Civil

Petition for Grant of Probate of a Will under Section 276 of the Indian Succession Act

A Petition for Grant of Probate is a formal application to a court of testamentary jurisdiction to legally validate a Will and confirm the authority of the executor named in it. This grant is a judicial decree that empowers the executor to administer the estate of the deceased testator.

This petition is filed under Section 276 of the Indian Succession Act, 1925, before the District Court or the original side of the High Court. It is the mandatory first step for an executor to obtain legal title over the deceased's assets and to discharge debts and legacies.

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Governing law
Indian Succession Act 1925 (ss.2(f), 63, 213, 222, 232, 276, 278, 279) + Court Fees Act 1870 + s.68 Indian Evidence Act 1872 / s.75 Bharatiya Sakshya Adhiniyam 2023
Sections
s. ISA 276s. ISA 278s. ISA 63s. ISA 222s. ISA 232s. IEA 68
Filed before
District Court (testamentary jurisdiction) / High Court (original side)

When this is the right filing

  • When you are the executor expressly named in the deceased's Will and need legal authority to administer the estate.
  • When the deceased has left behind a valid Will that requires judicial recognition before assets can be transferred or collected.
  • When the estate includes assets such as bank accounts, shares, or immovable property that institutions will not release without a probate order.
  • Do not use this petition if you are not named as the executor in the Will; you must instead apply for Letters of Administration with Will Annexed under Section 278 of the Act.
  • Do not use this petition if the deceased died intestate (without a Will); the appropriate application is for Letters of Administration under Section 232 of the Act.

What the court looks for

  • A specific pleading of the time and place of the testator's death, as mandated by Section 276 of the Indian Succession Act.
  • Clear averments establishing valid execution and attestation of the Will in compliance with Section 63 of the Indian Succession Act.
  • Proof that the petitioner is the executor named in the Will, satisfying the requirement under Section 222 of the Indian Succession Act.
  • An affidavit from at least one attesting witness to prove the document's due execution, as required by Section 68 of the Indian Evidence Act.
  • A complete schedule of all assets and liabilities of the deceased, along with the applicable ad valorem court fee.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Grounds
  3. 3Prayer
  4. 4Schedule a — schedule of assets of the deceased
  5. 5Schedule b — liabilities and debts of the deceased
  6. 6Verification
  7. 7Affidavit of the petitioner / executor
  8. 8Affidavit of attesting witness
  9. 9List of documents / annexures
How it opens
1. That the Petitioner states that the late [testator name], son/daughter/wife of [testator parentage], aged about [testator age] years, [testator religion], residing at [testator address], was the testator of the Will mentioned herein. The testator breathed his/her last on [death date] at [death place] (time of death: [death time]). A certified copy / certified extract of the Death Certificate issued by [death…

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a Probate and Letters of Administration?

Probate is granted exclusively to the executor named in a Will under Section 222 of the Indian Succession Act. Letters of Administration are granted when a person dies without a Will (intestate) or when the Will does not name an executor, and the applicant is typically a legal heir or residuary legatee.

Is it mandatory to file an affidavit of an attesting witness with the petition?

Yes. Under Section 68 of the Indian Evidence Act, a Will must be proved by examining at least one attesting witness. In probate proceedings, this requirement is typically met by submitting the attesting witness's affidavit along with the petition.

What must be specifically pleaded in the petition under Section 276 of the Act?

The petition must plead the time and place of the testator's death, that the annexed writing is the last Will, the amount of assets likely to come into the petitioner's hands, that the petitioner is the named executor, and that the Will was duly executed and attested.

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