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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

PROOF OF WILL/KINDS OF WILL

KINDS OF WILL @1 1 Privileged Will: -The wills which could be made by any Solider,Airman or Mariner engaged in actual warfare are called privileged wills. To make privilege will age of such persons should be above 18 years. Such will could even be oral. However, at the expiration of one month such oral will shall be null in case testator survives. (Ref: Sections 65 and 66 of the Act) In the case of Ratnammal Vs. Thilaimal, AIR 1957 AP 336,337, in para 6 it was held this provision is not applicable to exempted category. It means Hindu can not make privileged Will. @2 2 .Unprivileged will :-Unprivileged wills can be executed in a manner given in Section-63 of the Indian Succession Act. The testator has to sign or affix his mark to the will or it can be signed by some other person in his presence and by his direction. The signature or the mark of the testator or the signature of the person signing for him, shall be so placed that it shall 2 appear that it was intended thereby to giv

Criminal Procedure Code, 1973 (CrPC) – All Sections List

  List of all Sections of the Code of Criminal Procedure, 1973 (Cr.P.C.): THE CODE OF CRIMINAL PROCEDURE, 1973 ARRANGEMENT OF SECTIONS @1   CHAPTER I PRELIMINARY Chapter I- Preliminary 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under the Indian Penal Code and other laws. 5. Saving.   @2 CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES Chapter II- Constitution Of Criminal Courts And Offices 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Metropolitan areas. 9. Court of Session. 10. Subordination of Assistant Sessions Judges. 11. Courts of Judicial Magistrates. 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 13. Special Judicial Magistrates. 14. Local jurisdiction of Judicial Magistrates. 15. Subordination of Judicial Magistrates. 16. Courts of Metropolitan Magistrates. 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate