Probate According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant...
Section 213(1) makes it mandatory for every legatee or executer to obtain a Probate of the will or Letter of Administration with the will before they try to execute a will. Otherwise, an executor or legatee cannot establish any right in a court of law pertaining to...
The critical difference between Probate and Letter of Administration is that Probate is granted to an executor nominated under the will. Whereas, if a will does not nominate an executor, the beneficiaries of the deceased will have to file an application for Letter of...
According to section 2(f)[1] of the Indian Succession Act, 1925 Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant (who is...
Succession certificate is a sanctioning document that sanctions the right to inherit debt and securities to the legal heirs of the deceased who died intestate. This right to inherit is sanctioned when the beneficiaries apply to a civil court of competent jurisdiction....
As per section 60 of the Act, a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority. Though the burden of proof to prove that the will was made out of free volition is on the person who propounds the will, a will...
Will obtained by fraud, coercion or importunity A will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. (Section 61 of the Act) Will or bequest void for...
Privileged wills are those that can be made my members of the armed forces employed in an expedition or engaged in actual warfare and can be made in oral form as well. Unprivileged wills are the wills that can be created by every person other than those who can create...
It is not necessary, that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom. (Section 74 ) Another general principle applied is that the Will is to be so read as to lead...
Section 62 of the Act deals with the characteristic of a Will being revocable or altered anytime during the lifetime of the testator. A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will....
Transfer to unborn persons is invalid (Section 113) Where a bequest is made to a person not in existence at the time of the testator’s death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the...
In India, registration of Wills is not compulsory. A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, (Act), and according to section 18 (e) it is the testator’s choice as to whether he wishes to register it. There is no...
