48. Administrator-General's Act. - Nothing in the rules in this chapter shall apply to application or acts to be done by the Administrator-General, in so far as they conflict with the provisions of the Administrator-General's Act
The ScheduleFormsForm No. 1Petition for Probate of a will(Title)Petition for probate of the will of.............(a) Deceased........................................Petitioner States-(1)That the above-named.........(b) died at......................on or about the......day of.........19.........(2)That the said Deceased at the time of his death left (c) property within the Madhya Pradesh.(3)That the writing, hereto annexed is the last will and Testament of the said..............(4)That the said will was duly executed....(d) on the..........day of 19...(5)That the petitioner is the Executor.........(e) named in.........(f) the said will.(6)The petitioner has truly set forth in Annexure I to his affidavit of valuation filed herewith all the property and credits which the deceased died possessed of or entitled to at the time of his death which have or are likely to come to his hands, and so far as the petitioner has been able to ascertain, or is aware, there are no property and credits other than what are specified in Annexure I aforesaid.(7)That the petitioner has also truly set forth in Annexure II to his affidavit aforesaid (g) all the items that by law he is allowed to deduct.(8)That the said assets, exclusive of what the deceased may have been possessed of or entitled to as a trustee for another and not beneficially or with power to confer a beneficial interest, and also exclusive of the items mentioned in the said Annexure II, but inclusive of all rents, interests and dividends and increased value since the date of his death are under the value of Rs.........(9)That the said Deceased left him serving the following relatives as his only next of kin according to (h) law :-(i)......(Set out full names and address showing.(ii).........relationship of each to the deceased and(iii).........also specifying who are minors).(10)That no (i) application has been made to any District Court or to any other High Court for probate of any will of the said District or for letters of administration with or without the will annexed to his property and credits.(11)That the petitioner hereby undertakes duty to administer the property and credits of the said.......and in any way concerning his will by paying first his debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of probate to the petitioner, and also to render to this Court a true account of the said property and credits within one year from the said date.The petitioner prays that probate may be granted to him having effect throughout the Madhya Pradesh (j).I............the petitioner above named to solemnly declare that what is stated in paragraphs is true to my own knowledge and that what is stated in paragraphs is true to information received from and believed to be true................Petitioner.(a)Insert name in full and profession, if Deceased was a bachelor or spinster that should be stated.(b)Insert name of the Deceased.(c)Or, had a fixed place of abode within.(d)State where.(e)Or, one of the executors.(f)Or, according to the tenor thereof.(g)Full particulars of debts due by the estate including name of creditors, of claim and the dates when they became due must be given in the Schedule.(h)Here state what law.(i)Or, if made, state to what Court, by what person and proceedings has been had. (j) Or, throughout the territory of India.Form No. 2Affidavit of Attesting Witnesses(Rule 5)(Title)In the Matter of the petition for probate of the last will and Testament of DeceasedAffidavitI...............of...................make oath (or solemnly affirm) and say as follows :-(1)That I knew and was well acquainted with the Deceased above-named.(2)That on the day of I was present together with at........................and we did then and there see the said Deceased set and subscribe his name at foot, of the Testamentary paper in the language and character hereunto annexed and marked with the letter "A" and declare and publish the same as and for his last will and Testament.(3)That thereupon I, the Deponent and the said........................did at the request of the said Deceased and in his presence and in the presence of each other all being present at the same time set and subscribe our respective names and signatures at foot of the said testamentary paper as witnesses thereto.(4)That the name and signature subscribed at foot of the testamentary paper as of the party executing the same is in the paper handwriting of the said Deceased and the name, signature and additions also subscribed and written at foot of the said testamentary paper as of the parties attesting execution of the same are in the proper respective hand writings of the said and of me this Deponent respectively.(5)That at the time of the said Deceased so subscribed his name and signature to the said Wills as aforesaid the said Deceased was of sound and disposing mind, memory and understanding, and to the best of my belief made and published the same of his free will and pleasure.DeclarantSworn before me on the........day of......19......by......son of.........who is personally known to me (or) who has been identified by......whose signature is/signatures are thereto appended.(Seal).............................(Signature)(Designation)Form No. 3
