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India
Clasis Law
The Bombay High Court in a recent judgement in the case of Ruby Cyril D'souza & Ors. v. Cecilia Reynold D'souza & Ors. has held that a Testamentary Court does not have jurisdiction to consider the validity of a bequest ...
Dolce Vita Advisors
In India, Non-Resident Indians (NRIs) are subject to the country's succession laws concerning the inheritance of property situated within Indian territory.
Vaish Associates Advocates
Probate is the legal process of proving a will in Court and confirming its validity. The purpose of probate is to ensure that the deceased person's assets are distributed according to his wishes, as stated in his Will.
Khaitan & Co LLP
On 28 August 2023, a two judge bench of the Hon'ble Supreme Court of India comprising of Justice C.T. Ravikumar and Justice Sudhanshu Dhulia, in its decision in M. Sivadasan Through L.Rs. & Ors. vs. A. Soudamini Through...
Khurana and Khurana
This article aims to explore the origin of the Rule of Estoppel and delve into the tenets of the interplay between the of Rule of Estoppel and Section 6 (a) of The Property Act with the help of suitable case laws.
Argus Partners
A probate[1], as per the Indian Succession Act, 1925 ("Succession Act"), means a copy of a will[2] certified under the seal of a court of competent jurisdiction...
Khaitan & Co LLP
A Karta being the head of a Hindu joint family, exercises wide powers in managing the affairs of the joint family. As such, the powers of Karta include the power to manage, maintain and alienate...
Karanjawala & Company
A Will is a solemn document that specifies how a person's property or assets must be distributed after his/her death. For a will to become valid, two conditions must be met: age of majority...
M Mulla Associates
The Apex Court in a recent decision in Ghanshyam v. Yogendra Rathi observed that a power of attorney is of no consequence if neither the sale deed is executed nor any action is taken by the holder of the Power of Attorney.
M Mulla Associates
The Apex Court in its recent decision in Elumalai @ Venkatesan & Anr. vs. M. Kamala And Ors. & Etc. held that the conduct accompanied by intention of the Parties has to be considered while considering the effect of estoppel.
Shardul Amarchand Mangaldas & Co
It is in the context of the facts and analysis of the case below that the Karnataka High Court delivered this judgement.
YNZ Group
A Will is a legal declaration of intention of a testator with respect to his property which he desires to pass on after his/her demise.
LexOrbis
The Delhi High Court has held that a duly probated Will by a Foreign Court of competent jurisdiction is a conclusive proof of the legal character throughout the world.
Shardul Amarchand Mangaldas & Co
At the time when Indian society is moving towards gender equality, the laws have been quite slow in catching up with the transforming Indian society.
King, Stubb & Kasiva
A will is a legal document that expresses a person's desires about the management or distribution of their possessions after death.
S.S. Rana & Co. Advocates
Even though one loathes to consider it, death is a certainty that must come at the end.
Ahlawat & Associates
Such Wills are also executed in accordance with the conditions stipulated under the Act for executing Unprivileged Wills in India.
Vaish Associates Advocates
The following are some of the grounds on which a will can be challenged under the provisions of the Indian Succession Act, 1925 in India.
Ahlawat & Associates
Everyone at some point of time becomes anxious about what will happen to his belongings after his death and wants to ensure that the life he has lived has been worthwhile.
Vaish Associates Advocates
As per Section 63 of the Indian Succession Act, 1925 ("Succession Act"), every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged...
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