For probate of a will, Petition under Section 276 of the Succession Act, 1925 can be filed in a Court. Section 276 of the Act is as under:
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.
Format of Petitioner for Probation of Will is given below:
BEFORE THE ___________ JUDGE _________COURT
PETITION NO. __________ OF 20__
Petition for probate of the will of (a)
IN THE MATTER OF:
R/O_____________ OCCUPATION _________
(If deceased was a bachelor or spinster that should be stated)
PETITION FOR PROBATE OF WILL OF XXX EXPIRED ON ____ IN FAVOUR OF AAA SON OF XXX BY CASTE _____ UNDER SECTION 276 OF INDIA SUCCESSION ACT, 1925
MOST RESPECTFULLY SHOWETH:
(1) That the above-named XXX (hereinafter after to as said deceased) who being a Hindu ruled by Hindu Succession Act and expired on the ______ day of _________ at_______ within the jurisdiction of this court which had been his fixed place of residence (or where he was temporarily resident, his fixed place of residence being at ____________________) within the jurisdiction of this court or leaving the property within the jurisdiction of this court as will appear from the affidavit of assets instituted herewith.
(2) That the said deceased left a writing, which is his last will and testament. The said writing, hereinafter referred to as the will, is marked Exhibit "A" and is handed in separately for being filed and kept in a safe place in the office of the Prothonotary and Senior Master. A copy of the said will is hereto annexed and also marked Exhibit "A'.
(3) That the said will duly executed at ______ on the ______ day of ______20 ______
(5) That the petitioner is the executor or one of the executors named in the said will or the executor according to the tenor thereof.
(6) That the petitioner has truly set forth in schedule No. I, hereto annexed
and marked Exhibit "B", all the property and credits which the deceased died
possessed of or entitled to at the time of his death, which have or are likely
to come to his hands.
(7) That the petitioner has truly set forth in schedule No. II, hereto annexed the marked Exhibit "C", all the items that by law he is allowed to deduct for the purpose of ascertaining the net estate of the deceased.
(8) That the petitioner has truly set forth in Schedule No. III, hereto annexed and marked Exhibit "D", the property held by the deceased as trustee for another and nor beneficially or with general power to confer a beneficial interest.
(9) That the assets of the deceased after deducting the items mentioned in Schedule No. II but including all rents, interest and dividends which have accrued since the date of the death of the deceased and increased value of the assets since the said date are of the value of Rs ______
(10) The value of assets which will come to petitioner's hands in case of
probate of the will or letters of administration with a copy enclosed thereto
being allowed does not exceed the aggregated sum of Rs. ______ and the net
amount after deducting all items which he is legally allowed to deduct by him
being under the value of Rs. ______
(11) That the deceased was a Hindu ruled by Hindu Succession Act (Act 30 of 1956) and at the time of his expiry he left the following and none other relations who would have been his successors in case of intestacy under the said Act.
Name, address, age and relationship: remarks, if any (full details)
(12) That petitioner has duly paid the ad valorem duty payable relating to property of deceased.
(13) That no application has been made before any other court in probate of said will/letters of administration with a copy enclosed thereto and no proceedings or suit are pending for managing of the estate.
(14) petitioner hereby undertakes to manage the estate with credits of the said A deceased and to make and file a full and true inventory thereof for exhibiting the same in this court by six months from date of granting probate of will (or letters of administration) to him, and also give this court a true account of said estate with credits by one year from said date.
15. That this application is made bona fide.
16. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Plaintiff, therefore, prays:
a) to pass order to probate will dated ________ in favour of the Petitioner effecting throughout the State of _______.
b) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.
VERIFICATION BY THE APPLICANT
I, ______ ______ ______ the above-named petitioner, do hereby declare and say
that the statements contained in paragraphs __ to __ and __ of the above
petition are true to my best knowledge and those bearing in paragraphs __ and __
thereof are my presentations.
Verified at ____ on this ______ day of _____ 20__
DECLARATION OF WITNESS
I,_______________ one of the witnesses to the last will and testament of
__________ the testator stated in the above petition, do say and declare that I
was present on the _______________ day of_____ at _______________ and saw the
testator affix his hand/signature or mark to said will, marked A per Affidavit
of _______________ instituted herewith (or that the said testator admits the
writing enclosed to above petition and marked A, to be his last will/testament
in my presence).
Solemnly affirmed by the said ______ witness this ______day of ______ at ______Court House at Bombay
Suits under Code of Civil Procedure
Format of Suit for Compensation for death due to negligence or physical disability due to negligence of others. The Suit can be filed before Competent Judge in Civil Court as per pecuniary Jurisdiction