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

Environmental Law As a Career – An Overview

Many of us might not be aware but environmental law is one of the careers in law that is being considered as a lucrative career. This law deals with laws and issues around green initiatives, waste management, sustainability strategies, bio-diversity, hazardous waste and alternative energy resources. Today sustainability has become a priority across the world and hence the world is in need of lawyers who can be the torch bearers as far as advice around green standards and sustainability issues are concerned. As the needs of corporate houses grow in terms of legal work needs around environmental legislation.

Environmental Law

The work of the environmental lawyer involves working around the laws of the environment and legislation and the interests of the environment as well. The issues around the environment include responsibility, stewardship, ecology, sustainability can result in taking a legal course which might in turn require you to have an environmental lawyer. The role of an environmental lawyer involves in representation their clients around environment issues, helping them devise the environmental policies and write as well as orient their clients about environmental law.

Environmental law is in demand overseas as well and the salary offered is also quite handsome. In India, Environmental law is not as popular right now. The branch that deals with environmental law in India is called regulatory branch or branch of environmental legislation. These branches are high capable of understanding technical material including scientific literature, raw data as well as precedent cases in order to scrutinize the legal situations affecting the environment in one way or the other.

Their job role involves decision making on matters like prosecution of environmental offenders. Representation of a corporate house, a corporation, government or business entity at pre-trial negotiations as well as discovery sessions, to name a few.

There are various institutions across the globe that offer degree in environmental law. A rule of the thumb is that if you are passionate about environment then go for this degree more than relying on the statistics of whether it is lucrative or not, and you will definitely excel.

 

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*Sourced from the Internet

Filing A Complaint Against Dowry in India is Easy Now

Though Dowry cases have reduced considerably thanks to the awareness initiatives and legal reforms in India, this dreadful system is not totally eliminated as yet. It is still prevalent in many regions of rural as well as urban India. The prevalence of this custom has led to thousands of homicides as well as suicides in India, sadly so. As per statistics India tops the list of dowry related cases and around 30,000 dowry cases were officially reported in the year 2013-14. This is a huge number and speaks the torment of the women in India due to dowry. There have been almost 10 K cases of suicidal deaths due to dowry harassment as well as reported by the National Crime Records Bureau besides almost 4000 harassment cases by husband and in-laws for dowry were filed by the year 2015.

Filing A Complaint Against Dowry in India

Many of us are aware of the dowry prohibition act that was brought into effect in the year 1961. Under this act of IPC section 498 (A) – taking, giving or abetting dowry by imprisonment is a punishable offense and can cost you a fine of upto five thousand bucks or six months of jail. A woman has to raise her voice without fear of any sort and file a case so that the government and the law can help her out. The government has over the years simplified the case filing procedures so that women can take optimum benefit of the law. As per a retired IPS officer Mr Mukherji added that a women needs to give an accurate description of what happened and present facts rather than making half-baked statements.

The government has even made provisions for women police stations so that women can comfortably go and register complains there. The first one was opened in 1992 itself in Tamilnadu. Besides every police station today is equipped with a women’s cell. Furthermore, the government has also made it mandatory for any and every police station to take complaint of a dowry related case of a women irrespective of jurisdiction. The FIR is registered under a zero number and later transferred to the relevant jurisdiction. The government has also made a provision for women to be able to complain online to the website of any NGO or website of the National Commission for Women. Online case or FIR filing facility is also already available on their official website.

Though the procedures are made simple and accessible to all, it’s the women primarily, who need to take a step for themselves when it comes to raising their voice against their own people for saving their own life. Until, they stand up for themselves, the crux is no one else will be able to help them out completely.

 

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*Sourced from the Internet

All About Courts in India

ALL ABOUT COURTS IN INDIA

Though if one has to wish for something related to court proceedings, one would rather wish of staying away from getting into the same, due to its time and money consuming repute. But, when you have to you have to, there is no way else where or out. So, why not be aware about the court and its hierarchy. The first step here begins at the judicial body, village courts, the district court, going up to the high and finally the supreme court.

Village Courts or Panchayats
Better known as gram, lok or nyay panchayats, these courts are set up at village level to resolve disputes arising in villages or rural areas.

District Courts
These courts are for the urban populace. People at town or city levels can knock their door to seek justice or resolve their dispute. It has a district judge and is supported by many subordinate courts. Every district does have separate courts for labour and families as well as special courts that deal with narcotic drugs, substances act falling under essential commodities.

High Courts
Every state has their own high court and its generally situated in the capital of the respective state. Many states also have bench courts which refers to high court branches. In the same way, union territories have high court benches of the nearby state. The high court comes into action only if the lower courts cannot hold a trial due to territorial and pecuniary jurisdiction issues.

Supreme Courts
This is the highest of all the courts in hierarchy and stands at the top. The powers it has form original advisory jurisdiction and appellate powers. There is also a facility for citizens to directly file a suit with the supreme court in case of fundamental rights violation. At times even the President of India asks advisory jurisdiction for advise on certain issues. Supreme court judgments and laws are to be abide by every court in the hierarchy of India.

Some of us aren’t aware about the difference between tribunals and courts. Tribunals and courts are totally different bodies though they work in parallel and tribunals are not a part of the court hierarchy. Apparently, the hierarchy is forms on the basis of the constitutional structure and the reason behind its formation is to ably handle the mammoth population of the country and its problems and issues in a streamlined manner.

