As pre Section 276 of Indian Succession act (Petition for probate) (1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed.
Sample Format of Affidavit for Petition of Probate u/s 276 of Indian Succession Act is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
PETITION FOR PROBATE NO _______ OF 20__
1. I, _______________ Son of _______________ aged _________ years, Resident of _________________________, do solemnly affirm and say as follows:
2. I personally knew the deceased referred to above and I am well conversant with the facts deposed hereunder. I am competent to swear to this affidavit.
3. On ______ of _______, 20______ , I was present along with Shri _____________ Son of _________________ aged ________ Resident of ______________________ in the house of the said deceased in and saw the deceased sign and execute the Will in the language. The said Will is attached herewith as Annexure 'P1' and published as and to be his last Will and the Testament.
4. Thereupon, at the request of the said deceased and in his presence and presence of each other all being present at the same time, I, the deponent herein, and Shri ______ __________ , set and subscribed our signatures to the said Will as witnesses thereto.
5. The signature of at the foot of the Will and on the margin of pages 1 and 2 of the said Will and that of the deponent and the said are in the proper and respective handwritings of the Testator and the witnesses respectively, attesting the said document.
6. I submitted that, at the relevant time, the deceased referred to above was in perfect health and of sound mind, memory and understanding and made and published the said Will on his free volition, will and pleasure, and without any force, coercion or undue influence from any person whatsoever.
I, _______________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________ ,20__.
COUNSEL FOR THE DEPONENT
276. Petition for probate
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-
(a) the time of the testator's death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner's hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
(2) In addition to these particulars, the petition shall further state,-
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the
assets likely to come to the petitioner's hands is situate in another State, the
petition shall further state the amount of such assets in each State and the
District Judges within whose jurisdiction such assets are situate.
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