Court Fee For a Probate Petition in Kerala : Kerala High Court Clarifies

Posted inWill & Related Matters
In K.G. Sunil Krishnan v. K.G. Premsankar (2022), the High Court of Kerala clarified the difference in the payment of court fee for a probate petition in Kerala. The court held that whenever an application for probate or letters of administration is filed, it must be accompanied by a valuation statement of the estate in the form set out in Part I of Schedule III of the of the Kerala Court-Fees and Suits Valuation Act, 1959, with the court fee paid under Article 6 of Schedule I.

Power Of Attorney Executed Abroad Must Be Registered to Sell Property In India

Posted inPower of Attorney
The Kerala High Court, in Inspector General of Registration and Anr. v. Muhammed and Connected Matter (2022), has held that a power of attorney (PoA) executed by a person residing abroad in favour of a person in India relating to an immovable property, must be compulsorily registered under Section 17(1)(g) of the Registration Act, 1908, before using it to sell the property in India.

A Multi-Page POA Signed Only on the Last Page Provides Partial, Not Full, Validity

Posted inPower of Attorney
Where a power of attorney is not signed on its first two pages, those pages remain unauthenticated by the principal and cannot, by themselves, be treated as a validly executed part of the power of attorney. The third page, being duly signed, is valid only if it independently confers the requisite authority upon the agent, without relying on the content of the unsigned pages.

Protection under Section 50 of NDPS Act Applicable Only to Personal Search

Posted inNarcotics (NDPS) Cases
The protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 — to be searched in the presence of a Gazetted Officer or a Magistrate — would be available during the personal search of an accused and does not extend to searches where the accused was carrying a bag, container, or any other object. [Mehboob Shah v. State of Madhya Pradesh: 2026:INSC:729].

Post-Divorce Remarriage During Appeal Period Does Not Render It Void

Posted inFamily, Marriage & Divorce
In Lila Gupta v. Laxmi Narain & Ors [1978 AIR 1351], the Supreme Court held that a marriage contracted in violation of the (then-existing) proviso to Section 15 of the Hindu Marriage Act is not void, since the legislature had not expressly declared it to be so, even though it made no provision for legitimating the offspring of such a marriage.