Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Assuming you are a Hindu , so you shall be governed by Hindu Succession Act. So as per said Act, if the adoption was legal though the same can not be questioned now, the adopted child from the date of adoption becomes a child with all the rights and liabilities of a natural son.Read More

Posted on 03 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years. Read More

Posted on 03 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 01 Nov 2018

If the divorce case is still pending before the court and no decision has been pronounced yet, the wife cannot marry another man. Such marriage would be illegal and a complaint can be filed against such marriage.  You can hire a divorce lawyer in India to file a complaint against your wife for re-marrying without obtaining the divorce decree first.Read More

Posted on 29 Oct 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Since your father made you the sole owner of the property in his registered will excluding your brothers, then surely you have all the rights to enjoy the property by yourself and your brothers cannot claim any share in the property as they were not mentioned in the will. So you can sell your father's property as he made you the sole owner of the whole property. And no, your brothers cannot file a case against you, as they have not rights in the property.  Read More

Posted on 19 Apr 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The intending couple and the surrogate mother can undergo a surrogacy procedure only at surrogacy clinics that are registered with the government.  To initiate the procedure, the couple and the surrogate mother need to possess certificates to prove that there are eligible.  These certificates will be granted by a government authority if the couple and the surrogate mother fulfill all the conditions mentioned above.  The Bill does not specify a time period within which the authority needs to grant the certificates.  Further, the Bill does not specify a review or appeal procedure in case the application for the certificates is rejected. Read More

Posted on 10 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The legal heir of the deceased can claim of legal right, title, possession of property of a deceased plaintiff by virtue of Section 10 of Hindu Succession Act( assuming the party is Hindu). Further with respect to property matter to claim right as a tenancy, the legal heir would be required to furnish a legal heir certificate or an affidavit on oath stating that the members are legal heirs of deceased which will also suffice court purpose. Read More

Posted on 15 Dec 2016 | 1 Answer

Advocate Amarnath Sanyal | Legistify

Advocate Amarnath Sanyal
Answered on 28 Sep 2018

Nothing can be done to save and except to Partition the property whether it depreciate or appreciate the value of property. Partition can be done either by Partition Deed (registered) or through Court (Partition Suit). Read More

Posted on 11 Dec 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children. However, the process will be as per Para 16 of the Adoption Guidelines. Read More

Posted on 20 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, under the Juvenile Justice Act, person of any religion can adopt a child. Read More

Posted on 19 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Deed of adoption is necessary for adopting a child. It has to be signed by the biological parents and In addition it has to be registered. The birth certificate would reflect the name of biological parents. If you want the name of the adopted parents to be reflected you have to make application to magistrate and obtain the court order then only will changes be reflected in the birth certificate. Please also note that the magistrate wont pass an order unless there is a valid adoption deed.Read More

Posted on 03 Mar 2016 | 1 Answer