Probate In India: Definition, Importance & Application

  Probate In India: Definition, Importance & Application                        @1                        A will  is a document that is drawn by a person with clear instructions as to how his/her assets are to be distributed on their death. In certain situations — and only in certain jurisdictions, such as Mumbai, Kolkota and Chennai — the executor of the will may need to apply for a probate in order to legalise it. This article will discuss, in detail, what a probate is, when one is needed in India, what the court fees are, and how it can be obtained. @2 What is a Probate? The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. A probate, as defined in the India Sucessession Act, 1925, is ‘A copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the

Ayodhya Case.//Supreme Court's landmark judgments in 2019 in Ayodhya Case.

  Supreme Court's landmark judgments in2019 in Ayodhya Case.


The Supreme Court, being the highest court of the

country, remains busy all round the year entertaining a variety of important cases. This year, however, it had the arduous task of adjudicating one of the most sensitive cases in independent India's history–the Ayodhya title dispute.
The top court gave a peaceful closure to the decadesold politically and religiously sensitive case in a verdict that will be remembered for striking a balance between faith and rule of

Civil Appeal No. 1086610867 of 2010.
Decided onNovember 9, 2019.

M Siddiq (D) Thr Lrs …Appellants
Versus Mahant
Suresh Das & Ors …Respondents/With

Civil Appeal Nos 47684771/
2011/With Civil Appeal No 2636/2011/
With Civil Appeal No 821/2011/ With Civil Appeal No 4739/2011/
With Civil Appeal Nos 49054908/
2011/ With Civil Appeal No
2215/2011/ With Civil Appeal No 4740/2011/With Civil Appeal No
2894/2011/ With Civil Appeal No 6965/2011/With Civil Appeal No
4192/2011/With Civil Appeal No 5498/2011/With Civil Appeal No
7226/2011/ And With Civil Appeal No 8096/2011

Supreme Court verdict                                                The Supreme Court ordered the land to be handed over to a trust to build the Hindu temple. It also ordered the government to give an alternate 5 acres of land to the Sunni Waqf Board for the purpose of building a mosque.
This particular case had three main contending parties two Hindu groups and the Muslim Waqf Board, which is responsible for the maintenance of Islamic properties in India.
The Hindu litigants are the Hindu Mahasabha, a rightwing political party, and the Nirmohi Akhara, which is a sect of Hindu monks.
The Supreme Court delivered a landmark judgment in the Ayodhya land dispute case that will have farreaching effects.
The five judge Supreme Court bench (Chief Justice Ranjan Gogoi, Justice SA Bobde, DY Chandrachud, Ashok Bhushan and SA Nazeer) led by Chief Justice Ranjan Gogoi read out a uninanimous judgment and ruled in favour of the Ram Janmabhoomi and said there will be Ram Mandir at the disputed site and Muslims will be given an alternate 5 acre land for their mosque.
The Supreme Court heard the long pending  Ayodhya land dispute for a period of 40 days at a stretch and pronounced the historic verdict on Saturday as the nation waited with bated breath.


                 Follow live coverage of Ayodhya case verdict Here are the top 10 key takeaways from the landmark judgment  in the Ayodhya case:
1. Supreme Court has granted the entire 2.77 acre of disputed land in Ayodhya to deity Ram Lalla.
2. Supreme Court has directed the Centre and Uttar Pradesh government to allot an alternative 5 acre land to the Muslims at a prominent place to build a mosque.
3. The court has asked Centre to consider granting some kind of representation to Nirmohi Akhara in setting up of trust. Nirmohi Akhara was the third party in the Ayodhya dispute.
4. The Supreme Court dismissed the plea of Nirmohi Akhara, which was seeking control of the entire disputed land, saying they are the custodian of the land.
5. Supreme Court has directed the Union government to set up a trust in 3 months for the construction of the Ram mandir at the disputed site where Babri Masjid was demolished in 1992.
6. The Supreme Court said the underlying structure below the disputed site at Ayodhya was not an Islamic structure, but the ASI has not established whether a temple was demolished to
build a mosque.
7. The court also said that the Hindus consider the disputed site as the birthplace of Lord Ram while the Muslims also say the same about the Babri Masjid site.
8. The court also said that the faith of the Hindus that Lord Ram was born at the disputed site where the Babri Masjid once stood 4 cannot be disputed.
9. The Supreme Court also said that the 1992 demolition of the 16th century Babri Masjid mosque was a violation of law.
10. While reading out its judgment, the Supreme Court said that the UP Sunni Central Waqf Board has failed to establish its case in Ayodhya dispute case and Hindus have established their case that they were in possession of outer courtyard of the disputed site.
Following the verdict, several review petitions were filed by different parties, however, they were all dismissed by the top court.
The aggrieved parties now have the only option of filing a curative petition, the last resort available for appeal against a judgment in the court of law.


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