Will probate

Querist : Anonymous (Querist) 11 January 2012 This query is : Resolved

A will was probated in Singapore. The will covers some shares in a demat account in india. The DP wants the authority of an indian court? What course of action is to be adopted to give effect to the will in respect of the shares held in demat accout in India.? Would our experts please guide"

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Devajyoti Barman (Expert) 11 January 2012
Foreign decisions are binding in India as well under section 13 of CPC..

Civil Procedure Code, 1908: Section 13.

Section 14-Presumption as to foreign judgments-
Expression ‘‘Certified copy of a foreign judgment’’-Should
be read consistent with requirement of Section 86 of Indian
Evidence Act.
Indian Evidence Act, 1872. Section 41-‘‘Competent
court’’Section 63(1)(2), 65(e)(f), 74(1)(iii), 76, 77 and 86.

Do consult with the Service Provider to complete the formality.

Raj Kumar Makkad (Expert) 12 January 2012
I do agree with the advice already provided.

Advocate. Arunagiri (Expert) 12 January 2012
I agree with Mr.Barman.

V R SHROFF (Expert) 12 January 2012
I agree with Mr.Barman.

Sailesh Kumar Shah (Expert) 12 January 2012
I also agree with Mr.Barman.

Deepak Nair (Expert) 12 January 2012
I have no reason to differ.

Querist : Anonymous (Querist) 13 January 2012
Sirs,

Sec.14 of CPC and S.81 of Indian Evidence Act relate to presumption of facts in a judicial proceeding. Is a private person/entity under any legal obligation to recognize/give effect to a foreign judgment.

Raj Kumar Makkad (Expert) 15 January 2012
There is a separate chapter to deal with the judgments passed by foreign courts. Any individual can initiate action only under those provisions of CPC.

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