Indian Succession Act,1925
Act No : 39
Section :
Petition for probate.
276. Petition for probate.-(1) Application for probate or forletters of administration, with the will annexed, shall be made by apetition distinctly written in English or in the language in ordinaryuse 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, andstating-- (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, and143 (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 furtherstate,-- (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 anyportion of the assets likely to come to the petitioner's hands issituate in another State, the petition shall further state the amountof such assets in each State and the District Judges within whosejurisdiction such assets are situate.
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