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



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. 

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 defence.
Interest Reipublicae Ut Sit Finis Litium - It means it is in the interest of the state that there should be an end to litigation. 
Locus standi- Right of a party to an action to appear and be heard by the court.
Justitia nemini neganda est - Justice is to be denied to nobody.

 Actio personalis moritur cum persona- A personal right of action dies with a person’. The actions of torts are destroyed by the death of injured or the injured party.
Maxim: Volenti non fit injuria.
Meaning: No injury is done to someone who has consented; it is a voluntary assumption of risk.
Maxim: Nemo debet esse judex in propria causa.
Meaning: No man can be a judge in his own cause.
Ubi jus ibi remedium- Where there is a right, there is a remedy.
Vis major- Act of God.
Volenti non fit injuria- Damage suffered by consent gives no cause of action.
Ratio decidendi- Principle or reason underlying a court judgement.
Res Judicata Pro Veritate Accipitur-          It means that a judicial decision must be accepted as correct.
Rex Qui facit per alium, facit per se-         He who acts through another acts himself.
Boni judicis est ampliare jurisdictionem-      It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority..
Audi alteram partem- No man shall be condemned unheard.
Alibi- At another place, elsewhere.
Amicus Curiae- A friend of court or member of the Bar who is appointed to assist the Court.
Ante Litem Motam- Before suit brought; before controversy instituted OR spoken before a lawsuit is brought.
Qui facit per alium, facit per se- He who acts through another acts himself.
Nemo debet esse judex in propria causa - Nobody can be judge in his own case.
Nemo debet bis vexari pro una et eadem causa- It means no man shall be punished twice for the same offence.
Nemo bis punitur pro eodem delicto- Nobody can be twice punished for the same offence..
Mandamus- We command’. 
   A writ of command issued by a Higher Court to Government/Public Authority, to compel the performance of a public duty.
Mens rea- Guilty mind.
Factum probans- Relevant fact.
Fraus est celare fraudem- It is a fraud to conceal a fraud.
Functus officio- No longer having power or jurisdiction.
Habeas corpus- A writ to have the body of a person to be brought before the judge.
Injuria sine damno- Injury without damage.
Ipso facto- By the mere fact.
Detinue - Tort of wrongfully holding goods which belong to someone else.
Donatio mortis causa- Gift because of death. (or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor's death.)
Estoppel- Prevented from denying.
In Doli incapax- Incapable of crime.


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