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

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 is Manusmriti.

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Probate In India: Definition, Importance & Application