(Querist) 30 September 2009
This query is : Resolved
what is the format for filing an application for probate?
Raj Kumar Makkad
(Expert) 01 October 2009
Though it is mentioned in section 217 of Indian Succession act, 1925 that all grants of probate and letters of administration with the Will annexed.....but there is no format. You should prepare petition for probate keeping in view provisions contained in section 217 to 236 of ibud act.
(Expert) 01 October 2009
FILING FOR PROBATE ,SRI RAJKUMAR VIEW IS CORRECT, ANY HOW THE SAME Q CAME IN JULY 09, WITHOUT ANSWER( IT IS STILL TODAY IN FORUM.)
AFTER PROBATE SOME F.INSTI,BANKS,COMPANIES GIVE SOME RELAVANT FORMAT,I HOPE U WANT IT I PAST HEREWITH....
DEED OF FAMILY SETTLEMENT FOR DIVISION OF PROPERTIES LEFT BY A DECEASED BETWEEN SON AND DAUGHTERS WHERE SON PAYS MONEY TO DAUGHTERS
THIS DEED of family arrangement is made at ........ on this ............ day of ..â€¦â€¦...., 2000, between A son of Shri .............. resident of .......... (hereinafter called the FIRST PARTY) and Smt. B wife of Shri ........... resident of .......... (hereinafter called the SECOND PARTY ) and Smt. C wife of Shri .............. resident of ........... (hereinafter called the THIRD PARTY) and Shri D ........ son of ....... resident of ........ (hereinafter called the FOURTH PARTY).
WHEREAS by his will dated ............ E son of late Shri .......... resident of ................. appointed the fourth party as the executors thereof and gave his movable and immovable assets unto his children the first party, second party and the third party in equal shares.
WHEREAS The said E died on ............ and the executors obtained the probate of the said will from the .............. District Court on ..............
WHEREAS the executor has paid the funeral and testamentary expenses of the testator and all his debts which have come to his knowledge out of the estate of the testator.
WHEREAS The estate of the said E now in the hands of the executors consists of the immovable property described in the First Schedule hereunder written and the investments, particulars whereof are 1 described in the Second and Third Schedules hereunder written respectively.
WHEREAS the parties hereto of the first three parts are desirous that the first party shall receive the immovable property and the second party shall receive the investments specified in the Second Schedule hereunder written and that the third party shall receive the investments specified in the Third Schedule hereunder written as absolute owners.
NOW THIS DEED WITNESSETH AS FOLLOWS:
(1) The first party shall pay to each of the second and third parties, the sum of Rs. .......â€¦â€¦.
(2) On the making of payment as aforesaid, the executors shall 3 assent to the vesting of the immovable property described in the First Schedule hereunder written in the first party as absolute owners.
(3) The executors shall transfer the investment specified in Second and Third Schedules to the second and third parties respectively and they will become the absolute owners of the said investments.
(4) It is expressly agreed by and between the parties hereto of the first three parts that they shall not claim any rights under the said will, save as hereinabove provided and they shall release and indemnity the executor from and against all actions, proceedings, claims and demands in respect of the assent and transfers hereinbefore agreed to be made.
IN WITNESS WHEREOF the parties hereto have set and subscribed their hands to this writing, the day and year first hereinabove written.
The First Schedule above referred to;
(Description of immovable property)
The Second Schedule above referred to;
(Particulars of investments to be transferred to second party)
The Third Schedule above referred to;
(Particulars of investments to be transferred to third party)
Signed and delivered by the within named first party
Signed and delivered by the within named second party
Signed and delivered by the within named third party
Signed and delivered by the within named fourth party
(Expert) 02 October 2009
217. Application of Part.-Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part. CHAPTER I Of Grant of Probate and Letters of Administration CHAPTER I Of Grant of Probate and Letters of Administration.