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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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

  • Impeachment of the president

  • Removal of Supreme Court and High Court judges

  • Post of vice-president

Germany

(Weimar)

  • Suspension of Fundamental Rights during emergency

South Africa

@4          France

  • Republic

  • Ideals of liberty, equality and fraternity in the Preamble



                                        THANK YOU


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