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.

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

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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) CasesNo Comments
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].