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 the Indian Constitution

 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



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