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2024-06-15T09:38:09
Advocate Satish S Rao
EXPERIENCED ADVOCATE FOR AFFIDAVIT AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT EXPLAIN WHAT IS AN AFFIDAVIT IN INDIA IS AND WHAT IT CONSISTS OFAn affidavit is a document that is used in India to certify the truth of a statement. It typically consists of a declaration made by the person who is signing it, and it can be used in a number of different legal contexts. In particular, an affidavit can be used to confirm the validity of a document, to provide proof that someone is who they say they are, and to verify the accuracy of information.An affidavit is a sworn statement or declaration in a legal proceeding, typically one made by a person other than the defendant or plaintiff. In Indian law, an affidavit is also known as an attestation. It can be used to establish the truth of certain facts in a legal proceeding. An affidavit can be used to support or oppose a claim or argument being made in court.EXPLAIN HOW AN AFFIDAVIT WORKS IN INDIA:An affidavit is a sworn statement made under oath in a court of law. In India, affidavits are commonly used to certify the truth of certain facts. An affidavit can be used to provide evidence in a legal case or to support a position taken in an argument.An affidavit can be written or oral. If it is written, the affidavit must be signed by the person making the statement and must include the person’s full name, address, and date of birth. If it is oral, the statement must be confirmed by an oath or affirmation before a notary public or other official authorized to take such oaths.An affidavit can contain any factual information that the person making the statement believes to be true. The information can be about anything that is relevant to the case or argument being made.WHEN DO YOU NEED AN AFFIDAVIT?Affidavits are generally needed in India when people want to prove something to a court or government body. This document is typically signed by the person who is making the claim and is sworn to be true. For example, an affidavit may be used to prove that someone is who they say they are or that something happened. There are a few different types of affidavits, and each one has specific purposes.There are affidavits of truth, which are used when someone wants to prove that what they are saying is true. An affidavit of truth is usually signed by the person making the claim and is sworn to be true. This type of affidavit can be used to prove that someone is who they say they are or that something happened.There are affidavits of identification, which are used when someone wants to prove their identity. An affidavit of identification usually requires the person making the claim to provide some form of identification, such as a driver’s license or passport. This type of affidavit can be used to prove that someone is who they say they are or that something happened.There are affidavits of occupation, which are used when someone wants to show that they have the qualifications necessary for a certain job or profession..HOW TO PREPARE AND SUBMIT AN AFFIDAVIT IN INDIA ? Affidavits are commonly prepared as declarations by witnesses in civil or criminal cases. They can also be used to prove identity or citizenship. In some jurisdictions, affidavits are also used to support applications for various forms of relief such as divorce or bankruptcy.The contents of an affidavit depend on the jurisdiction in which it is filed. However, the most common elements are a declaration that is signed under oath and a statement of facts.In India an affidavit may include declarations relating to your name, age, place of residence and occupation; as well as statements that you are of good character and have no criminal record. WHAT IS THE LAW OF AFFIDAVIT IN INDIA ? An affidavit is a legal paper that binds a witness under oath, holding the statements made by an individual as true and abiding the constitution under Rule 3 of order 19 of the Code of Civil Procedure. WHAT EVIDENTIARY VALUE OF AN AFFIDAVIT :Affidavit – evidentiary value. Unless Law recognizes proof of a fact by affidavit, affidavit evidence is inadmissible, say for instance, actual possession u/s 145 (4) Cr. P.C cannot be proved by affidavit.WHAT IS THE POWER OF THE AFFIDAVIT ?Affidavits are self-declaring written statements that are sworn or affirmed before relevant officials who have the power to administer an oath. Through an affidavit, the deponent (the person making the affidavit) declares that the facts provided therein are true to the best of his/her knowledge. DO WE NEED PHOTO FOR AFFIDAVIT?To make an affidavit for ID proof legally valid and enforceable, the affidavit has to be printed on a stamp paper and should be attested by a Notary Public. The deponent's photo must be affixed on the document and has to be duly signed by the notary.ARE AFFIDAVIT ADMISSIBLE IN COURT?Affidavits are legal documents and may be submitted as evidence in a court case. In criminal c

