Unit 4 of Drafting, Pleading and Conveyancing – II (syllabus: Module IV — will and codicil, heirship certificate, probate and succession certificate, guardianship application, adoption under the Juvenile Justice Act 2015, and RTI application, reply and appeal). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Who may make a will, and how is an unprivileged will executed?
- What clauses does a will contain, and when is a codicil used instead?
- What is a legal heirship certificate, and what are its limits?
- What must a petition for probate state, and how is it verified?
- When is a succession certificate sought instead of probate, and what must the application contain?
- What must a petition to be appointed guardian of a minor contain?
- How is an adoption effected under the Juvenile Justice Act, and how does that differ from an adoption among Hindus?
- What are the three RTI documents, and what is the timeline each of them turns on?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Indian Succession Act 1925, s. ss. 2(h), 57, 59, 61, 63, 65-66 and 70
- Indian Succession Act 1925, s. ss. 2(b), 63, 70, 213 and 222
- Indian Succession Act 1925, s. the Act is silent; the certificate is issued administratively by revenue officers
- Indian Succession Act 1925, s. ss. 2(f), 222, 223, 237, 276, 280, 281 and 282, with ss. 212-213
- Indian Succession Act 1925, s. ss. 370, 371, 372, 373-374, 375, 376 and 381
- Guardians and Wards Act 1890, s. ss. 7, 8, 9, 10, 11, 12, 17, 19, 29, 31 and 34, with Hindu Minority and Guardianship Act 1956, ss. 6, 8 and 13
- Juvenile Justice (Care and Protection of Children) Act 2015, s. ss. 38, 56, 57, 58, 61, 63, 64 and 68, with Hindu Adoptions and Maintenance Act 1956, ss. 6, 7, 9, 15 and 16
- Right to Information Act 2005, s. ss. 2, 5, 6, 7, 8, 9, 10, 11, 19 and 20
Leading cases
- Lynette Fernandes v Gertie Mathias