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.
TESTAMENTARY PETITION NO. ________ OF 20____
(Petition under section 276 of the Indian Succession Act, 1925)
IN THE MATTER OF the estate of __________, deceased;
… PETITIONER
THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED MOST RESPECTFULLY SHOWETH:
1. The deceased.
__________, __________, last residing at __________, died at __________ on __________. Religion of the deceased at the time of death: __________. The death certificate issued by the competent registrar of births and deaths is annexed to this petition.
The Petitioner has not renounced, and is ready and willing to accept and to act in, the office to which this petition relates.
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).
4. Last testamentary disposition.
The said Will, together with any codicil propounded with it and described in this petition, is the last testamentary disposition of the deceased. Save for any such codicil, the deceased did not execute any later testamentary instrument and did not revoke the said Will during the lifetime of the deceased; and save as effected by any such codicil, the Will has not been altered, cancelled or destroyed.
7. Persons entitled to citation.
The persons who would be entitled to the estate of the deceased had the deceased died intestate, and the legatees under the Will, are the following. All of them are within the jurisdiction of this Hon'ble Court unless otherwise stated against their names, and citations may issue to them under section 283(1)(c) of the Indian Succession Act, 1925:
11. Inventory and account.
The Petitioner undertakes to exhibit in this Hon'ble Court a full and true inventory of the property and credits of the deceased, and of the debts owing by the deceased, within six months of the grant, and to render a true account of the estate within one year of the grant, in compliance with section 317 of the Indian Succession Act, 1925.
12. Truth of the averments.
The Petitioner states that the averments in this petition are true, and that nothing material has been concealed. The Petitioner is aware that under section 282 of the Indian Succession Act, 1925 a person who, in a petition for probate or letters of administration, makes a false averment knowing or believing it to be false, is deemed to have committed an offence under section 193 of the Indian Penal Code, 1860 (now section 229 of the Bharatiya Nyaya Sanhita, 2023) — that is, the offence of giving false evidence, prosecuted as perjury.
PRAYER
The Petitioner therefore prays that this Hon'ble Court be pleased to:
(b) issue citations to the persons named in paragraph 7 above, and direct such publication of general citation as this Hon'ble Court considers proper;
(c) appoint a guardian for the purpose of these proceedings for any person named in paragraph 7 who is a minor;
(d) grant such further and other relief as the nature and circumstances of the case may require.
AND THE PETITIONER SHALL EVER PRAY.
VERIFICATION
(Section 280, Indian Succession Act, 1925, read with Order VI Rule 15 of the Code of Civil Procedure, 1908)
SCHEDULE A — MOVABLE PROPERTY OF THE DECEASED
AFFIDAVIT OF THE PETITIONER IN SUPPORT AND OF VALUATION
- 1. I am the Petitioner in the accompanying petition and am acquainted with the facts stated in it.
- 3. The Schedules to the petition contain a full, true and correct statement of all the property and credits of which the deceased died possessed or to which the deceased was entitled, and of the debts and funeral expenses of the estate, so far as I have been able to ascertain them after due enquiry.
- 4. The values stated in the Schedules are the values of the respective items as at the date of death of the deceased, arrived at in good faith on the basis of bank statements, valuation reports, market rates and other records available to me.
- 6. If any further property or credit of the deceased comes to my knowledge after the filing of this petition, I undertake to disclose it to this Hon'ble Court and to pay any additional court fee found payable.
- 7. The contents of the petition and of this affidavit are true to my knowledge and belief, and nothing material has been concealed.
_______________________________
DEPONENT
Before me,
_______________________________
Oath Commissioner / Notary
ANNEXURES TO BE FILED WITH THIS PETITION