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109 RULES GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964 110 111 RULES GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964 CONTENTS Page No.

Rules 1.

2.

3.

4.

Title of Applications under the Indian Succession Act, 1925 5.
(a) Application for Probate or Letters of Administrations Age of minor to be stated Probate or Letters of Administration with Will annexed Particulars in caveat Notice of caveat Order for grant of Probate Decree Form of inventory Form of account Extension of time to file inventory or accounts Administration Bond Preservation and inspection of Wills 6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.


113 113 113 113 113 114 114 115 115 115 115 115 115 115 116 116 116 116 118 Form No.1 to Form No.12 119 TO 128 112 113 RULES GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964 Notification No.

SPL 327 of 1963 dated 13th July, 1964.


(First Published in the Mysore Gazette, Part-IV-2-D dated 30.07.1964) In exercise of the powers conferred by section 129 of the Code of Civil Procedure, 1908-Central Act V of 1908 – and all other powers thereunto enabling, the High Court of Karnataka hereby makes and promulgates the following rules to govern the procedure for the grant of Probate and Letters of Administration in the exercise of its original civil jurisdiction:- 1.
These Rules shall be called “The Rules Governing Probate and Administration Matters, 1964.” 2.

(i) These Rules shall come into force from the date of publication of these rules in the Karnataka Gazette and shall apply to all proceedings pending in the High Court on such date or instituted thereafter.
(ii) On the coming into force of these Rules, all existing Rules, Orders, Circulars, practices, Conventions or the like governing any matter dealt with or covered by these Rules shall stand repealed: Provided that this repeal shall not affect or invalidate anything done, any action or decision taken, any disposal made, any decree, order or proceeding made or issued under the existing Rules before the commencement of these Rules.

3.
3.

(i) In these Rules the word “Act” means the Indian Succession Act, 1925 (Central Act No.

39 of 1925).

(ii) “Code” means the Code of Civil Procedure as amended from time to time.

(iii) “Form” shall unless otherwise provided, mean the Form prescribed in Appendix to these Rules.

(iv) “Court” shall mean the High Court of Karnataka, unless it is repugnant in the context, and shall include such Judge of the High Court or Bench of Judges thereof to whom the work is assigned by the Chief Justice.
(v) “Registrar” shall mean the Registrar of the High Court except in Rule 7 infra.

4.

Title of Applications under the Indian Succession Act, 1925.- The applications for Probate or Letters of Administration shall be designated as Civil Petitions and shall be entered in the Register of Civil Petitions.

5.
5.

(a) Application for Probate or Letters of Administrations.- (1) An application for Probate or Letters of Administration shall be by original petition in Form No.2 or 3 and shall be accompanied by an authenticated copy of the application and the valuation of the estate in duplicate as prescribed by section 52 of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act No.

16 of 1958).
(ii) The application shall also be accompanied by proof of death of the testator or the person in respect of whose estate administration is sought in the shape of a certificate of death issued by the Registrar of Births and Deaths or a 114 certificate of death issued by the authorities of the Government Hospital where the death occurred if the issue of such certificates is permitted or provided for by the rules governing such Hospital, or an affidavit of the person or persons who had actually witnessed the death or in such other form as may be convenient provided that the Court may in any case require production of such other or further evidence as it may deem fit to establish or prove the fact of death.
(iii) The Court shall forward to the Deputy Commissioner of the District in which the estate is situated, or if the estate is situated in more than one District, to the Deputy Commissioner of the District in which the most valuable portion of the immovable property included in the estate is situated, together with a notice in Form No.

4 and also a copy of the valuation thereof.
(iv) Unless the Court otherwise orders, notice of an application for probate or Letters of Administration in Form No.4 shall be posted on the Notice Board of the Court and shall be served by the petitioner on all persons of the same degree of relation as or nearer degree than, the petitioner and send the same under prepaid registered cover to their respective addresses and shall be published in one or more of the principal newspapers of the District in which the deceased was residing at the time of his death and an affidavit proving the said service and publication shall be filed by the petitioner.
(b) (i) When the Court directs that a citation issued shall be published in any newspaper, the petitioner shall file into Court a copy of the newspaper in which the citation is published.

