Showing posts from December, 2021

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

how to file Caveat, what is caveat, what is section 148-A of the Code of Civil Procedure:-

  How to file Caveat,  what is caveat,  Period of Limitation/ Validity of Caveat : -             The life of the petition is 90 days, from the date on which it was lodged.      @1    what is section 148-A of the Code of Civil Procedure:-                 Caveat 1 Point No.1 :- What is Caveat Petition  (Section 148A of the Civil Procedure Code, 1908) A Caveat is a Latin term which means, 'let a person beware' originated in the mid 16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. The Section 148A of the Code reads as under, 148A. Right to lodge a caveat. @2 (1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.  @3 (2) Where a caveat has been

How long a Will is valid after the Death?

  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

महाराष्ट्र वििाह नोंदणी अधिननयम १९९८

 महाराष्ट्र वििाह नोंदणी अधिननयम १९९८

Sources of Hindu Law

   The sources of Hindu law may be classified under the following heads-  @1Traditional or Ancient Sources and   Modern Sources. (1) Traditional or Ancient Sources of Hindu Law -        The Ancient Hindu legal system recognized 4 sources of law.      >@2a) The Vedas (Shruti) -                The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.  Veda means knowledge . There are four Vedas.   Rig Veda, Yajur Ved, Sama Ved and Atharva Ved. b) The Smritis -                 Next to the Vedas, the Smritis are the most important source of Hindu law. The word Smritis literary means what has been remembered." Shruti represents direct words of God as heard by sages (Rishis),  while Smrities represent what was remembered from the word of God heard by Sages. Early Smrities were termed as Dharma Shastras  The oldest Smriti i