Petition for Revocation of Probate

Petition for Revocation of Probate

In the Court of ……………

Case No. 3 of 1999

AB of …………….… Petitioner

versus

XY of ……………… Opposite Party

Petition for revocation of Probate.

(Under s. 263 of the Indian Succession Act 1925)

The humble petition of the petitioner above-named

Most Respectfully Sheweth:

1. The opposite party XY by filing Case No. 3 of 1999 obtained a Probate/Letters of Administration, by suppressing the material facts which if disclosed would have disentitled him from obtaining the Probate/Letters of Administration.

2. That the material facts are as follows:

(a)  the proceedings were defective because of …………

(b)  false suggestions were made and material facts were suppressed such as …………

(c)  untrue allegations of a fact essential in point of law to justify grant was made.

3. That the applicant having practising fraud upon the Learned Court and by suppressing material facts have obtained the Probate/Letters of Administration of the Will which had been revoked. A later Will was made and has since been discovered.

The petitioner, therefore, prays that the Probate/Letters of Administration may kindly be revoked and further orders be passed as may deem fit and proper.

Signature

Verification

I, AB ………… son of ………… GB ………… by occupation service do hereby solemnly affirm and say as follows:

1. I am the petitioner herein.

2. The statements in paragraphs 1, 2 and 3 of the foregoing petition are true to my knowledge as also based on information derived from records of the proceedings in this Learned Court and believed by me to be true.

3. The statements in the foregoing paragraphs are true to my knowledge.

I sign this verification on this ……… day of October 1999 at the Court Premises at Alipore.

Before me                                                         Identified by Clerk

of Advocate

Commissioner of Oath

or as the officer may be

Advocate for Petitioner