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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

supreme court decision-Accused can remain present before magistrate in person or through a counsel or agent during enquiry U/S 202 of CRPC against him.Supreme Court

 Accused can remain present before magistrate in person or through a counsel or agent during enquiry U/S 202 of CRPC against him. Supreme Court           Thus, the question to be considered is as to whether accused has any right to cross examine a prosecution witness examined during the course of inquiry under Section 202 of the Code. It is well settled that the scope of inquiry under Section 202 of the Code is very limited one and that is to find out whether there are sufficient grounds for proceeding against the accused who has no right to participate therein much less a right to cross examine any witness examined by the prosecution, but he may remain present only with a view to be informed of what is going on.   This question is no longer res integra having been specifically answered by a 4-Judge bench decision of this Court in the case of  Chandra Deo Singh v. Prokash Chandra Bose @ Chabi Bose and Anr. MANU/SC/0053/1963 : , [1964]1SCR639 ,  wherein this Court categorically laid

SUCCESSION CERTIFICATE

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

PROBATE //Probate is certificate from the Court which establishes the legal character of the person whom the grant is made.

PROBATE                      Probate is certificate from the Court which establishes the legal character of the person whom the grant is made. @1              From an early date the Supreme Court granted probate of Hindu and Mohammedan wills. The practice varied greatly from time to time, and it was never perhaps very satisfactorily determined upon what basis the jurisdiction rested. But the Supreme Court never applied the English rule as to the necessity for probate to Hindu and Mohammedan wills, nor do they attribute to such probate, when granted, the English doctrines as to the operation of probate. Under the system, a Hindu or Mohammedan executor took no title to property merely as such by virtue of the probate. In the case of Mohammedan executors such a title was created for the first time by Probate and Administration Act. (Ref:para 2.19 of law commission report No. 110)  @3 Section 2(f) of the Indian Succession Act, 1925 defines Probate means the copy of a Wi

Physical Presence Of Parties Not Needed For Compromise Petition, Mutual Consent Divorce & Acceptance Of Sureties : Karnataka HC

Physical Presence Of Parties Not Needed For Compromise Petition,  Mutual Consent Divorce & Acceptance Of Sureties : Karnataka HC            @1 -  The Karnataka High Court has held that it is perfectly lawful for the Courts to record the compromise on the basis of the compromise petitions duly by the parties and tendered by their respective Advocates before the Court, even without procuring the personal presence of the parties. Apart from this it was also held that conduct of the proceedings of the petitions filed under Section 13B of the Hindu Marriage Act, 1955 Section 28 of the Special Marriage Act, 1954, for divorce by mutual consent can be conducted via videoconference.                The court further laid down a procedure which can be followed for acceptance of sureties in compliance with the condition in the orders of the Criminal Courts. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty passed the order while hearing a suo-motu petition ta