(ii) When the Court directs publication of the citation in the Gazette, the petitioner shall be required to remit the requisite amount of publication charges to any Government Treasury under the appropriate head of account and file the receipt or challan into the Court.
(iii) Upon receipt of the challan, as soon as practicable, the Registrar shall cause the citation to be published in the Gazette.

(iv) The citation shall be in Form No.

5-A.

6.

Age of minor to be stated.- A petition for the grant of Letters of Administration under section 244 of 246 of the Act, shall if the petitioner is acquainted with the facts, state the age of the minor or shall be accompanied by the affidavit of the person who is so acquainted, stating the age of the minor.

7.
7.

Probate or Letters of Administration with Will annexed.- (i) If a Will has been deposited with a Registrar or Sub-Registrar under the Indian Registration Act (16 0f 1908), an affidavit shall be filed stating the fact and that the applicant intends to apply to the Court for a Grant or Probate or Letters of Administration with the Will annexed and praying that an order may be issued to such Registrar to forward the Will to the Court and thereupon the Court may direct an order to be issued accordingly.
Upon the production of the Will, petitioner and the attesting witness shall attend the Court with the petition, and the Will shall be annexed to or exhibited with the petition which shall then be signed and verified.

(ii) If the petitioner or the said witness is unable to attend the Court, the said affidavit shall state the reason for such inability and thereupon the Court may 115 direct the Will to be annexed to the petition.

The petition shall then be signed and verified and forwarded to the Court.

8.
8.

Particulars in caveat.- The caveat shall be in the form prescribed by Schedule V of the Act, it shall also state the full and true address of the caveator for service on him.

9.

Notice of caveat.- When a caveat against the grant of probate or Letters of Administration is filed, the Court shall cause notice thereof to be given to the petitioner as in Form No.5 and the petition shall thereupon be amended by inserting the name of the caveator as a defendant.

10.
10.

The application shall thereupon be numbered and registered in the Register of Suits and shall thereafter be governed as far as practicable by the procedure prescribed for suits under the Code and the Rules thereunder.

11.

Within five days after the service of the said notice, upon him or such further time as may be granted by the Court, the petitioner shall bring into Court a notice to the caveator in Form No.
6, a copy of the petition and the prescribed fees for the service of the same; and the provisions of the Code and the Rules thereunder with respect of summons to a defendant and service thereto shall apply to the notice.

12.

Order for grant of Probate.- (a) The order for grant of Probate or Letters of Administration shall direct the grantee to file in Court within six months and one year respectively the inventory and account prescribed by section 317 of the Act.
1 (b) [xxx] 1 no order granting Probate or Letters of Administration shall be made until the petitioner has produced a certificate from the Controller under sub- section (2) of section 57 or section 67 of the Estate Duty Act, 1953 (Act No.

34 of 1953), that the estate duty payable in respect of the property included in the schedule to the petition has been paid or will be paid or that none is due, as the case may be.

1.

Omitted by Notification No.

SPL 327/1963 dated 2.1.1967 13.


Decree.- (a) (i) In all cases falling under section 295 of the Act, a decree shall be drawn up in Form No.

7.

(ii) The decree shall direct the grantee to file in court within six months and one year respectively the inventory and account mentioned in section 317 of the Act.
(b) After an order for grant of probate is made and in contentious cases the decree is drawn up, the Probate or Letters of Administration shall be drawn up in the form prescribed in Schedule VI or VII of the Act, as the case may be, on stamp paper of requisite value produced by the petitioner upon the petitioner filing into Court the Administration Bond of himself and/or his sureties in accordance with the order of the Court.

14.
14.

Form of inventory.- The inventory referred to in Rule 12, shall be in Form No.

