Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 18 Sep 2019

Yes, a child is born out of surrogacy has the same right as legal heir there is no differentiation given under the law.Read More

Posted on 10 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 18 Sep 2019

No person will be capable of being taken in adoption unless the following conditions are fulfilled The person should be a Hindu The person has not been married, unless there is a custom or usage applicable to the parties which permit persons who are married being taken in adoption He or she has not already been adopted He or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permit persons who have completed the age of fifteen years being taken in adoption Under the Hindu Adoptions and Maintenance Act (HAMA), only Hindus can adopt subject to their fulfilment of specific criteria. As per the provision of this act, no adoption will be valid unless fulfilling the following conditions: The person adopting should have the capacity and also the right, to take in adoption The person giving in adoption should have the capacity to do The person adopted should be capable of being taken in adoption The adoption should be made in compliance with the conditions of the Hindu Adoptions and Maintenance Act (HAMA) Eligibility of a Male Hindu to Take Adoption: Under HAMA, any male Hindu who is of sound mind and not a minor can take a son or a daughter in adoption. If he has a wife living, he cannot adopt a child except with the consent of his wife unless the wife has completely renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. Note: In case the person has more than one wife living at the time of adoption, the consent of all the wives is mandatory unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding clause. The senior wife will be classified as the legal mother of the adopted child.Read More

Posted on 10 Sep 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 18 Sep 2019

As the guy has the right to get married many times under the Muslim Law, in such case the matter of loyalty does not count. Secondly, prohibiting someone from getting married to someone else when he is entitled under his law is not legal. So, such an affidavit will not have a legal holding.Read More

Posted on 11 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 16 Sep 2019

Making a Will can be a simple procedure if the assets are few and ownership is clear. All assets that a person owns should ideally be included. Shares, bank lockers, bank accounts, PF (Provident Fund) details, insurance policies even digital assets. The next step of the process is to figure out the beneficiaries. This will have an impact on Will’s wording. For instance, if you want your spouse to be the sole or the major beneficiary, and your children after him or her, the Will can be conditional. So, it would mention that say, the house goes to the spouse and on his or her demise, to the children or according to the spouse’s instructions in his or her Will. Or, you may want your minor child to inherit assets only after she is a major (18 years of age).  Will registration in India is also important to give it legal recognition.Read More

Posted on 13 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 14 Sep 2019

The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while the self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property. The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed.Read More

Posted on 13 Sep 2019 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 03 Sep 2019

After divorce as well, both daughter and son has right over father's property. Under the law the children have right on the property of the father until and unless if there is any document signed for the same that after divorce the children can not acquire any right on the property.Read More

Posted on 30 Aug 2019 | 2 Answers

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 13 Sep 2019

If your mother is dependant upon you, then only you are liable for maintenance. It depends upon case to case for the amount of maintenance. The court will consider your situation whole deicing your matter. Consult a good family lawyer in India to get the best possible results in your matter.Read More

Posted on 11 Sep 2019 | 2 Answers

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 11 Sep 2019

Yes, the mother can sell a property if she has purchased the same from and out of her own funds. But if in the case where the property came through succession after the death of any of your family members and where she got such right in it, she cannot sell it without the consent of the family member.Read More

Posted on 05 Sep 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 07 Sep 2019

As your sister is a major, she is not bound to ask anybody for spending her salary. You cannot file a case against him directly in this particular point but your sister can take action against him on basis of mental harassment. Read More

Posted on 03 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 04 Sep 2019

Property is not considered as an ancestral property if it was gifted by a father to his son. Therefore, an individual cannot claim his share in a property which was gifted to his father by his grandfather. The property which a son or a daughter receives as a gift from the father becomes their self-acquired property. In such cases, the grandchildren have no legal right in property their grandfather gifted to his son or daughter which he could have gifted to any other person, too. Such a property is considered as self-acquired property unless there is a clear expression of intention by the grandfather to make it an ancestral property.Read More

Posted on 28 Aug 2019 | 1 Answer