Five Facts You Need To Know About Ancestral Property

There is a lot of unawareness around ancestral property rights amongst us. A reason is ignorance and even amendments in the law. One of the many questions that are commonly asked around ancestral property laws that people keep pondering upon or enquiring from friends and acquaintances is about women’s share in ancestral property. Here’s run down five facts around ancestral property rights you need to know and around daughter’s share as well –

  1. Ancestral property means the property that is inherited up to four generations. As in from father to great great grandfather.

  2. The right to ancestral property is considered to be based on birth and not after the death of the owner.

  3. The ancestral character is not considered if the partition or division of the property is already done through a deed or mutual basis within the family.

  4. The division of the property is done not on the basis of per capita but on the basis of per stripe. First the share of each generation is determined. Later the subdivision is done for the remaining generations. Also, every generation does inherit from its predecessor.

  5. Will and gift based properties are not included in ancestral properties.

  6. If a father gifts a property to son, it is not included under ancestral properties.

  7. If a self-acquired property is used in common it can be included under ancestral properties.

  8. But, if the father wants to disinherit his son from a self-acquired property within the ancestral property, he can do so but the son still has rights over ancestral property

  9. Before 2005, only sons had rights to ancestral property. But, in 2005 the Supreme court amended the law providing rights to a daughter whether married or not, in ancestral property. The court later clarified that if the father has died before the amendment of the Hindu law in 2005, the daughter does not have any right to ancestral property.

Well, theses day women are becoming more and more aware of their rights but even today there are many women and even people who aren’t really aware about ancestral rights or have a lot of queries around the same. The aforementioned are a few facts that might just help you clear some of your doubts around the same.

*Sourced from the Internet

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What You Need To Know About Divorce Rights In India For Women

Many celebrity divorces are coming to the fore ever now and then and like the west India is coming to terms with the big word divorce. Obviously, divorces are never cake walks and there is a lot of suffering, stress, anxiety, fear and pain that the whole process brings along. In Indian marriages are considered to be and Institution and even today in spite of the fact that divorces are getting common. The laws that govern marriages vary as per the religion and country. In India, and as per the Hindu marriage act the spouse can claim for alimony or maintenance against divorce.

Divorce Rights In India For Women

Now, alimony as well as maintenance is nothing but financial compensation to the spouse unable to support self to ensure that he/she lives a secure life financially. In India it’s mostly the females who claim for maintenance and alimony in Hindus, though it differs from religion to religion. The Hindu marriage act states that both husband and wife are eligible for it.

But, in India it’s mostly the women who get the alimony benefits. These days, many women work as well and aren’t aware if they are also entitled for any alimony. Here’s a sneak peek into how much alimony are women entitled against a divorce, working and non-working both.

As per the law the women is entitled to get a monthly alimony of 25% of husband’s gross income if it’s on a monthly basis. The amount may increase decrease as per the salary. In case of lump-sum settlement the range is between 1/3rdto 1/5th of net worth of the husband and is to be done all at once.

If the couple have a child than the maintenance of the child needs to be paid for separately. The child needs to be paid in a way that he/ she can live at the same standards of the father. Similarly, even the wife is entitled to be able to live at the same standards as per her matrimonial home. If the wife is also working though, she also has to share the child support.

On the other hand, only if the husband is disabled, he is entitled for alimony, else not.

The court also mentioned during the hearing of one alimony case, that even if the woman is educated and earning, she is still liable to get alimony if there is a substantial difference between her and her husband’s net worth, so that she can live her life at peace and same standards she used to enjoy in the matrimonial home.

However, if the woman remarries, the husband is not required to pay any alimony to the wife but he has to continue to pay for the child’s maintenance. Furthermore, if the alimony is interim or monthly basis and the husband fails to provide the same. The appellant can move to the court for a petition to attach the husband’s salary. The maintenance they would be deducted from husbands salary automatically every month. Also, any kind of jewelry, gifts, property or valuables including gadgets, appliances and even cash that is given to the women before, at and during the course of marriage are included as a part of streedhan. This also includes all her earnings, investments and savings.

Having said that, divorce is a very difficult and emotionally draining procedure but being aware of the rights make help making life a lot more-easier in terms of financials.

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*Sourced from the Internet

Single Parenting is a Dangerous Concept As Per High Court

As per the observations of madras high-court single parenting can have adverse effects on the society. The high-court mentioned that single parenting could be a dangerous concept for the society as the child needs the love and care of both mother and father.

Single Parenting is a Dangerous Concept As Per High Court

In the order of the year 2016, the court had suggested to the union ministry of women and child development about considering castration for criminals of child abuse and rapists as an additional punishment alongside the already present ones under the Protection of Children from sexual offences (POSCO) Act, IPC and the juvenile justice act.

The court justice Kirubakaran also noted that the family system had changed over a period of time from joint to nuclear and recently to single parenting. The court also harped upon the point of bifurcation of union ministry of women and child development and start a dedicated ministry itself for child development.

The court also instructed the state government to conduct awareness programs with regard to crime against children amongst the other directions it gave. As per the court single parenting was a concept that was dangerous to the society and true to because there could be umpteen other challenges or obstacles that a single parent can also face besides the child. These challenges include those like taking multiple responsibilities because a single parent has to take the load of the both the parents, be it any kind of responsibility, time management, finance burden and child management. It takes a two to tango truly goes with parenting as one parent cannot manage all the responsibilities alone. It is tough and its even tougher for the child to not get a balance of both parents. Thus, what the high court said around the concept of single parenting does make sense in every way, aint it?

 

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*Sourced from the Internet

The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.