Kagaznama

Petition for Probate of a Will

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Also called

Probate petition
Petition for grant of probate
Testamentary petition
Testamentary and Intestate Petition (T&IP)
Section 276 petition
Petition for letters of administration with the will annexed
LoA with will annexed
Probate arji

When you need it

Probate certifies a will genuine so the executor can administer the estate — needed when a bank or co-owner won't act on the will alone. Compulsory only for Hindu/Buddhist/Sikh/Jain/Parsi wills tied to the old Bombay/Calcutta/Madras Presidency towns, and always for Christian/Jewish wills (ss.57/213, Indian Succession Act 1925); elsewhere optional.

Do NOT use if: no will exists (letters of administration, or a s.372 certificate for debts/securities only); the deceased was Muslim; the will is challenged; or a bank accepts a nomination or indemnity instead.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

No stamp duty on the petition — ad valorem COURT FEE instead, on the estate's value less debts/funeral costs (Article 11, Court Fees Act 1870, or the state's Act); no kinship concession, rates/caps vary by state. Court-use affidavits are stamp-exempt (Article 4, Indian Stamp Act, 1899).

Registration

Neither the petition nor the grant is registrable — probate is a court order (outside s.17(1), Registration Act 1908); the will's own registration was always optional (s.18(e)). After grant, lodge a certified copy for mutation with the revenue/municipal authority, society, banks and depositories.

Notarisation

Verified, not notarised (s.280, Order VI Rule 15, CPC). Joint executors EACH sign, verify and swear a separate affidavit before an Oath Commissioner or notary — petitioner's, estate valuation, and the s.281 witness affidavit. Sworn abroad: consular officer or apostille.

Witnesses

No attesting witnesses on the petition — what's examined is the WILL's execution (s.63(c), Indian Succession Act 1925: two or more witnesses to the testator's signature or acknowledgment). Verify by one attesting witness when procurable (s.281); if neither can swear, prove the will otherwise. A bequest to an attesting witness (or spouse, or anyone claiming under either) is VOID under s.67 — only that gift fails, the will stands.

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Sample preview — placeholder answers, not your data

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BEFORE YOU FILE THIS — READ IT

A petition for probate is a court proceeding, not a form-filling exercise. Every High Court and District Court has its own testamentary rules governing paper, annexures, affidavits, valuation, citations and court fee, and a petition that does not comply is returned by the registry. If a caveat is filed, the petition converts into a contested testamentary suit. Engage an advocate before filing. Use this draft to assemble your facts and to see what the court will ask for — not as a substitute for legal advice.

IN THE High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction)

TESTAMENTARY PETITION NO. ________ OF 20____

(Petition under section 276 of the Indian Succession Act, 1925)

IN THE MATTER OF the estate of Ramesh Vasant Deshpande, deceased;

AND IN THE MATTER OF the Will of the said deceased dated 2 April 2026.

Anjali Ramesh Deshpande,
daughter of the late Ramesh Vasant Deshpande,
aged about 47 years,
Chartered Accountant,
residing at X

… PETITIONER

Joined as co-petitioner(s):

2. Vikram Ramesh Deshpande, son of the late Ramesh Vasant Deshpande, aged about 44 years, businessman, residing at Flat 12B, Sea Breeze, Sector 40, Chandigarh 160036 — the second executor appointed by the Will.

THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED MOST RESPECTFULLY SHOWETH:

1. The deceased.
Ramesh Vasant Deshpande, son of the late Vasant Govind Deshpande, last residing at X, died at Fortis Hospital, Sector 62, Mohali on 1 April 2026. Religion of the deceased at the time of death: Hindu. The death certificate issued by the competent registrar of births and deaths is annexed to this petition.

2. The Petitioner.
The Petitioner is daughter of the deceased. The Petitioner is the sole executor appointed by the Will, and applies for probate of the Will under sections 222 and 276 of the Indian Succession Act, 1925.

The Will appoints Anjali Ramesh Deshpande and Vikram Ramesh Deshpande, jointly as executor.

The Petitioner has not renounced, and is ready and willing to accept and to act in, the office to which this petition relates.

3. The Will.
The deceased duly executed a Will dated 2 April 2026 at Chandigarh. The deceased signed the Will, and the Will was attested by the following two witnesses, each of whom signed in the presence of the deceased after seeing the deceased sign the Will, as required by section 63(c) of the Indian Succession Act, 1925:

(a) Dr Suresh Nair, aged about 61 years, medical practitioner, residing at 7 Palm Grove, Sector 8, Chandigarh 160009; and

(b) Meera Joshi, aged about 55 years, school teacher, residing at 22 Rose Villa, Sector 33, Chandigarh 160033.

At the time of executing the Will the deceased was of sound mind, memory and understanding, was a major, and executed the Will voluntarily and without coercion, fraud or undue influence. The original Will is filed with this petition and is annexed as required by section 276(1).

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