Probate Of Will In Solemn Form Legal Draft Template
| Category | Agreements Civil Procedure Code |
| Format | |
| File name | Probate of Will in Solemn Form |
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- The said will and
codicil of the deceased were not duly executed according to the provisions of
the Indian Succession Act, 1865 (10 of 1865) {See now the Indian Succession
Act, 1925 (39 of 1925).} [or of the Hindu Wills Act, 1870 (21 of 1870) {See now
the Indian Succession Act, 1925 (39 of 1925).} ].2. The deceased at the
time the said will and codicil respectively purport to have been executed, was
not of sound mind, memory and understanding.3. The execution of the
said will and codicil was obtained by the undue influence of the plaintiff [and
others acting with him whose names are at present unknown to the defendant].4. The execution of the
said will and codicil was obtained by the fraud o f the plaintiff, such fraud
so far as is within the defendant's present knowledge, being [state the nature
of the fraud].5. The deceased at the
time of the execution of the said will and codicil did not know and approve of
the contents thereof [or of the contents of the residuary clause in the said
will, as the case may be].6. The deceased made is
true last will, dated the 1st January, 1873, and thereby appointed the
defendant sole executor thereof.The
defendant claims-- --1. that the Court will
pronounce against the said will and codicil propounded by the plaintiff;2. that the Court will
decree probate of the will of the deceased, dated the 1st January, 1873, in
solemn form of law.