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Petition for Probate of a Will

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  1. The deceased
  2. The Will and its witnesses
  3. The Petitioner and the relief sought
  4. The estate
  5. Heirs to be cited
  6. Place, date and advocate

Step 1 of 6

The deceased

For example: Ramesh Vasant Deshpande

For example: son of the late Vasant Govind Deshpande

Last residential address of the deceasedNeeded

A calendar date — the day, the month and the year. Dates in a document like this are read against one another, so a date typed here can change what another date is allowed to be.

For example: Lilavati Hospital, Bandra West, Mumbai

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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 __________

TESTAMENTARY PETITION NO. ________ OF 20____

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

IN THE MATTER OF the estate of __________, deceased;

AND IN THE MATTER OF the Will of the said deceased dated __________.

__________,
__________,
aged about __________ years,
__________,
residing at __________

… 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.

2. The Petitioner.
The Petitioner is __________. The Petitioner is __________.

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 __________ at __________. 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) __________, __________; and

(b) __________, __________.

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.

5. Earlier applications.
Earlier applications in respect of the estate of the deceased: __________

6. Jurisdiction.
This Hon'ble Court has jurisdiction to entertain this petition because __________.

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:

__________

8. The estate.
A full and true statement of the property and credits of which the deceased died possessed or was entitled to is set out in the Schedules to this petition. The gross value of the estate as at the date of death is __________. The net value of the estate for the purposes of the grant is __________.

9. Assets likely to come to the Petitioner's hands.
The amount of assets which are likely to come into the hands of the Petitioner, as required to be stated by section 276(1) of the Indian Succession Act, 1925, is __________.

10. Court fee.
The court fee payable on the grant sought is computed ad valorem on the net value of the estate, namely __________, in accordance with the Court Fees Act applicable in this State. The Petitioner undertakes to pay the court fee as assessed by this Hon'ble Court.

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:

(a) __________, with the Schedules of the estate annexed, and with all powers of collection, realisation and administration attaching to the grant;

(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.

Place: __________
Date: __________

_______________________________
__________
PETITIONER

VERIFICATION
(Section 280, Indian Succession Act, 1925, read with Order VI Rule 15 of the Code of Civil Procedure, 1908)

I, __________, the Petitioner above-named, do hereby verify that the contents of the foregoing petition are true to my own knowledge, save as to matters stated on information received and believed by me to be true, and that I have signed this verification at __________ on __________.

_______________________________
__________
PETITIONER

SCHEDULE A — MOVABLE PROPERTY OF THE DECEASED

__________

AFFIDAVIT OF THE PETITIONER IN SUPPORT AND OF VALUATION

I, __________, __________, aged about __________ years, __________, residing at __________, do solemnly affirm and state on oath:

  1. I am the Petitioner in the accompanying petition and am acquainted with the facts stated in it.
  1. __________ died at __________ on __________, leaving the Will dated __________ which is filed with the petition.
  1. 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.
  1. 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.
  1. The gross value of the estate is __________ and the net value of the estate is __________.
  1. 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.
  1. The contents of the petition and of this affidavit are true to my knowledge and belief, and nothing material has been concealed.

Solemnly affirmed at __________ on __________.

_______________________________
DEPONENT

Before me,

_______________________________
Oath Commissioner / Notary

ANNEXURES TO BE FILED WITH THIS PETITION

  1. Original Will dated __________ (and the codicil, if one is propounded with it).
  2. Death certificate of __________.
  3. Affidavit of the Petitioner in support and of valuation, and a separate affidavit of each co-petitioner.
  4. Affidavit of an attesting witness under section 281, where an attesting witness is procurable.
  5. Proof of identity and address of the Petitioner and of each co-petitioner.
  6. Documents of title, bank statements, demat statements, valuation reports and society records supporting each item in the Schedules.
  7. Written consents or no-objection affidavits of heirs, where obtained.
  8. Draft administration bond and surety documents, where letters of administration with the Will annexed are sought.
  9. Court fee, or the registry's assessment slip.
  10. Vakalatnama in favour of the advocate on record.

The rest stays out of view until every answer is in.

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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 __________

TESTAMENTARY PETITION NO. ________ OF 20____

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

IN THE MATTER OF the estate of __________, deceased;

AND IN THE MATTER OF the Will of the said deceased dated __________.

__________,
__________,
aged about __________ years,
__________,
residing at __________

… 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.

2. The Petitioner.
The Petitioner is __________. The Petitioner is __________.

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 __________ at __________. 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) __________, __________; and

(b) __________, __________.

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.

5. Earlier applications.
Earlier applications in respect of the estate of the deceased: __________

6. Jurisdiction.
This Hon'ble Court has jurisdiction to entertain this petition because __________.

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:

__________

8. The estate.
A full and true statement of the property and credits of which the deceased died possessed or was entitled to is set out in the Schedules to this petition. The gross value of the estate as at the date of death is __________. The net value of the estate for the purposes of the grant is __________.

9. Assets likely to come to the Petitioner's hands.
The amount of assets which are likely to come into the hands of the Petitioner, as required to be stated by section 276(1) of the Indian Succession Act, 1925, is __________.

10. Court fee.
The court fee payable on the grant sought is computed ad valorem on the net value of the estate, namely __________, in accordance with the Court Fees Act applicable in this State. The Petitioner undertakes to pay the court fee as assessed by this Hon'ble Court.

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:

(a) __________, with the Schedules of the estate annexed, and with all powers of collection, realisation and administration attaching to the grant;

(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.

Place: __________
Date: __________

_______________________________
__________
PETITIONER

VERIFICATION
(Section 280, Indian Succession Act, 1925, read with Order VI Rule 15 of the Code of Civil Procedure, 1908)

I, __________, the Petitioner above-named, do hereby verify that the contents of the foregoing petition are true to my own knowledge, save as to matters stated on information received and believed by me to be true, and that I have signed this verification at __________ on __________.

_______________________________
__________
PETITIONER

SCHEDULE A — MOVABLE PROPERTY OF THE DECEASED

__________

AFFIDAVIT OF THE PETITIONER IN SUPPORT AND OF VALUATION

I, __________, __________, aged about __________ years, __________, residing at __________, do solemnly affirm and state on oath:

  1. I am the Petitioner in the accompanying petition and am acquainted with the facts stated in it.
  1. __________ died at __________ on __________, leaving the Will dated __________ which is filed with the petition.
  1. 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.
  1. 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.
  1. The gross value of the estate is __________ and the net value of the estate is __________.
  1. 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.
  1. The contents of the petition and of this affidavit are true to my knowledge and belief, and nothing material has been concealed.

Solemnly affirmed at __________ on __________.

_______________________________
DEPONENT

Before me,

_______________________________
Oath Commissioner / Notary

ANNEXURES TO BE FILED WITH THIS PETITION

  1. Original Will dated __________ (and the codicil, if one is propounded with it).
  2. Death certificate of __________.
  3. Affidavit of the Petitioner in support and of valuation, and a separate affidavit of each co-petitioner.
  4. Affidavit of an attesting witness under section 281, where an attesting witness is procurable.
  5. Proof of identity and address of the Petitioner and of each co-petitioner.
  6. Documents of title, bank statements, demat statements, valuation reports and society records supporting each item in the Schedules.
  7. Written consents or no-objection affidavits of heirs, where obtained.
  8. Draft administration bond and surety documents, where letters of administration with the Will annexed are sought.
  9. Court fee, or the registry's assessment slip.
  10. Vakalatnama in favour of the advocate on record.

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