Madhu Mittal
23 May 2015 at 11:59
Respected Sirs,
I have seen Respected sir Makkar opinion at below thread:
http://www.lawyersclubindia.com/experts/Is-it-necessary-to-Get-Probate-of-a-Will-In-Rajasthan--58796.asp#.VI0BDdKUdr0
Yes. It is mandatory in Rajasthan even.
Whereas Respected sir s.subramanian has opined at below thread:
http://www.lawyersclubindia.com/experts/Probate-of-Will-131021.asp#.VIzZetKUdr0
dear Bretheren,
I beg pardon for this belated reply. first of all,I would like to clarify that probating of wills is not compulsory at all under Sec.57 of the Indian Succession Act,if they are executed outside the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. So,if a will is executed in the places abovesaid the need for probating the same will arise. this has been explained very well in the judgment of the Supreme Court of India in Clarence Pais Vs Union of India (AIR 2001 S.C. 1151). A combined readng of Sec.57 and 213 of the Indian Succession Act would show that where the parties to the will are Hindus or the properties are not in territories falling under Sec.57 (a) and (b),Sec.213(2) applies and Sec.213(1) has no application. As a consequence,a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories.
With the amendment brought to the Indian Succession Act,1925 by the Indian Succession(Amendment )Act,2002 Act 26 of 2002 which came into effect on 27.5.2002, the wills executed by Indian Christians have also been taken outside the purview of Sec.213 of the IS Act. Hence there is no need for probating the wills of Muslims and Indian Christians. With regard to Hindus also the need for probate is limited to the areas set otu in Sec.57 of IS Act. Hope I clarified the issue.
thanks
S.Subramanian.
Opinion at below thread by Respected sir Sh Hemant Agrawal :
http://www.lawyersclubindia.com/forum/Registered-Will-is-probate-must-10323.asp#.VVb7Prmqqko
4. The issue of "Probate" is a state law AND in some states, the state govt's have exempted the probation of "will" (eg. rajasthan). However all the "presidency towns" of India, have to compulsorily "probate" the will for execution purposes (eg. Bombay, Delhi, Madras, Calcutta etc...)
So please guide whether it is mandatory or not to get will probated in Rajasthan.
rahuldas
23 May 2015 at 11:16
Respected Sirs and Madams,
I am Das from Bangalore. I want to thank you in advance for your kind expert advice.
I am facing a criminal trial. My cross examination is scheduled on Monday.
1. What will be the scope of cross examination?
2. Can PP ask anything from the case or only from my chief.
3. Under what circumstances my lawyers should object? He is a relatively junior lawyer.
Can you also refer me to good but not very expensive lawyer in Bangalore for argument stage.
Sincerely
Das
laxman rohit
23 May 2015 at 11:12
I have a case in which 3 nephews of deceased(aunt of the accused i.e."Bua" a patient of diabeties low BP and high BP since 15 year accused knows very well) entered in deceased house and start beating to her family member consecuently she died. Doctor's report saying she died because of heart attack police register FIR u.s.304/34 of IPC but now investigatin officer saying in the court "i am investigating about the case" and he is not submitting chargesheet or closer report, investigation has been going on since 6th june 2014 even I have filed a complaint against him in the MM court.
what should i do?
arun kumar
23 May 2015 at 09:59
Sir,
One of my neighbor who is joint owner of a flat in co operative society seeking information on following points.
1) He is a Nepali who since his childhood working as a maid in the house of first owner who is a Parsi. After his marriage the first owner had purchased this flat and registered the documents jointly, in which Parsi being the first and Nepali being the second owner.
2) As the flat is in exclusive use of the second owner i.e. Nepali & The first owner is willing to transfer his share in the name of second owner i.e. Nepali. The first owner had made an RELEASE DEED in favour of the second owner.
3) The society is now objecting stating that this cannot be processed as both are from other religions and the release deed or gift deed can be issued to a person who is in blood relation.
Please provide remedy.
Sashi Kumar
23 May 2015 at 05:00
A Plaintiff (second party) filed suit for money recovery. The notice filed in court has one of the clause of the sale agreement altered. Below is the original clause & the altered clause by the plaintiff.
HERE IS THE ORIGINAL CLAUSE FROM THE SALE AGREEMENT:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party.
HERE IS THE SAME CLAUSE MENTIONED IN THE COURT NOTICE - SEE LAST LINE WHICH WAS ADDED BY PLAINTIFF:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party. The second party shall have right to Specific performance through court of law.
Can this be used against the plaintiff for misguiding the court and defrauding the defendant?
Is this considered as criminal act?
How can we use this against the plaintiff.
Kushal
23 May 2015 at 00:19
My company is a private limited company. Since the share capital is Rs. 15,00,000 which is less than Rs. 50 lakhs and the profit for the last year is less than Rs. 2 crore, it fits within the definition of Small Company u/s 2(85) of the Companies Act, 2013. Now, I want to raise the authorized share capital to Rs. 1 crore. As per the Fees Table, a Small Company is liable to pay Rs. 2,000 upto share capital of Rs. 10 lakhs and Rs. 200 per Rs. 10,000 after the first Rs. 10 lakhs and upto Rs. 50 lakhs. However, since the revised authorized share capital would be Rs. 1 crore which exceeds the limit of Rs. 50 lakhs, I am confused if the company would be considered as a small company for this particular transaction or not. Accordingly, the RoC fees would vary. This is because a normal company has a different fees schedule and charged heavily, whereas a small company has exemptions due to which the fees charged is negligible. Hence, I want to know that what will be the RoC fees payable on e-filing of Form SH-7?
rajan chopra
23 May 2015 at 00:12
Sir after being convicted in a cheque bounce case the accused preffered an appeal before session court.I instructed my counsel not to compromise and contest the appeal on merit. Now the case is at argument stage. I have come to know from court web site that the case is listed for arguments and there is zimni order stating that counsel for parties have stated that there is a compromise between parties and now the case is fixed for compromise on next date.What I can or i should do at this stage to save my interests?
Mahesh Prajapati
22 May 2015 at 23:12
for a pagdi chawl room, there is a dispute among two brothers who are now settling the issue among themselves. But now the landlord is asking for 5 lakh to transfer the name on the receipt. Is it legal for her to demand money? is there any way out?
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Voice recordings
Hello Sir,
One of my previous queries remain unanswered.
Does voice recordings over mobile phone help us in filing/winning criminal cases ( Cheque bounce case).
I have one voice recording of a person to whom I have lended money and that person agreeing that he took my money and now talking in abusive wording.
Does that voice recording help me in anyway in court case filing/arguing and winning ?
Please help me.