8 and shall be verified by the affidavit of the executor or administrator.

It shall set out under the several heads contained in the said form a detailed description of the property, credits and the effects of the deceased and, if the deceased did not possess property falling under any particular head, it shall be so stated in each case.

116 15.
116 15.

Form of account.- The said account shall be in the form of Debtor and Creditor Account, all moneys and other properties received by the executor or administrator being placed on the debit side and all disbursements made by him being placed on the credit side; and a balance shall be struck.

The accounts shall be headed with the cause title of the matter and shall be verified by the affidavit of the executor or administrator.

16.
16.

Extension of time to file inventory or accounts.- (i) If the inventory or account is not filed within time prescribed therefor, the matter shall be posted before Court for orders.

The Court may either extend the time or call upon the party in default to file an application for the purpose or pass such other order as may be lawful and just in the circumstances of the case.
(ii) An application for further time to file the inventory or account shall be made by an interlocutory application entitled in the petition in which the grant of Probate or Letters of Administration was made and shall be supported by affidavit, stating the cause of the delay in filing the same.

17.

Administration Bond.- An administration bond shall be in Form No.9.
The Registrar shall, subject to the approval of the Court, determine the actual amount of security to be given and may examine the proposed sureties as to their properties and liabilities and for this purpose may direct notice to issue to the proposed sureties and adjourn the further hearing of the application to a fixed day by passing and order in Form No.

10.
10.

The proposed administrator and his sureties when approved by the Court, shall execute the administration bond before the Registrar or other officer authorized to take affidavits.

The bond shall be filed in Court not less than three days before the adjourned hearing.

18.
Preservation and inspection of Wills.- (i) Every original Will filed in the Court for the purpose of an application for the grant of a Probate or Letters of Administration with the Will annexed shall except as hereinafter provided, remain in the custody of the Registrar and shall be preserved by him in the manner hereinafter mentioned: Provided that it shall be lawful for the Registrar upon the requisition from any other Court for the production of an original Will in a case pending in such Court to forward the Will in a sealed packet under the custody of a responsible officer to such Court for production in the pending case.
The officer to whom the original Will is so entrusted shall deliver the sealed packet containing the same to the Judge of such Court and the Presiding Judge shall thereupon take all needful precaution for the safe custody and preservation of the Will until he has returned the same in a sealed packet to the Officer to whom it was entrusted for production, who shall deliver the sealed packet to the Registrar for the purpose of the application for the grant of Probate or Letters of Administration.
(ii) The Registrar may transmit a Will to a Court requiring its production by registered post insured for not less than Rs.1000 when its production through a responsible Officer before that Court, in view of the distance of that Court, entail an amount of delay or expense which the Registrar considers unreasonable.

(iii) The Registrar shall not comply with any requisition for the production of a Will except on receipt of a sum sufficient to cover all necessary expenses.
117 (iv) When any original Will is filed for the purpose of an application for the grant of Probate or Letters of Administration, the Registrar shall endorse upon it a serial number and a reference to the application and shall cause a copy of the Will to be made and after the copy has been examined by himself or such Officer of the Court as he directs and found by him to be a true copy, the Registrar shall certify the copy to be a true copy and shall place with the record the copy so certified and the Will shall thereupon be placed in a sealed cover ( to be sealed in the presence of the Registrar) and the sealed cover containing the Will shall be locked up in a fire proof box which shall be kept in the sole charge of the Registrar.
The key of the box shall also be in the sole charge of the Registrar who will be held responsible for the safe custody of the box and its contents.
(v) No original Will, after being placed in the fire proof box, shall be removed therefrom except under an order in writing of the Registrar made for the purpose of (a) complying with a requisition within the meaning of the proviso to Rule (i), (b) it being produced in Court on the hearing of the application for the purpose for which it was filed or on the hearing of an application for the revocation of a grant of Probate or Letters of Administration with the Will annexed or on the hearing of a case in Court or in any subordinate Court in which it is necessary to put such Will in evidence, (c) it being copied and (d) for inspection of such Will.
(vi) A special register of Wills filed for the purposes of application for the grant of Probate or Letters of Administration with the Will annexed shall be maintained in English in form No.

