Sec.57 and 213 of INDIAN SUCCESSION ACT - in A.P. No probate is necessary for joining as legal heir under Will - Trial court dismissed the I.A. - their lordships held that 1) It is not necessary for the executor or legatee of a Will to obtain Probates of the Wills in the State of Andhra Pradesh (Also in the Telangana State after its formation). (2) For considering an application to come on record as the legal representative of a deceased party, the Court need not undertake a roving enquiry on the validity of the Will(s). A summary enquiry into the claim of execution of the Wills is enough for the Courts to permit a person who claims to be the legal representative of the deceased party to come on record for the limited purpose of continuing the proceedings. (3) The burden lies on the executant or legatee to prove the Will(s) propounded by him in the suit or final decree or other proceedings, as the case may be, as per the provisions of Chapter V of the Indian Evidence Act, 1872, if he asserts any right over the property of the party based on the Will(s) after his coming on record. The Civil Revision Petition is accordingly allowed - 2015 A.P.(2014)msklawreports

Sec.57 and 213 of INDIAN SUCCESSION ACT - in A.P. No probate is necessary for joining as legal heir under Will - Trial court dismissed the I.A. - their lordships held that 1) It is not necessary for the executor or legatee of a Will to obtain Probates of the Wills in the State of Andhra Pradesh (Also in the Telangana State after its formation). (2) For considering an application to come on record as the legal representative of a deceased party, the Court need not undertake a roving enquiry on the validity of the Will(s). A summary enquiry into the claim of execution of the Wills is enough for the Courts to permit a person who claims to be the legal representative of the deceased party to come on record for the limited purpose of continuing the proceedings. (3) The burden lies on the executant or legatee to prove the Will(s) propounded by him in the suit or final decree or other proceedings, as the case may be, as per the provisions of Chapter V of the Indian Evidence Act, 1872, if he asserts any right over the property of the party based on the Will(s) after his coming on record. The Civil Revision Petition is accordingly allowed - 2015 A.P.(2014)msklawreports

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Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the powers of natural guardian of a Hindu minor and the said section mandates that the natural guardian has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate, etc. The provision reads as follows: Sec. 8 . Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor; or (b) lease any part of such pro...
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