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.
harmendersingh
20 May 2015 at 09:36
Experts,
I have a query regarding the recent judgment of Hon. Supreme court dated 17.03.2015 quashing Gazette notification No. 63 dated 04.03.2014 thus set aside OBC quota for jats in 9 northern states.
But the case of rajasthan is special as except bharatpur and dhaulpur districts jats of rajathan are in OBC list since sept 1999.
So i request you to please clarify what is the present status of Jat of rajasthan.
Thank you
Raanjkumar
18 May 2015 at 12:51
sir, I have given my flat on lease alongwith 1 open parking alloted to me by society. I also have 1 more stilt parking owned by me, which I have allowed another member to park his car.I do not stay in the same society.
My question:
Can the society object in any way, and or disallow me from entering the building and use the stilt parking in future ?
Advocate.S.A.Siddiq
18 May 2015 at 09:45
Guardianship order obtained by fraud and concealed - after 12 years respondent of GWOP filed section 5 petition with setaside petition
In sec.5 petition - RW1 & RW2 examined and cross examined- now respondent side filing IA petition u/s 151cpc for examine the junior bailiff of the court -
Without allowing the Sec.5 petition , Is this proceeding is correct ?
R.Ramesh
18 May 2015 at 09:14
Dear Sir,
In salary break-ups Basic,HRA,Convenience and Medical Reimbursement or Medical Allowance these components are mandatory as per law or not.
Thanking you,
Ramesh
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Mortgage of property exceeded more than 30 years
Dear Sirs
A has mortgaged 2 plus acres of land for ten thousand rupees to B ,in Tamil Nadu on 30th May 1985 , (and 30 years completed) which is not redeemed till date and no money or payments are received either as interest or the amount taken.
Please advice which rules are applicable and which magistrate court the complaint has to be lodged in order to get the eligible money back or Property mortgaged can be taken over by B from A.
thanking you
raj