11.

(vii) In the Register mentioned in the above rule, shall be entered the particulars indicated by the headings of columns.

(viii) Alphabetical index shall be prepared in Form No.

12 to the entries made in the Register and a copy of such index shall be attached to the Register.
The Registrar may upon an application in writing for inspection of the Register or of any Will mentioned in such Register, make an order permitting the inspection of the same: Provided that no such order shall be made unless in such application are set forth the names, residences and occupations of the applicant and the person or persons, if any, to be present on his behalf at the inspection and the reason for which the order of inspection is sought and in the case of an application for the inspection of an original will, unless the application be accompanied by Court fee stamps prescribed therefor.
(ix) An order for inspection shall state the date on which the inspection may be had.

No inspection shall be allowed under these Rules except between the hours of 11 a.m. and 3 p.m. or otherwise than in the presence of the Registrar or an officer of the Court as the Registrar shall direct.
No person inspecting the Will under these Rules shall be permitted during the inspection to have in his possession or have access to a pen or ink or to write anything whatsoever to make any erasure or mark in the Register or on the Will, but a person so inspecting may be permitted to make notes in pencil on a separate paper.

(x) Every copy of an original Will shall be made in the presence of the Registrar or such other officer of the Court as the Registrar may direct.
118 (xi) Application for copy of an original Will shall be submitted to the Court and such copy shall only be granted subject to the condition which attach to the inspection of original Wills.

19.

(i) Save as otherwise expressly provided in these Rules, the proceedings in relation to Probate and Administration matters in the High Court shall be governed by the Karnataka High Court Rules, 1959, as amended from time to time.
(ii) Without prejudice to the generality of the provision in sub-rule (i), applications under section 262, 263, 301 and 302 of the Act, shall be in the form of Civil Petition within the meaning of Rule 1 of Chapter VII of the High Court of Karnataka Rules, 1959.

Form No.

Description APPENDIX 1.

Cause Title in Probate and Administration matters (Rule 4) 2.

Petition for Probate or Letters of Administration with the Will annexed [Rule 5(i)] 3.

Petition for Letters of Administration [Rule 5(i)] 4.
Notice of application for Probate or Letters of Administration [Rule 5(ii)] 5.

Notice of caveat (Rule 9) 5A.

Form of Citation [Rule 5(b) (iv)] 6.

Notice of caveator (Rule 11) 7.

Decree (Rule 13) 8.

Inventory to be filed by Executor or Administrator (Rule 14) 9.

Administration Bond (Rule 17) 10.

Interim Order on application for grant of Letters of Administration (Rule 17) 11.

Register of Wills filed in application for grant of Probate or Letters of Administration [Rule 18 (vi)] 12.
Index to the Register of Wills [Rule 18 (viii)] 119 Probate and Administration Matters Rules Form No.1 (See Rule 4).

Cause Title in Probate and Administration matters IN THE HIGH COURT OF KARNATAKA AT BANGALORE C.P.No.

.........................................................................20 .....

In the matter of the Will of A.B.

deceased, or In the matter of the goods of A.B.


intestate and deceased or when the application is under Part X of the Indian Succession Act, 1925 in the matter of the debts of A.B.

deceased.

1.

2.

C.D.

and E.F.

Between 1.

2.

C.D.

and E.F. 1.

2.

G.H.

and J.K. Petitioners Petitioners Respondents OR And ______ Probate and Administration Matters Rules Form No.

2 [See Rule 5(a) (i)] Petition for Probate or Letters of Administration with the Will annexed.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE C.P.

No.

............................................ 20.. (Cause Title) Petition of C.D.

under Parts VII and IX of the Indian Succession Act, 1925.

The above named petitioner states as follows:- 1.

