Common Law

The position of Law in respect of Probate of Wills / Letters of Administration Whereas, there was lot of confusion in my mind, as to whether it is necessary to obtain Probate of the Will / Letters of Administration, so as to transfer the property acquired by a legatee; and whereas, Managing Committee of Cooperative Hsg Societies (in Mumbai) exercises complete discretion and has a general tendency to ask for Probate of the Will / Letters of Administration, to effect transfer of interest in the Shares of the deceased member, in the name of the beneficiary named in the Will; I thought it, a fit subject to dwell upon and to find out the position of law in this regard, and I have come to the conclusion that Probate of the Will / Letters of Administration is required only in certain circumstances, as indicated in Section 213(1) of the Indian Succession Act, 1925. At the outset, I crave leave to throw light on the law of testamentary succession as contained in India

1.       The other day my cousin, over fone, got annoyed at habitually no reply received from Society about the complaints made to the Society. My cousin said, what to do if the Society doesn’t reply. I said – move the court. My cousin said – the courts will take 10 to 15 years to decide, what’s the point in going to the court. I said, people are erroneously, firmly holding the belief that “Court matters” takes yeeeeeeeears to conclude. It is not completely the correct situation. The annoyance over the mass general ignorance, over the true state of affairs, draws me to write this piece. 2.       The Indian legal justice system, may broadly be divided into Civil Courts and Criminal Courts, apart from Revenue Courts and other Courts. The proceedings in Civil Courts are regulated by Civil Procedure Code (CPC), 1908 and proceedings in Criminal Courts are regulated by Criminal Procedure Code (CrPC), 1973. 3.       Both CPC and CrPC provides for two kinds of procedures – One is r

Can Courts / Tribunals be compelled to pass meritous orders / judgments (in case if they don’t passes) ? Perhaps..... 1.   Before dealing with the aforesaid proposition, let me first try to define what is meant by passing of “Meritous orders / judgments”. In my mind, it may mean – While giving due consideration to the submissions and evidences on record of the rival parties, to record a finding with respect to disputed question of fact or of law; Employing cogent reasons about the conclusion reached in the order / judgment. Passing of orders in accordance with law. Principles of natural justice are reasonably observed in the judicial proceeding. 2.   The orders of the Court are generally challenged in Appeal or in Revision, alleging the impugned Order, being infected with – Perversity; and / or Illegality, i.e. not in accordance with law; and / or In breach of principles of natural justice 3.    The perversity of the order impl

 Under the law, three distinct actions could be brought for the recovery of specific immovable property, namely – A Suit based title by Ownership; A Suit based on possessory title; A Suit based on the strength merely of previous possession, in the case of a wrongful ouster, i.e. without following the due process of law, of a person without his consent. Section 5:               I.      When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy;            II.      Where a person’s title is not in dispute but he is out of possession, he has to sue for possession and consequential injunction;          III.      Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, it is sufficient to sue for an injunction simpliciter. Anathula Sudhakar versus P Buchy Reddy – AIR 2008 SC 2033 (2039)