Chennai Civil Lawyer

An affidavit is a statement in writing of facts made on oath for submission in legal proceedings or for official purpose, such as, issue of duplicate ration card. An affidavit for legal proceedings is to be affirmed or sworn before an officer of the court who is empowered to perform such task, and court-fee stamps as prescribed are to be affixed on such affidavits. An affidavit for official purpose is to be affirmed or sworn before a Notary, and is to be made on non-judicial stamp paper. A Notary is a legal practitioner appointed as ‘notary’ by the Central Government or the State Government under the Notaries Act 1952 to perform specified functions, including, to ‘verify, authenticate, certify or attest the execution of any instrument’. The Oaths Act 1969 deals with ‘the law relating to judicial oaths and for such other purposes.’ ESSENTIALS of an affidavit : • it should be in writing; • it should contain the name, age, address and nationality of the maker; • it should be divided into...

When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what. To do this you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left. If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'. However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'. The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use. Probate is the same for everyone in India, but if you live in metropolitan cities it's called 'confirmation'. Put simply, and in order, the executor's job...

The is a general question in the minds of the people that what are the properties are subject to be disposed by a Will. The Following properties can be disposed by a person by a way of Will.  (1) A person may dispose by will of property to which he or she is entitled at the time of his or her death.  (2) A person may dispose by will of property to which the personal representative of that person becomes entitled by virtue of the office of personal representative after the death of that person.  (3) It does not matter if the entitlement of the person or of the personal representative did not exist at the date of the making of the will or at the date of death.  (4) "Property" includes - (a) any contingent, executory or future interest in property; and (b) any right of entry or recovery of property or right to call for the transfer of title of property.  (5) A person may not dispose by will of property of which the person was trustee at the time of death...

Today we receive queries from many persons that how should a will be executed. How to make a valid will. If a will written by them will became invalid after their death.  What are the things to make a valid will. (1) A will is not valid unless - (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and (b) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (c) at least two of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other).  (2) The signature of the testator must be made with the intention of executing the will; but it is not essential that the signature be made at the foot of the will.  (3) It is not essential for a will to have an attestation clause.  (4) Where a testator purports to make an appointment by his or her will in the exerc...

Law provides minimum two witness should subscribe the Will, to have a valid Will two witness is needed. Is it necessary that there be two witnesses? It appears that there is more than one reason for this safeguard. First, there is greater likelihood of at least one witness still being available at the time of application for probate should evidence as to the circumstances of the will-making be required.  Second, the rule requiring two witnesses provides a greater safeguard against forgery and undue influence than would a rule requiring only one. There has been a call for a provision to include the recognition of 'self-proving' wills whereby the signing of the will is notarised by one person of appropriate standing. Assuming the formalities of notarisation are carried out correctly, testamentary intention could be presumed. Two witnesses present at the same time: The requirement that both witnesses are simultaneously present at the time the testator signs (or acknowledges his...

A will which is executed in accordance with this Act is validly executed even if a witness to the will did not know that it was a will. Publication of will not requisite - Every will executed in manner herein before required shall be valid without any other publication thereof. 'Publication' means that the witnesses need to know that the document is a will, and is achieved by the testator making a declaration in the presence of the witnesses that the document produced for signing is a will. This requirement was replaced by the requirement that the will be attested by two witnesses. Where a testator signs his or her will in the presence of witnesses, and does indicate the purpose of the document, it is not necessary for the witnesses to know the contents of that will.  The law require any knowledge on the part of the witnesses that they are witnessing the signature of the testator to his or her will. In circumstances where the witnesses are not aware that the document is a wi...

Succession : The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person. The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons. Succession certificate  is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession. Object of succession certificate : Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner. Jurisdiction of Court: Question of Jurisdiction is essentially linked up with residence of d...