C.D.

the 1st petitioner, is a land owner and resides at ............... E.F. the 2nd petitioner, is a dealer in grain and resides at …....…..

The address of the petitioners for service of all notices and processes is ……………………… 2.

G.H.
G.H.

the 1st respondent, is a land owner and resides at ……………………….

I. J. the 2nd respondent is an infant of about ………… years and resides with K.L.

a land owner at ……….. and is sued as the legal representative of M.N.

land owner, deceased.

3.

The above named A.B.

died on the ………………… day of ……… at……….

.. within the jurisdiction of this Court being his fixed place of abode or where fixed placed of abode being at he was temporarily resident, his ……………….. within the jurisdiction of this Court.

4.
4.

The writing annexed hereto now shown to me and marked with the letter A, is the last will and testament of the said A.B., and was duly executed by him in the presence of the witnesses whose names appear at the foot thereof.
OR (in a case falling under section 237) 120 The deceased had made a Will and it has been lost or mislaid since the testator’s death or it has been destroyed (describe how and why destroyed) otherwise than by an act of the testator and that the annexure, marked Exhibit-A, is a copy or draft of the Will.
OR (in a case falling under section 238) The deceased had made a Will and it is lost or destroyed and no copy has been made nor draft preserved but the annexure marked Exhibit-A, contains the terms of the Will as far as it could be ascertained by the petitioner and it is attested by the persons named in the Will as attestors.

5.
5.

I am the same person as C.D., the executor named in the said Will (or where the application is for Letters of Administration with the Will annexed insert paragraphs 4 and 5 of Form 3 infra.)

6.

The amount of the assets which are likely to come to my hands does not exceed in the aggregate the sum of Rs.

……… and the net amount of the said assets, after deducting all items which I am by law allowed to deduct, is under the value of Rs…………… 7.
I hereby undertake to duly administer the property and credits of the said A.B.

deceased 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 (or Letters of Administration) to me, and also to render to this Court a true account of the said Property and credits within one year from the said date.

8.
8.

Your petitioner therefore, prays:- (a) That he may be allowed to prove the said Will in common form and that Probate thereof (or Letters of Administration to the property and credits of the said deceased, with the said Will annexed) to have effect throughout the State of Karnataka may be granted to him.

(b) For such other relief as the Court may deem fit.

(Set out property left within the jurisdiction, if necessary, to find jurisdiction) SCHEDULE (Sd.)

C.D.

(Sd.

E.F.) Advocate for C.D.

I, C.D.


the petitioner in the above petition, declare that what is stated herein is true to the best of my information and belief.

(Sd.)

C.D.

Witnesses: O.P.

of (residence and description) I, ………….. of (residence and description) one of the witnesses to the last Will and testament of A.B.
the testator mentioned in the petition declare, that I was present and saw the testator affix his signature (or mark) to the said Will, now shown to me, and marked A, (or that the said testator acknowledged the writing annexed to the above petition, now shown to me and marked A, to be his last Will and testament in my presence).

___________________ (Sd.)

O.P.


121 Probate and Administration Matters Rules Form No.3 [Rule 5(a) (i)] Petition for Letters of Administration IN THE HIGH COURT OF KARNATAKA AT BANGALORE (Cause Title ) C.P.

No.

......................................................................20.......................

Proceed as in Form No.

2, but in place of paragraphs 4 and 5 insert as follows:- 4.

The said A.B., left him surviving the following relations namely:- (1) E.F., your petitioner, and (2) G.H.
of (residence and description) his sons.

(3) J.K. the wife of L.M.

of etc., his daughter; (4) N. of etc his wife; (5) P.Q.

of etc, and (6) R.S.

of etc, his brother of whom the said P.Q………… died on the ……….. day of ……………….and left no other relations.

5.

The said A.B.

died intestate and your petitioner claims administration of his property and credits as his elder son.

6.

Your petitioner, therefore, prays- 7.

Insert paragraph 7 as in Form No.

2 supra 8.


