Section 276 of ISA : Section 276: Petition For Probate

Explanation using Example

Imagine a situation where Mr. Sharma, a resident of Mumbai, Maharashtra, passes away leaving behind a will. His niece, Ms. Patel, is named as the executor in the will. Ms. Patel wishes to administer her uncle's estate and distribute the assets as per the will. To do this legally, she needs to apply for probate to authenticate the will.

To begin the process, Ms. Patel files a petition in the Bombay High Court, which is the appropriate court as Mumbai falls under its jurisdiction. Her petition is written in English and includes:

1. The date of Mr. Sharma's death,
2. An assertion that the attached document is indeed Mr. Sharma's last will and testament,
3. A statement that the will was duly executed as per the legal requirements,
4. An estimate of the value of the assets that she is likely to handle as the executor, and
5. A declaration that she is the executor named in the will.

Since she is applying to the District Judge, she also states in her petition that Mr. Sharma had a fixed place of abode in Mumbai at the time of his death and that he owned property within the jurisdiction of the Bombay High Court. Furthermore, Mr. Sharma had some investments in Pune, which is in another State. Ms. Patel includes in her petition the details of these assets and their estimated value in Pune, as well as the jurisdiction of the District Judges there.