File 951/1912 Pt 2 'Bahrein Order in Council' [‎196r] (396/534)

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73/ Application fot letters o£ administration shall be marl, .
Porm 9. macl© by , petition in Application for
administration.
74. Application for letters of administration with the will annpxprl a
by Tuition in. b orm 10. cxed shall he made Same with will
annexed.
parii^a# Credit ° r f ° r letterS ° f admillislration ;t sha H ^ated B 7 creditor.
. I (unlesf 'dulv e execiited n Ts tl 'rea’uirp(l la |! 101 t^ 0r T ’ ls '! res ’ ° r obliterations appear in the will Interlineations,
M r] l™ ess . ain j , f d ^ i eqmred by the Indian Succession Act or recited in or &c -
otherwise identified by the attestation clause), a statement must, if possible be made
‘I* hj m tbe affidavit of the attesting witness whether they existed in the will before its
execution.
, ,, 77 ■ If no affidavit by any of the attesting witnesses is procurable, an affidavit Affidavit,
shall be procured, if possible trotn some other person, if anv, who may have been
present at the execution of the will. But if no affidavit of any such person can be
obtained, evidence on affidavit must be produced of that fact and of the handwritings
of the deceased and attesting witnesses, and also of any circumstances which may raise
a presumption in favour of due execution.
78. -The Couit shall not grant probate of the will or administration with the Illiterate person,
will annexed of any blind or obviously illiterate or ignorant person, unless it has
satisfied itself that the said will was read over to the testator - before its execution,
or that the testator had at such time knowledge of its contents.
79. If a will contain a reference to any deed, paper, memorandum, or any other Reference in will
document of such a nature as to raise a question whether it ought not to form a t0 other P a P er -
constituent part of the will, such document should be produced in order to ascertain
if it is entitled to probate, and if not produced its non-production must be accounted
for. No deed, paper, memorandum, or other document can form part of a will unless
it was in existence at the time when the will was executed.
80. In cases where it is not necessary that a will should be signed by the testator Rroof of testator’
or attested by witnesses to constitute a valid testamentary disposition of the testator’s intentl0n -
property, the testator’s intention that it should operate as his testamentary disposition
must be clearly proved by affidavit.
81. Any appearance of an attempted cancellation of a testamentary writing by Cancellation,
burning, tearing, obliteration, or otherwise, and every circumstance leading to a
presumption of abandonment or revocation of such writing or part thereof must
be accounted for.
82. In all cases of letters of administration two common sureties are required to ^^ s s tr 0 a " ion .
1 * * j J * 1 1 1*1 _ -n k. 1 -1- |-» /-v w\ *~\ 1 T t'1 i /~VT TflO TV Y’f'XTV O Y*lTT
l J XI - -L1_L GW-LA V7CVO VvO VJA. J. iJ V/JL OfcV4.iJ.-i. T , ~ — i
the administration bond which must be given in double the amount of the property
for which the grant is made. Such bond shall he in Form 11.
83. Public notice of every application for probate of the will or letters of
administration shall be made in such manner as the Court shall direct, and such
notice shall be deemed sufficient notice of the application to the next-of-kin (Form 12).
Public notice of
application.
Part IV.— Miscellaneous.
84. Excepting the forms set forth in the First Schedule to these Rules, which
s ij: shall be used with such additions and variations as circumstances may require, or any
forms prescribed by subsequent Rules, the forms in use for the time iemg m e
Courts in India shall be adapted to the use of the Court.
85. The fees specified in the Second Schedule shall he paid.
D
Court fees.