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Showing posts from April, 2024

Legal Updates

  ·        The Bombay High Court in the matter of Kunal Kamra v. Union of India & Connected Matters., has held the proposed Fact Check Unit under the 2023 amendment to the Information & Technology Rules 2021 directly infringed fundamental rights provided under Article 19(1) (g) of the Constitution of India, 1950 (COI) due to the differential treatment between online and print content. ·        Recently, the Bombay High Court in the matter of XYZ & ABC v. Union of India has held that reproductive health is a facet of personal liberty under the provisions of Article 21 of the Constitution of India, 1950 (COI). ·        The Supreme Court in the matter of Rupashree H. R. v. The State of Karnataka & Ors., has held that the right to defend oneself is a fundamental right under the Constitution of India, 1950 (COI). ·        The Madras High Court in ...

Will Under Indian Law - 1

  Kindly refer Part 1 https://adityalaw.blogspot.com/2024/03/will-under-indian-law.html 11.Witnesses:- Witnesses must possess the capacity to act as Such. Because an attesting witness must be capable of physical and mental presence when the tesator signs the Will. Blind persons and persons of unsound mind cannot be competent witnesses. It is important to note that a beneficiary or his/her spouse should not witness a Will "Benefit" includes the benefit of a charging clause given to an executor. It is normal to include such a clause in a Will appointing a professional executor, for example, an Advocate. ln such a case the Advocate/Executor shall not act as a witness. It is advisable, non-beneficiary witnesses alone shall sign on the Will. 12.Choice of Executors:- The choice of appointing an executor depends upon the settled views of the testator. Appointing an executor's depends on several factors. The size and nature of the estate. If the estate is small or when ...