“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]
1 year, 4 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]

Live Law  

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925? Q.58 When were Indian Christians excluded from the operation of Section 213 of the Indian Succession Act, 1925? In the case of Indian Christians in Kerala, the above mandate under Section 213 of the Indian Succession Act to have the Will probated etc. Therefore, a Kerala Amendment to the Indian Succession Act as the INDIAN SUCCESSION ACT, 1996 was enacted in its application to the State of Kerala by inserting the word “Indian Christians” also in Section 213 along with Muhammadans so as to dispense with the necessity of complying with the mandate of Section 213 Cr.P.C with effect from 14.03.1997. Subsequently, the Parliament also fell in line with the State Legislature of Kerala by bringing the INDIAN SUCCESSION ACT, 2002 with effect from 27.05.2002 exempting Indian Christians throughout the country also from the necessity of applying for Probate or Letters of Administration.

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History of this topic

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
5 days, 3 hours ago

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

Live Law  

The Supreme Court today again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956. The Court referred to the Kamla Neti v. LAO judgment where it was noted that “it is high time for the Central Government to look into the matter and …

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes
Trending News
5 days, 3 hours ago

Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

Live Law  

The Supreme Court today again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956. The Court referred to the Kamla Neti v. LAO judgment where it was noted that “it is high time for the Central Government to look into the matter and …

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia
7 months, 3 weeks ago

SC seeks government’s response on non-believer’s plea to be governed by secular law, not Sharia

The Hindu  

The Supreme Court on April 29 sought the Union Government’s response to a petition filed by a Kerala-based woman, who said she, though born a Muslim, is now a non-believer, and should be governed by the secular statutes rather than the Sharia law. Mr. Padmanabhan submitted that the Supreme Court has already underscored the “fundamental postulate of secularism which treats …

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC
9 months, 3 weeks ago

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC

Live Law  

The Allahabad High Court has held that no appeal lies under Section 299 of the Indian Succession Act, 1925 against an order rejecting amendment application in petition filed under Section 278 of the Act of 1925. The Court held that since Order 43 Rule 1 of CPC does not provide a remedy of appeal against orders passed under Order 6 …

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court
1 year ago

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

Live Law  

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388 of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act. The proviso to sub­section creates an exception …

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
1 year, 1 month ago

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope

Live Law  

The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 2 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court
1 year, 3 months ago

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.Section 371 prescribes that District. …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 5 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

Q.51 What are the modes of revocation of an unprivileged Will or codicil? Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or co dicil No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]
1 year, 8 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Live Law  

Q.6 What is meant by saying that “a person died intestate”? Testamentary succession means the succession of a person’s property after his death in accordance with the prescriptions of a “Will and testament” executed by him. Q.9 Which part of the Indian Succession Act, 1925 deals with testamentary succession? Part VI of the Indian Succession Act deals with testamentary succession. …

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court
2 years, 7 months ago

A Mahommedan Can't Execute Will For More Than 1/3rd Share Of His Property Without Consent Of All Legal Heirs: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently held that a Mahommedan cannot by Will dispose of more than a third of his estate, after payment of funeral expenses and debts. Justice Narendra Kumar Vyas observed that the following conditions must be filled up for a valid will to be executed by Mahomedan: A bequest may be executed by any Muslim to …

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court
2 years, 10 months ago

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14 of the Act. "The objective of …

Will executed by a Muslim does not mandatorily need a probate
4 years ago

Will executed by a Muslim does not mandatorily need a probate

Live Mint  

My maternal grandfather had inherited some property from his father. —Name withheld on request Assuming you are Hindu by faith, note that Hindu law recognizes two classes of property, joint family property or HUF; and separate property. If the property is joint family or HUF property, it must be shown that your late grandfather or great grandfather waived separate rights …

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