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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
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MH- CET LAW, 5 YEARS, LLB LAW COURSES exam pattern - Syllabus and marks distribution
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MH CET Law, the exam pattern for 5-year LLB law courses programmes.
@1 Law
exam pattern
Exam
mode----
Online,
CBT
(Computer
Based Test)
Language---
Marathi
and English
Type
of paper---
Multiple choice question paper
Exam
duration--
120
minutes
Total
number of questions-----
150
Total
marks--
150
Marking
scheme---
1
mark for each correct answer
Negative
marking--
No
@2
MH
CET Law exam pattern - Syllabus and marks distribution
There
will be 150 questions in MH CET Law paper. The questions will be
asked from different topics like general knowledge, legal aptitude,
reasoning etc. While the exam pattern 5-year LLB course, the
syllabus and standard of MH CET Law will vary according to the law
programme. Below, the topic wise syllabus is given below.
MH
CET Law syllabus - For 5-year LLB course
Subject/Topics
Number
of questions
Marks
Legal
aptitude and legal reasoning
40
40
General
knowledge with current affairs
30
30
Logical
and analytical reasoning
40
40
Maths
10
10
English
30
30
Total
150
150
@3
for
5-year LLB programme, questions from the intermediate level will be
asked in the examination. Candidates can refer to the syllabus given
below.
Legal
aptitude and legal reasoning -Study
of Law, Legal aptitude and problem-solving ability, legal
prepositions with facts. The facts may not be true in the real
sense, but candidates will have to answer the questions by using the
facts.
General
knowledge with current affairs -History
(Ancient, Medieval and Modern), Geography, General Science,
Economics, Civics, and Current affairs.
@4
Logical
and analytical reasoning
-Completing
arguments, drawing well-supported conclusions, reasoning by analogy,
applying principles or rules. Sets and statements, puzzle etc
@5
English
-Vocabulary,
Synonyms, Antonyms, Analogies, Idioms and Phrases, One-word
Substitution, Sentence Improvement and rearrangement, fill in the
blanks, Errors - Common errors, Spotting errors, inappropriate usage
of words, spelling mistakes etc, English Comprehension etc.
Maths
(For 5-year LLB only)
-Profit
and Loss, Speed and Distance, Time and Work, Algebra, Average, Venn
Diagram, etc
How long a Will is valid after the Death? @1 Will is a legal declaration of the intention of the testator about his properties both movable and immovable. Enforcement of will is always after the death of the testator and in case properties of the testator are dispersed before his death that document is not known as will. Will validity after death can also be challenged before a court of law but in a certain time period. Therefore will validity after death is quite important. @2 Will validity after death? A will is to be enforced after the death of the testator. As the basic objective of a will is to enforce the will of the testator in relation to his properties and other assets. The validity of a will after the death of a testator can also be challenged. In general parlance, a will is valid whether it is registered or unregistered. There is no time bar for a will to come into effect. A will can be challenged up to 12 year
SUCCESSION CERTIFICATE @1 The provisions regarding the issuance of succession certificates are found in Part-10 of the Indian Succession Act. Supplementary provisions are also found in paras 304 and 305 of the Civil Manual in Chapter-14. The succession certificate can be applied for the debt or the security, as contemplated in Sections-370 and 374 of the Act. The jurisdiction to issue succession certificate, as found in Section-371 of the Act, is with the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if such deceased had no fixed place of residence, then the District Judge within whose jurisdiction any part of the property of the deceased may be found can exercise the jurisdiction. @2 Section-388 of the Act authorizes the State Government to invest any court inferior in grade of a District Judge with power to exercise the function of District Judge. The Sub-section 1 and Sub-section 2
Sample Questions Legal Aptitude and Logical Reasoning 1. What is the angle between the two hands of a clock when the time shown by the clock is 6.30 PM? (a) 00 (b) 50 (c) 30 (d) 150 Explanation : q = 11/2 m – 30h = 11/2 *30 - 30 *6 = /165-180/ = 150 3. By how many degrees does the minute hand move in the same time, in which the hour hand move by 280? (a) 168 (b) 336 (c) 196 (d) 376 Explanation : 28*2*6 = 336 4. At what time, between 3 o’clock and 4 o’clock, both the hour hand and minute hand coincide each other? (a) 3:30 (b) 3:16 4/11 (c) 3:1611/4 (d) 3:16 7/11 Explanation : Coincide means 00 angle. 0 =11/2m –30*3 11m = 90*2 = 180 m= 180/11 = 16 4/11 So time = 3 : 16 4/11 5. How many degrees will the minute hand move, in the same time in which the second hand move 4800? (a) 60 (b) 90 (c) 40 (d) 80 Explanation : Minute hand covers 480/60= 80 6. How many years have 29 days in February from 2001 to 2100? (a) 26 (b) 25 (c) 23
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