Your petitioner, therefore, prays- (a) That letters of administration to the property and credits of the said deceased to have effect throughout the State of Karnataka, may be granted to him; (b) For such other relief as to this Court may deem fit.

(Signed) C.D.

Signed X.Y.

Advocate for C.D.

(Insert verification as in Form No.

2 supra) ______________________ Probate and Administration Matters Rules Form No.
4 [See Rule 5(a) (iv)] Notice of application for Probate or Letters of Administration IN THE HIGH COURT OF KARNATAKA AT BANGALORE C.P.

NO.

........20... (Cause Title) To, L.M., Deputy Commissioner of …………….. Notice is hereby given that application has been made to this ................ Court for a grant of probate of the Will (and a 122 codicil thereto) dated respectively the ….
day of ……… and the …… day of ………… (or letters of administration of the property and credits or letters of administration with the Will, dated the ……… day of ……… annexed, of the property and credits) of A.B.

date of (address and description) who died on the …… day of ……… at ……… to C.D.

of (address and description) one of the executors named in the said Will (or the brother and one of the next of kin of the deceased or as the case may be).
(Where the notice is to be sent to any person other than the Deputy Commissioner, and that the ….. day of …….. has been appointed for the hearing of the said application and that if you desire to oppose the same you must file a caveat in the said Court).

The gross value of the estate has been sworn at Rs…….. and the net value at Rs.

…… Dated this ………day of ………… (Signed) E.F., Advocate for the said C.D.

(Signed) G.H.

Registrar Probate and Administration Matters Rules Form No.
5 [See Rule 9] Notice of Caveat IN THE HIGH COURT OF KARNATAKA AT BANGALORE C.P.

NO.

........................................................20.............. (Cause Title) To, C.D.

(the Petitioner) And X.Y.

his pleader At (address) for service.

Take notice that on the ……… day of ……… G.H.

of (address and description) lodged a caveat against the grant of probate (or letters of administration) in the above matter.
Signed ……………………………… Registrar ______________ Probate and Administration Matters Rules Form No.

5–A [See Rule 5(b)(iv)] Form of Citation IN THE HIGH COURT OF KARNATAKA AT BANGALORE C.P.

NO.
.......... 20.... (Cause Title) Whereas CD., the petitioner above named has made an application for grant of Probate of a Will annexed to his application on a copy of draft of a Will (alleged to 123 have been lost or destroyed or not found and no copy of which is forthcoming), said to have been executed by deceased A.B., (here mention the name and address and the last known place of residence of the deceased) and/or/for Letters of Administration in respect of the property described in the Schedule annexed: Be it known that no caveat has been entered/caveat is entered by …….… and …… that the said petition is posted for hearing on the ……….. date of ……………… 20.... , and all persons claiming to have any interest in the estate of the deceased may come and see the proceedings before the grant of Probate or Letters of Administration.
(Where the petitioner for Letters of Administration with the Will annexed is not the executor appointed by the Will, and the following additional clause).

You, the executor named in the Will are hereby called upon to accept or renounce your executorship and that in the absence of any intimation from you before the said date of hearing you will be deemed to have renounced your executorship.

Given under my hand and the seal of this Court, this Day of ……….20.. ____________ ................ Registrar.
Probate and Administration Matters Rules Form No.

6 [See Rule 11] Notice to Caveator IN THE HIGH COURT OF KARNATAKA AT BANGALORE O.S.

NO.
NO.

........................20...... (Cause Title) To, J.K. At (address of service) Whereas the above petition to which you are made a respondent is now pending in the said Court and the above named petitioner is proceeding therein to obtain the grant of probate of the alleged last Will (with a codicil thereto) or [letters of administration (with the alleged Will annexed) of the estate and effects] of the above named L.M.

deceased against the granting of which you have filed a caveat.
You are hereby summoned to appear in this Court, in person or by a duly authorised pleader of the Court duly instructed (continue as in Form No.

2 of Appendix B to the Code).

