Petition for Probate of Will
In the High Court at . . . . . . . . . . . . . . . .
Testamentary and Intestate Jurisdiction
In the Goods of . . . . . . . . . . . . . . .
of . . . . . . . in the . . . . . . . . . . . . . .
town of . . . . . . . , Hindu merchant
deceased. . . . . . . . . . . . . . . . . . . .
To
The Hon’ble Mr. . . . . . . ., Chief Justice and his companion Justices of this Hon’ble Court
The humble petition of . . . . . . . . . .
residing at . . . . . . . . . . in the town
of . . . . . . . . . . the sole executor of
the Will of the said deceased most
respectfully sheweth.
1. That the said . . . . . . . . the deceased abovenamed lately residing at . . . . . . . . in the town of . . . . . . . . within the jurisdiction aforesaid who was in his lifetime at the time of his death a Hindu governed by the . . . . . . . .School of Hindu Law departed his life at his dwelling house at No. . . . . . . . . in the town of . . . . . . . . on the . . . . . . . . day of . . . . . . . . 20 . . . . . . . . having duly executed his Will and Testament in English language and character bearing date the . . . . . . . , 20 . . . . . . . . and a codicil thereto also in the English language and character bearing date the . . . . . . . . 20 . . . . . . . ., whereby and whereof he appointed your petitioner his sole executor.
2. The signature of the testator of the said will was duly attested amongst others by . . . . . . . . and the signature of the testator in the codicil was duly attested amongst others by . . . . . . . The execution of the said will is proved by a declaration of . . . . . . . . one of the attesting witnesses to the said will and the execution of the said codicil is proved by a declaration of . . . . . . . . one of the attesting witnesses to the said codicil. The said declarations are hereto annexed.
3. The deceased abovenamed died leaving properties within the jurisdiction of this Hon’ble Court to be administered and your petitioner is desirous of obtaining from the Hon’ble Court a probate of the said Will abovenamed with effect throughout the Union of India.
4. That the particulars of the estate of the deceased abovenamed which so far as your petitioner has been able to ascertain are likely to come into the hands of your petitioner as such executor as aforesaid are set out in the affidavit of assets of your petitioner affirmed on the . . . . . . day of . . . . . . , 20 . . . . . . . . . and the value of the estate Will not after deducting the liabilities, with the best of petitioner’s information and belief, exceed the sum of Rs. . . . . . . . .
5. That so far as your petitioner has been able to ascertain and is aware there are no properties and effects other than those specified in the affidavit of assets.
6. Your petitioner undertakes in case of any other properties and effects coming to his hands to pay court fees payable in respect thereof.
7. That no intimation has been received by this Hon’ble Court from any other High Court or any other Court in the Union of India of any Grant of Probate or Letters of Administration to the estate and credits and effects of the said deceased as appealed from the Registrar’s Certificate hereto annexed and marked with letter ‘‘B’’.
8. That the amount of the value of the estate likely to come to your petitioner’s hands does not exceed Rs. . . . . . . . . and the duty payable in respect of the said estate as will appear from the certificate of the Taxing Officer hereto and marked with the letter ‘C’ has been paid.
9. That your petitioner is desirous of obtaining Grant of Probate of the said last Will and Testament dated the . . . . . . . . as also the said codicil dated . . . . . . . . of the deceased abovenamed out of and under the seal of this Hon’ble Court as sole executor named in the codicil.
Your petitioner therefore humbly prays to Your Lordships for an order:
(1) That Probate of the last Will and Testament dated. . . . . . . together with the codicil thereto dated . . . . . . . . of the deceased abovenamed be granted to your petitioner the said . . . . . . . . as the sole executor named therein with effect throughout the Union of India.
(2) That your petitioner hereby undertakes to pay to the State of . . . . . . . . or other party entitled thereto the fees of the court in case the estate shall hereafter be found to be of greater gross value than Rs. . . . . . . . .
(3) That your petitioner be at liberty to pay in the first instance out of the funds of the estate to come into his hands the costs of and incidental to this application and all costs that might be necessary in the premises to be taxed by the Taxing Officer of this Hon’ble Court.
(4) That such further and other orders be made and directions given as to this Hon’ble Court may seem fit and proper.
And your petitioner, as in duty bound, shall ever pray.