Petition For Probate To Have Effect Throughout India Deeds Testamentary Matters 1754 - Legal Draft

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Category : Deeds Testamentary Matters

Petition for Probate to have Effect throughout India

In the court of the District Judge

Original Petition No

......... under Indian
Succession Act 1925
In the Goods of AB late of No ......... deceased
Most Respectfully Sheweth:
(1) That the above-named AB hereinafter referred to as the said deceased who was a Hindu governed by the Hindu Succession Act (Act XXX of 1956) died on the .......... day of ......... at ........ within the jurisdiction of this court, which was his fixed place of residence.
(2) That at the time of his death the deceased left the following and no other persons who would have been his heirs under the said Act in case of intestacy (state name, address, age and relationship).
(3) That prior to his death and on the ......... day of ............ the said deceased made and published his last will and testament in English language and character whereby and whereunder he appointed your petitioner as the sole executor and left and bequeathed his estate and the effects thereof in the manner indicated therein.
(4) The said will is annexed to the affidavit of Sri .......... , one of the attesting witnesses and marked with the letter A and it will appear from the said affidavit that the said will was duly executed by the deceased in the presence of witnesses whose names appear at the foot thereof and attested by them.
(5) Your petitioner is the same person named as CD, the executor appointed by the said will.
(6) That the petitioner has truly set forth in Annexure A to his affidavit of valuation filed herewith all the properties and credits which the deceased died possessed of or was otherwise entitled to at the time of his death which have come or are likely to come to the petitioner's hand and so far as the petitioner has been able to ascertain or is aware, there are no property and credits other than what are specified in the Annexure A of the said affidavit and in case of discovery of other assets your petitioner undertakes to pay the requisite court-fee on that account.
(7) That the petitioner has also truly set forth in Annexure B to his said affidavit all the items that by law he is allowed to deduct.
(8) It will appear from the said affidavit of assets that the value of the assets which are likely to come to your petitioner's hands in the event of the grant of probate of the said will in his favour does not exceed in the aggregate the sum of Rs .... out of which assets of the value of Rs .......... are situate in the State of West Bengal, within the jurisdiction of this court and assets of the value of Rs .......... are situate in the State of Maharashtra, within the local limits of the jurisdiction of the High Court of Bombay.

The value of the assets of the said deceased beyond the limit of the State of West Bengal does not exceed Rs. 10,000.

(9) That to the best of your petitioner's knowledge, no application has been made to any High Court or other District Court for probate of the said will or for letters of administration of the said estate, intended to have effect throughout India, (or, on or about the ..... day of .......... application was made to the Court of the District Judge of .......... by EF ........... of ........... for a grant of probate of the said will to him, and the same was on the ........... day of ........... dismissed on the ground that the said EF was not appointed executor by the said will, or as the case may be).
(10) That your petitioner has paid the ad valorem duty payable for the grant of probate hereunder made and in case of discovery of any further assets, your petitioner undertakes to pay the deficit court-fees on that account.
(11) Your petitioner does hereby undertake to duly administer the property and credits of the said deceased and to make a full a n d true inventory thereof and exhibit the same in this court within six months from the date of grant of probate to him and also to render to this court a true account of the said property and credits within one year from the said date.
Your petitioner therefore prays:
(a ) Probate of the will with effects throughout the Union of India may be granted to him.
( b ) For such other relief as to the court may deem fit, Verification of the Petitioner
I,

............ the above-named petitioner do hereby declare and say that the statements contained in paragraphs 1 to 9 of the above petition are true to my knowledge and those contained in paragraphs 10 and 11 thereof are my humble submissions.
I sign this verification at Calcutta
this ........ day of ..............

Declaration of Witness

I, .............. one of the witnesses to the last Will and Testament of

............ the Testator mentioned in the above petition do declare and say that I was present on the ........... day of ................ at ..................... and saw the Testator affix his hand and signature or mark to the said Will marked "A" to the affidavit of ................... FILED herewith (or that the said Testator acknowledged the writing annexed to the above petition and marked "A" to be his last Will and Testament in my presence.
Solemnly affirmed by the said ............
This .......... day of ............. at the Court
House at Calcutta Signature
Before me Commissioner/Magistrate