EXPERIENCED ADVOCATE FOR AFFIDAVIT AT AFFORDABLE AND REASONABLE RATES IN ANDHERI EAST NEAR METROPOLITAN MAGISTRATE COURT EXPLAIN WHAT IS AN AFFIDAVIT IN INDIA IS AND WHAT IT CONSISTS OF An affidavit is a document that is used in India to certify the truth of a statement. It typically consists of a declaration made by the person who is signing it, and it can be used in a number of different legal contexts. In particular, an affidavit can be used to confirm the validity of a document, to provide proof that someone is who they say they are, and to verify the accuracy of information. An affidavit is a sworn statement or declaration in a legal proceeding, typically one made by a person other than the defendant or plaintiff. In Indian law, an affidavit is also known as an attestation. It can be used to establish the truth of certain facts in a legal proceeding. An affidavit can be used to support or oppose a claim or argument being made in court. EXPLAIN HOW AN AFFIDAVIT WORKS IN INDIA: An affidavit is a sworn statement made under oath in a court of law. In India, affidavits are commonly used to certify the truth of certain facts. An affidavit can be used to provide evidence in a legal case or to support a position taken in an argument. An affidavit can be written or oral. If it is written, the affidavit must be signed by the person making the statement and must include the person’s full name, address, and date of birth. If it is oral, the statement must be confirmed by an oath or affirmation before a notary public or other official authorized to take such oaths. An affidavit can contain any factual information that the person making the statement believes to be true. The information can be about anything that is relevant to the case or argument being made. WHEN DO YOU NEED AN AFFIDAVIT? Affidavits are generally needed in India when people want to prove something to a court or government body. This document is typically signed by the person who is making the claim and is sworn to be true. For example, an affidavit may be used to prove that someone is who they say they are or that something happened. There are a few different types of affidavits, and each one has specific purposes. There are affidavits of truth, which are used when someone wants to prove that what they are saying is true. An affidavit of truth is usually signed by the person making the claim and is sworn to be true. This type of affidavit can be used to prove that someone is who they say they are or that something happened. There are affidavits of identification, which are used when someone wants to prove their identity. An affidavit of identification usually requires the person making the claim to provide some form of identification, such as a driver’s license or passport. This type of affidavit can be used to prove that someone is who they say they are or that something happened. There are affidavits of occupation, which are used when someone wants to show that they have the qualifications necessary for a certain job or profession.. HOW TO PREPARE AND SUBMIT AN AFFIDAVIT IN INDIA ? Affidavits are commonly prepared as declarations by witnesses in civil or criminal cases. They can also be used to prove identity or citizenship. In some jurisdictions, affidavits are also used to support applications for various forms of relief such as divorce or bankruptcy. The contents of an affidavit depend on the jurisdiction in which it is filed. However, the most common elements are a declaration that is signed under oath and a statement of facts. In India an affidavit may include declarations relating to your name, age, place of residence and occupation; as well as statements that you are of good character and have no criminal record. WHAT IS THE LAW OF AFFIDAVIT IN INDIA ? An affidavit is a legal paper that binds a witness under oath, holding the statements made by an individual as true and abiding the constitution under Rule 3 of order 19 of the Code of Civil Procedure. WHAT EVIDENTIARY VALUE OF AN AFFIDAVIT : Affidavit – evidentiary value. Unless Law recognizes proof of a fact by affidavit, affidavit evidence is inadmissible, say for instance, actual possession u/s 145 (4) Cr. P.C cannot be proved by affidavit. WHAT IS THE POWER OF THE AFFIDAVIT ? Affidavits are self-declaring written statements that are sworn or affirmed before relevant officials who have the power to administer an oath. Through an affidavit, the deponent (the person making the affidavit) declares that the facts provided therein are true to the best of his/her knowledge. DO WE NEED PHOTO FOR AFFIDAVIT? To make an affidavit for ID proof legally valid and enforceable, the affidavit has to be printed on a stamp paper and should be attested by a Notary Public. The deponent's photo must be affixed on the document and has to be duly signed by the notary. ARE AFFIDAVIT ADMISSIBLE IN COURT? Affidavits are legal documents and may be submitted as evidence in a court case. In criminal c

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2024-10-28T04:25:37
Advocate Satish S Rao
WHAT IS A WILL?A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.WHY DO YOU NEED A WILL?Four reasons why you need a will: A will makes it much easier for your family or friends to sort everything out when you die – without a will the process can be more time consuming and stressful. If you don’t write a will, everything you own will be shared out in a standard way defined by the law – which isn’t always the way you might want.  A will can help reduce the amount of Tax that might be payable on the value of the property and money you leave behind.  Writing a will is especially important if you have children or other family, who depend on you financially, or if you want to leave something to people outside your immediate family.