______________ …………… Registrar.

124 Probate and Administration Matters Rules Form No.

7 (Decree) [See Rule 13 P and A] Matters Rules IN THE HIGH COURT OF KARNATAKA AT BANGALORE (P. and A.)

O.S.
O.S.

No.........................................20............. Plaintiff/s Vs Defendant/s Application for Probate and Letters of Administration/Letters of Administration filed by ……….. plaintiff/s aforesaid on ……….. and registered as a suit upon the caveat of the defendant/s aforesaid.

This suit coming on for final hearing before Hon’ble Mr. Justice ………………… in the presence of Sri ………… Advocate for the plaintiff/s and Sri ……….. Advocate for the defendant/s it is ordered and decreed.
That the suit be and the same is hereby dismissed and that the plaintiff/s aforesaid to pay to the defendant/s aforesaid the sum of Rs………….

being the cost incurred by the latter as per memorandum of costs annexed hereunto; or 1.

That the Will Exhibit A produced with the application for Probate aforementioned/mentioned in the application for Probate is proved to be the last Will and testament of the deceased ………….
and that the same has been registered and filed in accordance with the Rules governing the Probate and Administration Matters, 1964.

2.

It is further ordered and decreed that the Plaintiff/s be granted a Probate of the said Will under section 289 of the Indian Succession Act, 1925 read with section 300 thereof (this clause shall be retained only when the Probate is granted); and 3.
That the petitioner/s be granted Letters of Administration to the estate of the said deceased ……./with/without a copy of the Will annexed under section 290 of the Indian Succession Act, 1925 read with section 300 thereof.

4.

It is also ordered and decreed: (i) that the plaintiff/s shall execute a bond in a sum of Rupees …………….
With …………… surety or ……… sureties for the due collection, getting in, and administering the estate of the deceased aforesaid; and (ii) that the plaintiff/s to whom Letters of Administration is granted as aforesaid shall file a true and full inventory of the assets and liabilities of the said deceased within six months from the date in Form 8 and render true and full account thereof within one year from this date as mentioned in Rule 13(ii); and (iii) that the defendant/s do pay to the plaintiff/s the sum of Rs……….
being the costs incurred by the plaintiff/s subsequent to the caveat entered by the defendant/s, (omit this clause when no cost is awarded).

Given under my hand and the seal of this Court this …… day of … 20... Seal Registrar _____________________ 125 Probate and Administration Matters Rules Form No.

8 [See Rule 14] IN THE HIGH COURT OF KARNATAKA AT BANGALORE O.S.

NO.

........................ 20..


Inventory to be filed by Executor or Administrator (Cause Title) Inventory of the property and credits of the above named A.B.

deceased.

I, C.D.

of etc., solemnly affirm and declare (or make oath and say) as follows: On the ………………….. day of ………….

Probate of the Will (or letters of administration of the property and credits) of the above named A.B.

deceased, was (or, were) granted to me by this Court.

2.
2.

The Inventory hereunder set forth contains a full and true estimate of all the property in the possession of and all the credits of and all the debts owing by any person to the said deceased, to which I am entitled as such executor (or administrator) as aforesaid.

Description of property INVENTORY Person now in possession thereof Encumbrances Net amount or value (2) (3) (4) (5) Sl.

No.

(1) MOVABLE PROPERTY 1.

Cash 2.

Currency Notes 3.

Money secured on the following moveable properties.- 4.
Money secured on the following immovable properties.

5.

Other credits of the deceased.- 6.

Furniture, household goods, wearing apparel.

Jewellery, bullion, precious stones.- Stock in trade, goodwill of business, share of partnership.

7.

8.

9.

Government Securities.

10.

Shares, stock or debentures, or other securities of public companies.

11.

Policy of insurance on the life of the deceased in the ………… Company, dated………… No… IMMOVABLE PROPERTY 12.

Lands.- 13.

Houses.- 14.


Other immovable property.- 15.

