Civil Procedure Code (Amendment) Act 2010 · As enacted
13. Amendment to First Schedule to the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The First Schedule to the principal enactment is hereby amended as follows:—
by the substitution for Form 82 thereof of the following Form:—
“No transfer to be effected in certain cases.
“No. 82
(Section 517/524)
FORM OF APPLICATION FOR PROBATE OR FOR
ADMINISTRATION WITH THE WILL ANNEXED
In the matter of the will of A. B. deceased
C. D. of
Petitioner
1. A. B. late of............died on the......... day of...................
20...........
2. The said A. B. duly executed his last will dated the.........day of
...............20......... (now deposited in this court or and the said will is appended hereto or as the case is.........see section 524).
3. To the best of your petitioner’s knowledge the heirs of the said A. B., deceased, are :
4. Full and true particulars of the property left by the deceased, so far as your petitioner has been able to ascertain the same, are contained in the Schedule hereto annexed.
5. Your petitioner claims as (executor, creditor, &c., as the case is)
Your petitioner therefore humbly prays for an order declaring the said will proved, and that he may be declared executor of the said will, and that probate thereof may be issued to him accordingly (or, where the case is so, for a grant of administration with copy of the will annexed, &c.). (If a limited grant is asked for, set out to that effect.)
(Formal conclusion).
SCHEDULE
(Support paragraph 2 and 5 by affidavit or oral evidence. If the testator died out of Sri Lanka, state that the applicant has obtained an
Order appointing the court to have sole testamentary jurisdiction.)”.
by the substitution, for Form 83 thereof, of the following Form :—
“No 83
(Section 517)
FORM OF APPLICATION FOR ADMINISTRATION WHERE
THERE IS NO WILL OR FOR CERTIFICATE OF HEIRSHIP
(Formal parts proceed as in last form)
In the matter relating to the will of
A. B. deceased
C. D. of .......... Petitioner
V
(For respondents name intestate heirs of the deceased to the best of the petitioner’s knowledge)
1. The said. A. B., late of...................died on the................ day of............ 20.........
2. The said A. B. did not execute a last will/no last will of the said
A. B. can be found.
3. To the best of the petitioner’s knowledge the heirs of the said
A. B. deceased, are:
4. Full and true particulars of the property left by the deceased, so far as your petitioner has been able to ascertain the same, are contained in the schedule hereto annexed.
5. Your petitioner claims as (creditor, &c. as the case is).
Your petitioner therefore humbly prays for an order declaring that he is entitled as such (creditor, or as the case is) to administer the estate of the said intestate and directing that letters of administration of the said estate or certificates of heirship thereto be granted to him accordingly. (If a limited grant is asked for, set out to that effect).
(Formal conclusion).
SCHEDULE
(Support paragraphs 2 and 5 by affidavit or oral evidence and if the deceased died out of Sri Lanka, state that the applicant has obtained an Order appointing the Court to have sole jurisdiction.)”; and
by the substitution, for Form 84 thereof, of the following Form:—
“No. 84
(Section 529 (2))
FORM OF NOTICE TO BE PUBLISHED BY THE PROBATE
OFFICER
Notice under section.......................................................of the Civil
Procedure Code.
It is hereby notified that the following applications have been made for the proof of will/probate/grant of letters of administration/
issue of certificates of heirship, in respect of the estates of the deceased persons described in the Schedule hereto.
Any person having objections to the making of an Order declaring a will proved or the grant of probate or letters of administration with or without a will annexed or the issue of certificates of heirship to the persons named in the petitions, shall make such objections in writing supported by affidavit and filed on or before the dates fixed by the respective District Courts specified below:
SCHEDULE
DISTRICT COURT OF ......................
Last date for filling of objections:................day of...........20........
SCHEDULE
Column I
Column II
Column III
Column IV
District Court
Name and
Whether
Name and
Registration
Address
Deceased
Address
No.
of Deceased left will of Applicant
Date:.....................
Signed Probate Officer
District Court of.........................”.