Petition For Revocation Of Grant Of Probate, Letters Of Administration, Certificate Deeds Testamentary Matters 1755 - Legal Draft

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Category : Deeds Testamentary Matters

Petition for Revocation of Grant of Probate, Letters of Administration, Certificate

In the Court of.
In the goods of ..... (full name, address
and nationality)
And

In the matter of revocation of the grant of

probate of will or letters of
administration of the estate, or, in of GH
deceased
AB residing at ................ Petitioner
versus
CD residing at

............ Respondent
The humble petition of AB (state full
name, address and nationality)
Respectfully Sheweth:
1. That the deceased above-named who was a Hindu governed by the Dayabhaga or Bengal School of Hindu Law died intestate on the ..... day of .... at ......
2. That the deceased was governed by the Hindu Succession Act 1956 and at the time of death he left the following and no other persons as heirs and legal representatives (state, name, address, age and relationship).
3. That your petitioner being a son of the deceased is entitled to ....... share in the estate of the deceased.
4. That your petitioner was most surprised when he came to know on the day of ...................... that the Respondent No .......... has had on the ......... day of .................. obtained probate of a pretended will (which is completely a forged document manufactured by the said respondent) alleged to have been made and published by the deceased on the day of ...... of which he never heard except for the first time as on the ......... day of ........... and of which he had no means of knowledge of the proceedings in relation thereto.
5. That your petitioner was not served with any citation or any other notice nor had any information in connection with the grant of probate of the said purported will.
6. That the said will is also hard and unkind inasmuch as it has left out all near relations, including your petitioner, and purports to give the entire estate unto and in favour of the respondent No. 1 and thereby deprive your petitioner and also the other heirs from their legitimate rights and shares in the estate.
7. That in the circumstances and in the ends of justice your petitioner is advised and he respectfully submits that this court might be pleased to revoke the grant of probate.
8. That this application is made bona fide.
Your petitioner therefore prays for an order revoking probate of the said will.

Verification

I, .......... residing at ................ being the ....................... of the above- named do hereby declare and say that the statements contained in the paragraphs 1 to 8 of the above petition and are true to my knowledge and the rest are my humble submissions to this Learned Court.
I sign this verification at .............. this ................. day of .......... 200 5 .
Signature Before me Notary
Prepared in my Office Advocate for the Petitioner