Movable and immovable property not falling under any of the above heads.

126 3.

I have not received nor am I entitled to as such executor (or, administrator) as aforesaid any property credits or effects other than those set forth.

Solemnly affirmed (or sworn) by the said C.D.

this .......... day of ....... at ........... (Signed) C.D.

Before me, (Signed) E.F. ........................
Designation ........................ ____________________________________ Probate and Administration Matter Rules Form No.9 [See Rule 17] Administration Bond IN THE HIGH COURT OF KARNATAKA AT BANGALORE P and A No........................ 20.. (Cause Title) Know all men by these presents that I/We (the guardian) of (residence and description) and we ................... Society, Limited, carrying on business in Karnataka at ......... through (and hereinafter called Society) are jointly and severally bound unto the Registrar in Rs............ to be paid to the Registrar or his............ assigns, for which payment to be made, I/We do hereby bind myself/ourselves and each and every of my/our heirs, executors and Administrators and we......... the society for ourselves and our successors do bind and oblige ourselves for the whole unto the said Registrar, its successors in office or assigns firmly by these presents.
Now the condition of the above written bond is such, that if the said C.D.

(the administrator) shall within six months from the grant to him of letters of administration of the property and credits of A.B.

late of etc., deceased or such further time as the Court may appoint exhibit in the Court an inventory containing a full and true estimate of all the property in possession, and all the credits and also all the debts owing by any person, to which the said C.D.
is entitled as administrator, and shall within one year from the said grant or such further time as the Court may appoint, exhibit an account of the estate of the said deceased, showing the assets which have come to his hands and the manner in which they have been applied or disposed of, and shall well and truly administer the said property credits and estate according to law, and all the rest and residue of the said property, credits and estate, which shall be found remaining upon the said administration account, shall deliver and pay unto such person or persons as shall be lawfully entitled thereto.
Then the above bond shall be void and of no effect, otherwise it shall remain in full force.

(Sd.)

Sureties 1.

....................................... 2.

.......................................

In the presence of Registrar.

__________________________ 127 Probate and Administration Matters Rules Form No.

10 [See Rule 17] IN THE HIGH COURT OFKARNATAKA, BANGALORE C P No.

........... 20.... (Cause title) Interim Order on application for grant of probate or Letters of Administration.
Upon reading the petition of A.B.

dated the day of ................ and upon hearing etc., and the Court having approved of the said C.D.

as proper person to be appointed administrator of the estate of A.B.

(deceased) and of P.Q.

of (residence and description) and R.S.

of (residence and description) as sureties for him.

It is ordered that the said C.D.

do before the day of ........ bring into Court a bond in Form No.
9 infra for the sum of Rs................ duly stamped and that notice do Issue to P.Q.

of (residence and description) and R.S.

of (residence and description) to attend this Court on the said day to be examined as to their sufficiency as sureties for the said C.D.

(or if the sureties are approved) and the said C.D.

P.Q and R.S.

do attend this Court on the said day to execute the said bond (or if the bond is to be executed out of Court) and that the said bond be executed by the said C.D., P.Q and R.S.
before an officer authorised in this behalf.

And the further hearing of this application is adjourned to the said day of .....

Given under my hand and the seal of this Court, this ........ day of .......... _____________________ Registrar.

Probate and Administration Matters Rules Form No.

11 [See Rule 18 (vi)] Register of Wills filed in applications for grant of probate or Letters of Administration.
Register of Wills filed in applications for the grant of Probate or Letters of Administration with the will annexed.
, (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) _____________________ 128 Probate and Administration Matters Rules Form No.
12 [Rules 18(viii)] Index to the Register of Wills Name of Testator Page of register INDEX _________________ Registrar The principal rules were first published in the Karnataka Gazette dated 30th July, 1964 vide Notification No.

SPL 327 of 1963 dated 13th July, 1964 and the Rule 12(b) was subsequently amended vide Notification No.

SPL 327 of 1963 dated 02.01.1967.