Conversion of a Probate Petition into a Civil Suit Does Not Alter Its Purpose

Posted inWill & Related MattersNo Comments
Even when a probate petition is converted into a civil suit under Section 295 of the Indian Succession Act, 1925, the scope of enquiry continues to remain confined to that of a probate court and does not assume the character of a regular civil suit, under the Code of Civil Procedure, observed Kerala High Court in P. Lakshmikutty Amma & Ors. v. V.K. Indira & Anr.

Condonation of Delay in Appeals: Principles to be Followed by Courts

Posted inLimitation Act and Condonation of DelayNo Comments
To ensure substantial justice, Section 5 of the Limitation Act serves as an equitable exception. It empowers a court to admit an appeal or application (except execution proceedings under Order XXI of the CPC) after the limitation period has expired, provided the appellant satisfies the court that they had "sufficient cause" for the delay.

Lapse of a Bequest under a Will and Its Exception for a Predeceased Child or Lineal Descendant

Posted inWill & Related MattersNo Comments
A bequest under a Will is, in essence, a gift that is intended to take effect only if the legatee is alive to receive it. As a rule of testamentary construction, if the person named to receive a legacy does not survive the testator, the gift cannot take effect in his favour but it would normally "lapse". This is provided as the general rule in Section 105 of the Indian Succession Act, 1925 ("the Act"), which applies to all testators other than Muslims.

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

Posted inWill & Related MattersNo Comments
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 AttorneyNo Comments
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.