Probate of Will
Procedure for Obtaining Probate A petition for probate must be filed in court along with the will in question. It should contain the following facts. the time of the testator’s death that the writing annexed in his last will and testament that it was duly executed the amount of assets which are likely to come […]
Mediation In Divorce
The Concept & its efficacy of Alternative Dispute Resolution:– “It is the spirit and not the form of law that keeps the justice alive.” LJ Earl Warren. The concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non adversarial. A dispute is basically ‘lis inter […]
Marriage Registration in India
Once a marriage ceremony is over, the couples follow marriage registration process as per their state laws. For Christians, Muslims, Parsis, Jews, and Baha’i followers, their respective religious authorities issue a marriage certificate which is the legal evidence of marriage. Therefore, a certificate fro the Marriage Registrar is not required. However, a certificate issued by a […]
Law of Succession under Special Marriage Act
The Special Marriage Act, 1954 provides legal recognition to inter-faith marriages in India. However, a problem arises in determining rightful ownership of such couples’ properties in case of succession. The subject of inheritance is dealt exclusively by the personal and family laws of the different religions in India. This poses a dilemma of determining which […]
Is Marriage between a Muslim and Hindu Legal?
Needless to say, inter-faith marriages are largely looked down across the nation, by Hindus and Muslims alike. The main issue with a Hindu-Muslim marriage is not about people’s personal distaste towards it, but the legal ramifications pertaining to it. Both the Hindu and Islamic Marriage Acts have labeled marriage to someone from the opposite religion […]
Inheritance in the absence of a will under Indian Succession Act
Inheritance In Absence Of A Will Under Indian Succession Act Introduction The Indian Succession Act came into operation on 30th September 1925 and it seeks to consolidate all Indian Laws relating to succession. It has no retrospective operation and is applicable to intestate and testamentary succession. INTESTATE SUCCESSION Intestate means when person dies without […]
Custody of Children
Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one […]
Family Courts in India: An Overview
It is not unknown that a gaping loophole in the Indian Judiciary is the backlog of cases. The number of cases being filed in the Supreme Court is consistently on the rise. 34683 cases were filed in Supreme Court in the year 1999, whereas, 70350 were filed in the year 2008, the increase being about […]
Creating a Valid Will under the Indian Succession Act?
A Will is a document that ensures that the distribution of property and assets is carried out according to the wishes of the holder (testator) after his/her death. The absence of a Will is likely to put the testator’s family in a predicament about determining valid ownership. Despite this, the trend of framing a Will […]
What happens if I do not create a Will?
Bequeathing rules based on domicile and religion and I am a married Hindu male? and I am a married Hindu female? and I am a married Parsi? and I am a married Christian?