Probate schedules are not part of the grant itself and may be deleted when wrongly annexed.

Probate granted under section 289 of the Indian Succession Act is directed to administration of the estate, and the prescribed probate form does not make the annexed schedules of assets and liabilities part of the grant itself. The statement of assets is required for seeking probate under section 276, but the schedules remain separate from the operative probate order, a view reinforced by the court-fees scheme, which separately addresses valuation and later discovery of a different value. Because a litigant should not suffer for a court-made mistake, the erroneous annexation of the schedules could be corrected and the schedules were liable to be deleted.

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Issues: Whether the schedules of assets and liabilities annexed to the probate formed part of the probate and could be deleted.

Analysis: Probate under section 276 of the Indian Succession Act is sought with a statement of assets, but the grant of probate under section 289 is directed to administration of the estate and the prescribed probate form does not make the schedules part of the grant. The Court also noted that the Court-fees provisions deal separately with valuation of estate and with situations where the value is later found to be different, which supports the view that the schedules are not an operative part of the probate itself. Since a litigant should not suffer for a mistake made by the Court, the erroneous annexation of the schedules could be corrected.

Conclusion: The schedules did not form part of the probate and were liable to be deleted.

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