WHAT IS A WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executo...
2024-10-28T04:25:37 read more
2024-10-28T04:21:28
Advocate Satish S Rao
IS PROBATE MANDATORY :A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, a probate is optional. However, there is no restriction in law to get a probate of a Will, even if it is not mandatory.THE PROCESS TO GET PROBATE OF A WILL :1. As a first step, the administrator or executor appointed by the testator under the Will must approach the court with the application to receive the probate. While it is a common practice to appoint friends and family as the executors of the Will, as people may naturally trust them more, but there have been an increase in professional executorship, where a trained professional may take care of the administrative difficulties of getting a probate. However, in the absence of the executor being named in the Will, the legatees or the beneficiaries under the Will could also seek probate of the Will.2. In the application for a probate, the executors need to establish the following:a. Facts of death of the testator with proof, which is generally done with the help of a death certificate issued by the local authorities. b. The Will produced before the court is the last Will of the testator. c. The submitted Will was validly executed by the testator. 3. Once the application is submitted to the court, the court issues the notice to the next of kin to file their consent for the grant of probate, and the public at large to file objections to the grant of probate in favour of the executor named in the Will. 4. If objections are filed – called as “caveat application” – against the validity of the Will and grant of probate, both parties have to lead evidence for and against the grant of probate, and the case is decided accordingly. 5. There could also arise grounds challenging the validity of Will or grant of probate. The common grounds for challenging a Will are fraud, coercion, undue influence, suspicious nature, lack of due execution, lack of testamentary intention, lack of testamentary capacity, lack of knowledge, and forgery. 6. Since the probate is granted by a high court, one has to pay a court fee, based on the value of the assets, which are subject matter of the petition. The court fee varies from state to state. In the state of Maharashtra, depending on the slabs, it is subject to a maximum of Rs. 75, 000 while in Chennai, the maximum slab is Rs. 25, 000. If it is found that granting the probate would do justice to the intention of the testator, then the probate is granted to the executor under the seal of the competent court. This ensures the due execution of the Will, which to a great extent reduces the discrepancies and suspicions associated with a Will. A probate cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals.FEES / COST OF PROBATE OF A WILL?:For probate of will in Maharashtra you have to pay 5 percent of the assets which are claimed in WILL, as court fees for probate of will in Mumbai. Probate fees in Mumbai and rest of Maharashtra is same. However, the said fees are also subject to a ceiling of Rs. 75, 000/-.legal charges will be Rs50, 000 to Rs1. 50 lakhs depending upon the advocate and complications involved in your probate work.WHAT IS THE TIME LIMIT FOR PROBATE OF A WILL?Typically, there is no time limit to probate a will. However, in one case, the SC has stated that 30 years from knowledge of existence will. A probate for a will is required to be obtained only under circumstances ... limits, in so far as they relate to immovable property situate within those limits.
IS PROBATE MANDATORY : A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if...
2024-10-28T04:21:28 read more
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