Wills need to be proven to S63 of Succession Act and S68 of Evidence Act

In Ramesh Chand (D) Thr.Lrs vs Suresh Chand decided on 1 September 2025, the Court held that wills must be proven strictly to section 63 of the Succession Act, 1925 and section 68 of the Evidence Act, 1872. Mere registration does not validate it.

A bench of Justices Aravind Kumar and Sandeep Mehta dealt with the case wherein the plaintiff claimed title through a GPA, Agreement to Sell, Affidavit, Receipt, and a registered Will, alleging that one of the defendants was a trespasser who later sold half the property to another defendant. Defendant denied this, asserting an oral transfer in 1973 and sought to declare the plaintiff’s documents invalid.

The Supreme Court held that GPA/Agreement to Sell transactions do not create ownership rights, reaffirming the principle laid down in Suraj Lamp & Industries (P) Ltd. v. State of Haryana, and further clarified that title in immovable property can pass only by a registered sale deed. Furthermore, the requirements under the Succession Act and Evidence Act must be fulfilled. 

The Court also deliberated upon the scope of section 53 and 54 of the Transfer of Property Act, 1882. The Court reaffirmed that under Section 54 TPA, only a registered sale deed conveys ownership of immovable property. These documents, at most, grant the buyer the right to demand specific performance of the agreement. Therefore, until a legally executed and registered conveyance deed is made, ownership stays with the transferor. This restricts the use of the part-performance defence under Section 53A TPA to situations in which the transferee has possession.

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Junior Associate Jobs in Kolkata (0–1 Yrs PQE) | ARMS Legal and Associates – Litigation & Research

Junior Associate Jobs in Kolkata (0–1 Yrs PQE) | ARMS Legal and Associates – Litigation & Research

About the Organization

ARMS Legal and Associates is a growing litigation-focused law firm based in Kolkata. Known for its client-centric approach and robust litigation practice, the firm offers a dynamic and learning-oriented environment for young lawyers. With an emphasis on litigation and legal research, ARMS Legal and Associates provides practical exposure and mentorship to junior associates, helping them develop a strong professional foundation in law.

Location

  • Kolkata, West Bengal
  • Work from office with active court exposure

Position Available

  • Junior Associate
  • Number of Vacancies: 2
  • Job Type: Full-time

Duration

  • Permanent role with structured litigation exposure

Deadline to Apply

  • 30th August 2025

Mode of Work

  • Work from office + court exposure

Eligibility Criteria

Candidates should meet the following requirements:

  • Fresh law graduates or final-year students eligible to practice law
  • Strong research, drafting, and communication skills (preferred)
  • Keen interest in litigation and legal research
  • Commitment, detail-orientation, and eagerness to build a strong foundation in litigation practice

Salary

  • Paid position
  • Final compensation to be discussed during the interview

Key Responsibilities

The selected candidates will gain practical exposure by handling a mix of research, drafting, and litigation work, including:

  • Drafting legal documents, pleadings, petitions, and research notes
  • Assisting senior lawyers in litigation strategy and case preparation
  • Attending courts and supporting in hearings, filings, and submissions
  • Participating in client meetings and consultations
  • Handling administrative and documentation support for litigation matters

Skills Required

  • Legal research and analytical thinking
  • Drafting skills with attention to detail
  • Oral and written communication abilities
  • Team collaboration and professional discipline
  • Interest in litigation as a long-term career path

Why Join ARMS Legal and Associates?

Joining ARMS Legal and Associates is an excellent opportunity for law graduates who wish to start their careers in litigation. Benefits of this role include:

  • Direct exposure to courts and live litigation practice
  • Learning under the guidance of experienced litigators
  • Hands-on drafting and client interaction from the very beginning
  • Structured growth in litigation and legal research
  • Opportunity to build strong professional skills and credibility

Application Process

Interested candidates should follow the steps below:

  1. Prepare an updated CV highlighting academic background and litigation exposure (if any)
  2. Send your CV to armslegalandassociate@gmail.com
  3. Use the subject line: “Application – Junior Associate (Kolkata)”
  4. Applications must be submitted on or before 30th August 2025

Career Growth at ARMS Legal and Associates

This role is not just an entry-level job but a stepping stone toward a long-term career in litigation. Junior Associates will get to:

  • Participate in real-time case preparation and litigation strategy
  • Enhance drafting skills through constant guidance and feedback
  • Interact with senior lawyers and clients, gaining professional confidence
  • Build a strong portfolio of Supreme Court, High Court, and lower court exposure
  • Develop a clear career trajectory in litigation with possibilities of future elevation within the firm

Work Culture

At ARMS Legal and Associates, emphasis is placed on teamwork, knowledge-sharing, and professional ethics. Associates are encouraged to think critically, approach cases innovatively, and grow both personally and professionally. The culture is designed to support junior lawyers in taking initiative while also providing strong mentorship.

FAQs

1. Who can apply for the Junior Associate position?
Fresh law graduates and final-year law students who are passionate about litigation and research are encouraged to apply.

2. Is prior litigation experience mandatory?
No, prior litigation experience is not mandatory. However, good drafting, research, and communication skills will be an advantage.

3. Will the role involve regular court visits?
Yes, Junior Associates will gain direct court exposure, including assisting in filings, hearings, and client coordination.

4. Is this a paid opportunity?
Yes, this is a paid position. Salary will be finalized during the interview process, based on the candidate’s performance and skills.

5. What is the last date to apply?
30th August 2025 is the deadline for applications. Early applicants may be given preference.


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