his free volition, will and

pleasure, and without any force,coercion or undue influence from any

person whatsoever.

Sd./ Deponent.

Verification

Verified at on this the day of ,

20 , that the contents of the above affidavit are true and correct to

the best

of my knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.