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Showing posts from January, 2025

NOTARIZATION IN INDIA(Top Notary Services in Delhi)

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  A notarised Will is a legal document, representing a person’s wishes about the distribution of their property after their demise, which has been authenticated by a Notary Public. A Notary Public is a neutral third party authorized by the government to perform legal formalities, including verifying the identity of the parties involved and their understanding of the document. The process of notarisation provides a layer of validation and trust to the Will. Admissibility of notarized affidavits as evidence. According to Section 139 of the Code of Civil Procedure, any affidavit verified by the Notary is admissible as evidence. Correspondingly, Sector 297 of the Code of Criminal Procedure provides for the admission of affidavits verified by the Notary. Can a notarised Will be challenged? The answer, contrary to popular belief, is yes. Despite the authentication of a Notary Public, a notarised Will can still be challenged in court under certain circumstances, such as: If there’s a susp...

CRUCIALITY OF ESTATE PLANNING FOR NRI’S

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As the number of Non-Resident Indians (NRIs) living and working abroad continues to rise, concerns around NRI estate planning and asset succession have also increased proportionally. With complex cross-border tax and inheritance laws involved, proper NRI estate planning is essential for NRIs looking to pass on their assets smoothly to their heirs in India. In a world where the Indian diaspora is spread far and wide, managing assets and properties across borders becomes a crucial aspect for Non-Resident Indians (NRIs). Beyond the emotional and financial ties that connect them to their homeland, NRIs face the challenge of navigating complex inheritance laws when it comes to managing their estates. Property Consultant Website | property registration in gurgaun | Top Lawyers For Property Case in Delhi The Role of a Well-Crafted Will Wills are indispensable for NRIs, securing their legacy and assets regardless of their residence. Estate planning is an ongoing process; keeping the will curre...

'Will Is Validy Executed’ Doesn’t Mean ‘Will Is Genuine’(Delhi Lawyers For Wills / Trusts)

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On January 3, 2025, the Supreme Court of India issued a significant ruling addressing the distinction between the valid execution of a Will and its genuineness. The Court observed that proving the execution of a Will as per Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, does not automatically establish its genuineness. This decision arose in the case of   Lilian Coelho & Ors. v. Myra Philomena Coalho . [1] Mutation Of Property In Delhi Ncr | Best Delhi Lawyers For Succession Certificate | Best Delhi Lawyers For Wills / Trusts Case Background Myra Philomena Coalho (plaintiff) filed a petition seeking Letters of Administration (LOA) for the Will of her deceased mother, Mrs. Maria Francisca Coelho. The Single Judge Bench of the Bombay High Court held that the Will was validly executed but dismissed the suit, citing suspicious circumstances surrounding the Will. The Division Bench overturned the Single Judge’s findings, stating that ...

Understanding Probate: A Complete Guide to Will Execution and Legal Processes

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Will   is a legal document that specifies the person’s intention and wishes, which needs to be performed after his/her death. The maker of the will is known as the   testator/testatrix , and it can be revoked only during his/her lifetime whereas a  Probate   is defined under the   Indian Succession Act ,   1925   as – “ A copy of will certified under the seal of the court of competent jurisdiction with a grant of administration of the estate of the testator ”. Mutation Of Property In Delhi Ncr | Best Delhi Lawyers For Succession Certificate | Best Delhi Lawyers For Wills / Trusts The person who makes a will expresses his wishes to be executed after his death by certain persons named in the will. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. It is necessary if the will is for immovable assets in multiple states. Probate is conclusive proof that the will was executed validly...