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):
- Vikram Ramesh Deshpande, son of the late Ramesh Vasant Deshpande, aged about 44 years, businessman, residing at Flat 12B, Sea Breeze, Bandra West, Mumbai 400050 — 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 Lilavati Hospital, Bandra West, Mumbai 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 Mumbai. 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, Khar West, Mumbai 400052; and
(b) Meera Joshi, aged about 55 years, school teacher, residing at 22 Rose Villa, Santacruz West, Mumbai 400054.
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).
The Will was also registered with the Sub-Registrar of Assurances, Mumbai City-3, at Serial No. 4412 of 2019 on 14 August 2019.
The Will is propounded together with the following codicil, which is also filed with this petition: A codicil dated 2 March 2022, executed at Mumbai and attested by two witnesses, by which the deceased revoked the bequest in clause 6 of the Will and substituted a bequest of the same flat to the Petitioner.
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.
The codicil described in paragraph 3 above is deemed by section 2(b) of the Indian Succession Act, 1925 to form part of the Will. The Petitioner propounds the Will as varied by that codicil, and no testamentary instrument later than that codicil was executed by the deceased.
5. Earlier applications.
Earlier applications in respect of the estate of the deceased: None. No application for probate of the said Will or for letters of administration to the estate of the deceased has been made to any court.
6. Jurisdiction.
This Hon'ble Court has jurisdiction to entertain this petition because the deceased had, at the time of death, a fixed place of abode within the local limits of the jurisdiction of this Hon'ble Court.
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:
- Sunita Ramesh Deshpande, widow of the deceased, aged about 74 years, residing at 14 Hill Crest, Pali Hill, Bandra West, Mumbai 400050.
- Anjali Ramesh Deshpande, daughter, aged about 47 years, address as in the cause title (the Petitioner).
- Vikram Ramesh Deshpande, son, aged about 44 years, residing at Flat 12B, Sea Breeze, Bandra West, Mumbai 400050.
- Neelam Prakash Kulkarni, daughter, aged about 41 years, residing at 8 Shanti Nagar, Pune 411004.
Of the persons named above, the following is or are minors, and the Petitioner prays that a guardian be appointed for the purpose of these proceedings as indicated: Aarav Vikram Deshpande, grandson of the deceased, aged about 11 years, residing at Flat 12B, Sea Breeze, Bandra West, Mumbai 400050. His father Vikram Ramesh Deshpande is proposed as guardian ad litem for the purpose of these proceedings.