IN THE HIGH COURT OF DELHI AT NEW DELHI
(TESTAMENTARY & INTESTATE JURISDICTION)

PROBATE CASE NO. ______ OF 2025

IN THE MATTER OF

X

…PETITIONER/APPLICANT

VERSUS

1. State of ______

Y

…RESPONDENTS

PETITION FOR GRANT OF PROBATE

To
The Hon’ble Mr. Justice _______________, Chief Justice, and his Companion Justices of this Hon’ble Court,

The humble petition of [Name of Petitioner], residing at [Full Address], in the city of [City Name], the sole executor of the Will of the deceased named herein, most respectfully states as follows:

1. Particulars of the Deceased

1.1. The deceased, [Name of Deceased], was a Hindu governed by the [Applicable School of Hindu Law].
1.2. The deceased resided at [Full Address], within the jurisdiction of this Hon’ble Court and passed away at his residence on [Date of Death].
1.3. The deceased duly executed his Will and Testament on [Date of Will] in the English language. A Codicil thereto, also in the English language, was executed on [Date of Codicil].
1.4. By the said Will and Codicil, the petitioner was appointed as the sole executor.

2. Execution of Will and Codicil

2.1. The execution of the said Will was duly attested by [Names of Witnesses].
2.2. The execution of the said Codicil was duly attested by [Names of Witnesses].
2.3. Declarations by attesting witnesses are annexed herewith, marked as Annexures “A” and “B”.

3. Properties of the Deceased

3.1. The deceased left behind assets and properties within the jurisdiction of this Hon’ble Court.
3.2. The particulars of the estate are detailed in the affidavit of assets affirmed on [Date of Affidavit], and the total value of the estate, after deducting liabilities, is estimated not to exceed ₹ [Amount].
3.3. The petitioner undertakes to report any additional properties that may come to light and to pay requisite court fees in respect thereof.

4. Absence of Other Probate or Administration Proceedings

4.1. No information has been received from any other court or authority in India regarding the grant of probate or letters of administration for the estate of the deceased, as evidenced by the Registrar’s Certificate annexed herewith and marked as Annexure “C”.

5. Undertakings by the Petitioner

5.1. The petitioner undertakes to pay any court fees or other charges if the gross value of the estate is subsequently found to exceed the disclosed amount.
5.2. The petitioner undertakes to bear all costs and expenses related to this application from the estate funds upon receipt.

Prayer

In light of the foregoing, the petitioner humbly prays to this Hon’ble Court for the following reliefs:

1. That probate of the last Will and Testament dated [Date of Will], along with the Codicil dated [Date of Codicil], of the deceased [Name of Deceased], be granted to the petitioner, as the sole executor named therein, with effect throughout the Union of India.
2. That the petitioner be permitted to pay the costs and incidental expenses of this application from the estate funds.
3. That such further and other orders be passed as this Hon’ble Court may deem fit and proper in the interest of justice.

And for this act of kindness, the petitioner, as duty-bound, shall ever pray.

Place: Delhi
Dated: [Date]

PETITIONER
THROUGH ADVOCATE

[NOTE: To be supported by an affidavit and annexures as required.]

Note: This legal draft is merely illustrative and not exhaustive. It shall only be used in consultation with a lawyer and with due edits to meet the ends of the user.