Friday, December 26, 2014

Wills and Codicils - Register Your Will - Valid WILL

Wills and Codicils - Register Your Will - Valid WILL



A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.


Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate

Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate







Judgement

Citations: 2006-LAWS (GJH)-10-27 , 2007-GLR-1-277 , 2007-GCD-1-392

Appellants: Minaxiben Shashikantbhai Patel
Respondents: Dist. Collector

Court: High Court of Gujarat
Judges: Jayant Patel
Advocates: B.S.Brahmbhatt

Acts and Rules Cited: Succession Act, 1925, S.213,S.57,
Bombay Land Revenue Code, 1879, S.135D,

SUCCESSION ACT, 1925 - SECS. 57, 213 - COMPULSORY REQUIREMENT OF PROBATE - PETITIONER IS A HOUSE WIFE AND HER FATHER IN LAW PURCHASED THE PROPERTY IN GANDHINAGAR - EXECUTION OF WILL BY THE FATHER IN LAW OF THE PETITIONER - AS PER THE WILL, THE PROPERTY IS BEQUEATHED TO THE PETITIONER - CASE OF CLARENCE PAIS & ORS. (SUPRA) REFERRED - EVEN WITHOUT PROBATE, THE RIGHTS ACQUIRED BY THE EXECUTOR OR LEGATEE OF THE WILL CAN BE ESTABLISHED BEFORE THE COURT OR BEFORE ANY OTHER AUTHORITY WHICH IN THE PRESENT CASE IS THE REVENUE AUTHORITY - HELD - IMPUGNED COMMUNICATION MADE BY DISTRICT COLLECTOR SET ASIDE – PETITION ALLOWED

Thursday, December 11, 2014

Arbitration Clause & Consumer Forum-2000(5) SCC 294.

Existence of Arbitration clause is not a bar to reference to consumer forum. This was held by the Supreme Court in The Skypack Courier Ltd v. Tata Chemicals Ltd 2000(5) SCC 294.

Due service of Legal Notice is presumed -1992(1)SCC 647 / 1996 (7) SCC523


A notice is sent by registered post and is returned by postal endorsement " refused" or not available / home locked / shop closed / addressee not in station e.t.c is presumed to be duly SERVED.

The following are the case laws:-

1) Jagdish Singh V. Nathu Singh ( 1992) 1 SCC 647 .

2)State of M.P V. Hiralal and Others ( 1996) 7 SCC 523.

3)Alavi Haji V. Palapetty Muhammed 115 SCC

4.Thakunal & Others V. Charadas Rao 2009(1) MPHT 17 CG.

Friday, December 5, 2014

The validity of unilateral “hybrid jurisdiction” clauses has become less certain under French law | Norton Rose Fulbright

The validity of unilateral “hybrid jurisdiction” clauses has become less certain under French law | Norton Rose Fulbright



Unilateral hybrid jurisdiction clauses, or option clauses, are dispute resolution clauses granting to one contracting party the ability to choose between several jurisdictions before which an action may be brought to resolve disputes arising under the contract; while granting the other contracting party only the ability to bring an action before a single jurisdiction.