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Rule 375 of Bombay High Court Rules provides that the application for letters of administration in cases where the deceased has left a Will shall be made by petition. There shall be annexed to the petition a copy of the last Will and testament of the deceased.

If the Will be not in the English language, an official translation thereof shall also be annexed. The original Will shall be filed separately and kept by the Prothonotary and Senior Master in the strong room of his office. There shall also the annexed to the petition (1) a schedule of 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 the petitioner's hands, (2) a schedule showing the debts of the deceased and all other items which by law the petitioner is allowed to deduct for the purpose of ascertaining the net estate of the deceased and (3) a schedule of property, if any, held by the deceased in trust for another and not beneficially or with general power to confer a beneficial interest. The petition shall be in Form No. 105 with such variations as the circumstances of each case may require and shall be accompanied by -

(a) the vakaltnama signed by the petitioner (Form No. 5), unless the Petitioner appears in person;

(b) the administrator's oath (Form No. 106);

(c) the affidavit of one of the attesting witnesses, if available. (Form No. 102). Indisputably, the requirement of Section 63(1)(c) of the Indian Succession Act, the Will is to be attested by two witnesses in terms of Section 68 of the Indian Evidence Act. However, if no witness to the Will is available, you need to prove the Will, by a Secondary evidence. In the case of Jagdish Prasad vs State (2015), Re. FAO (OS) 355/2008, the Delhi High Court on, 3/3/2015 affirmed that a Will can be proved under Section 69 by verifying the handwriting of one witness and the testator when both witnesses are unavailable. Section 69 imposes a twin fold duty on the propounder that 1) attestation of one attesting witness at least is in his handwriting and 2) that the signature of the person executing the document (Testator) is in the handwriting of that person. Rule 384 of BHC Rules provide that, In absence of attesting witness, other evidence to be produced, such as, an affidavit of some other person, who may have been present at the execution of the will shall be filed,

(d) a copy of the estate duty return, if filed with the Controller of Estate Duty. However, if you pay maximum Court fees, there is no need to comply, this condition.

The Schedules to the petition shall be in Forms No. 98, 99 and 100 respectively with such variations as the circumstances of each case may require.

You need to file Original Will separately in the Safe custody of the Office of the Prothonotary & Sr. Master. Similarly, you need to file Original Death Certificate in the Registry.

Your Petition appears on Testamentary Registrar’s Board on the auto generated date. On the first date, the Testamentary Registrar issues directions to issue Citation, Notice to non Consenting heirs, Service of Notice & Citation etc.

On or before second date, you need to file Affidavit of Service, Consent Affidavit of other heirs, Administration Bond with Surity. Upon satisfaction of compliances, the Testamentary Registrar will order to issue Letter of Administration upon the Will of the deceased.

However, if the non Consenting heirs files Caveat, you need to apply for conversion of Testamentary Petition in to Testamentary Suit. The matter will thereafter, proceed with the regular trial, evidence, hearing on the Testamentary Court till final disposal as per law.