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

Article 21 of constitution of india , fundamental laws.

The following rights are held to be covered
under Article 21
@1. The right to go abroad Satiuanl Singh Sawhney v. D.
Ramaruthaam -size: 15pt;">. A.O.O., New Delhi.
2. The right to privacy. Gobind v. State of M.P. In this case
reliance was placed on the American decision in Griswold v.
3. The right against solitary confinement. Sunil Batra v. Delhi
4. The right against bar fetters. Charles Sobrqj v. Supdt.
5. The right to legal aid. M.H. Hoskot v. State of Maharashtra.
6. The right to speedy trial Hussainara Khatoon v. Home
Secretary, State of Bihar.
7. The right against handcuffing. Prem Shankar Shukla v.
Delhi Administration.
@8. The right against delayed execution. T.V. Vatheeswaran v.
State of T.N. pan>
9. The right against custodial violence. Sheela Barse v. State of
10. The right against public handing. A.G. of India v. Lachma
11. Doctor's assistance. Paramanand Katra v. Union of India.
12. Shelter. Shantistar Builders v. N.K. Totame.


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