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Showing posts from January, 2022

Probate In India: Definition, Importance & Application

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  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
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WHEN ACT CAME INTO FORCE/For All Competitve Examinations.

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 WHEN ACT CAME INTO FORCE/ For All Competitve Examinations.      @1 (1)Indian Penal Code -1st January 1862.      (2)Civil Procedure Code-1st January 1909   (3)Criminal Procedure Code-1st April 1974. (4)Evidence Act - 1st September 1872. @2 (5)Transfer of Property Act - 1st July 1882. (6)Indian Contract Act - 1st September                                      1872. (7)Sale of Goods Act - 1st July 1930 @3 (8)Partnership Act - 1st October 1932. Section 69  included-  1st October 1933. (9)Limitation Act--  1st January 1964. On such date as the central Government may, by notification in the official Gazette,appoint. @4 (10)Specific Relief Act- came in to force in 1963 On such date as the central Government may,by notification in the official Gazette, appoint.  Specific Relief (Amendment)Act- 1st August 2018. (11) Maharashtra Rent Control Act-31st March 2000. style="font-size: large;"> @5 THANK YOU
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IMPORTANT MAXIMS IN LAW & LEGAL PHRASES

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  IMPORTANT MAXIMS  IN LAW & LEGAL     @1       PHRASES Maxim: Res ipsa loquitur- Meaning: The thing speaks for itself When to use it : When after an abdominal surgery, the surgeon leaves a scalpel in your tummy, his/her negligence would be res ipsa loquitur.  @2 Maxim : Audi alteram partem- Meaning: No man can be condemned unheard Whom to use it with: Next time your wife accuses you of not paying enough attention to her while you are glued to your favourite sport, use audi alteram partem in your favour but make sure you come up with a good explanation when she asks for one (women love explanations).  Maxim- Ex turpi causa non oritur action. Meaning-From a dishonourable cause an action does not arise.                                                          Ex turpi causa non oritur action is a Latin phrase which means that the plaintiff would not be able to recover damages if it arises having in connection with an illegal activity. This maxim is also called illegality
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Sources of the Indian Constitution

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  Sources of the Indian Constitution –   The other borrowed provisions from different countries and details of those are given in the table below: Countries @1 Borrowed Features of Indian Constitution Australia Concurrent list Freedom of trade, commerce and intercourse Joint-sitting of the two Houses of Parliament Canada Federation with a strong Centre Vesting of residuary powers in the Centre Appointment of state governors by the Centre Advisory jurisdiction of the Supreme Court Ireland Directive Principles of State Policy Nomination of members to Rajya Sabha Method of election of the president @2   Japan Procedure Established by law Soviet Union (USSR) (now, Russia) Fundamental duties Ideals of justice (social, economic and political) in the Preamble UK Parliamentary government Rule of Law Legislative procedure Single Citizenship Cabinet system Prerogative writs Parliamentary privileges Bicameralism @3          US Fundamental rights Independence of judiciary Judicial review I
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Distribution of Property after Death – Hindu Male

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  Distribution of Property after Death – Hindu Male For Hindus, testamentary succession (succession by way of Will ) is as per the Indian Succession Act and intestate succession (succession without Will) is as per the Hindu Succession Act. In this article, we look in detail the process for distribution of property after death of a Hindu male as per the Hindu Succession Act. @1 Class 1 Heirs The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under: Sons Daughters Widow Mother Son of a pre-deceased son Daughter of a pre-deceased son Son of a pre-deceased daughter Daughter of a pre-deceased daughter Widow of a pre-deceased son Son of a pre-deceased son of a pre-deceased son Daughter of a pre-deceased son of a pre-deceased son Widow of a pre-deceased son of a pre-deceased son Son of a predeceased daughter of a predeceased daughter Daughter of a de
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