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Legal Guidelines Issued by Government About Police Encounter Investigations

Legal Guidelines Issued by Government About Police Encounter Investigations

Police encounters are commonly heard of in India and most of us are even aware about many cases that smell fishy as well. Even government as taken notice of some fake encounter cases that have come forward and hence issued certain guidelines that the police department needs to adhere to in order to streamline the whole procedure and for investigation convenience as well.
1. It is mandatory put information regarding any tip off regarding a criminal offense in some form or the other either in writing (case diary preferably) or electronically, by a higher authority. Though, it is not mandatory to reveal all the details about the information like location or suspect.
2. If an encounter occurs post the tip-off or intelligence information, then it is mandatory to file an immediate FIR as per the procedure described under section 158 and forward it to the court under section 157.
3. The police team of another police station or the CID has to investigate the encounter or incident under the supervision of senior officer or atleast an officer of the same cadre to that of the one involved in the encounter. The team will need to collect the following information from site as well.
a. Identify the victim and take color pictures of him/ her. | b. Collect and preserve evidence related material like blood stained clothes, earth, hair, threads, equipment, fibers and more.
b. Identify and collect details of witnesses on site including their name, contact, address and more. Write down their statements or record them on video/ audio. Also, take down the statements of the police personnel involved in the encounter and pictures, video or sketch of the scene. Note down the death time and the whole process of the encounter that resulted in the death of the criminal.
c. Send the untouched finger prints of the deceased for chemical analysis. Also, any other finger prints collected on site have to be sent as well.
d. Evidence like weapons, cartridges, bullets, cartridge cases and more need to be taken into custody and preserved. Gun shot residue tests as well as metal detection traces need to be carried out wherever applicable.
e. It is necessary to note down the cause of death of the deceased, whether it was a suicide, homicide, encounter, natural or accidental death.
f. Two doctors need to conduct the postmortem of the deceased in the district hospital and one of them must be the hospital head or incharge. It is mandatory to cover the process through videography and preserve it.
9. The encounter information needs to be immediately sent to the NHRC or state human rights commission as per the case. Though NHRC need not necessarily get involved unless there is some doubt about the investigation or the encounter’s authenticity.
10. If the victim is injured in the encounter, then immediate medical aid needs to be provided to the victim and his/her statement has to be recorded in front of the medical officer or the magistrate. A medical fitness certificate also needs to be acquired from the officer.
11. In all the cases, where the encounter has resulted into death or deaths, a magisterial inquiry becomes mandatory under section 176 and the report of the it has to be sent to the judicial magistrate under section 190.
12. In case of death, the immediate relative of the criminal/ victim must be informed immediately.
13. In case of death or deaths in an encounter, it is mandatory to send half yearly statements of the cases of police firing to NHRC by the DGP’s. The due date for the statements is set to January and July 14. The format for the statement needs to be as follows and wherever applicable documents of reports have to be attached.
1. Criminal case no.
2. Investigating agency
3. Date/ Place of death
4. Situation resulting to death
a. Self defense | b. unlawful assemble dispersal course | c. affecting arrest course
5. Facts about the incident in brief
6. Report from inquiry by senior officers/ magistrate
7. Information related to
a. Police personnel responsible for the death |b. Information on use of force, lawful action or not.
15. In case if the conclusion report show evidence of a fake or unlawful encounter amounting to offense under the IPC, then disciplinary action against the responsible officer needs to be taken promptly after immediate suspension.

* Disclaimer – Sourced from the internet. Verification required

All You Need To Know About Power Of Attorney

There are times or rather unavoidable circumstances, when you are not able to process important legal transactions. These circumstances could be illness, foreign travel, serving prison or more. Power of Attorney is a legal pact that provides the right to do a legal procedure on your behalf for your properties or do decision making about anything on your behalf. This can be done with a simple legal procedure where in a legal document, mentioning the rights provided to the person, you have assigned the power of attorney to has to be made and duly signed by both.

POWER OF ATTORNEY

Here is how you can use Power of Attorney to your advantage –

Health Concerns – Critical decisions related to health need to be taken with great presence of mind. With a medical attorney, you may might as well give the power to take any crucial decision concerning your health, when you are ill and not medically capable of taking them.

Legal Transactions – Whether is is about selling or buying a property or any legal transactions that involves money related transactions, it provides them the right to manage your assets on behalf of you.

Family Matters- A power an attorney is of a great help in circumstances where couples are married but are not able to move in because they work at different locations of the country or may be one of them is serving in the defense and is posted in some other location or remote area.

Business Decisions – It is quite helpful to businesses in situations when decision making authorities are not in a position to take decisions due to international travel or illness with inability in decision making, etc. For examples in a company with five board of directors, if one of them is unable to be present at the board meeting on a vital decision making subject, he can assign someone known to him to take a decision on his/ her behalf by providing them a power of attorney. Also, sometimes a busy schedule of the director does not permit him/ her to be present at each and every meeting that needs his/ her presence. Even in such cases, assigning a power of attorney for the same to could be quite useful.

Having said that, before assigning power of attorney to someone, you need to be very careful and choosy because the assigned person needs to be a loyal and honest person. Otherwise, he might as well misuse the same in the best of his/ her interest and you might end up in a soup. So, assign your power of attorney to an extremely reliable and trustworthy person and keep yourself fraud safe.

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Clinical Legal Education In India – The Subject

Clinical and Legal Education

Clinical education is all about enhancing your skills. These skills include interviewing, research, interpersonal, reflective practice, problem solving and more. It is all about experiential learning, a process that helps students in application of their theoretical knowledge in real world situations. These sort of regular exercises and sessions build up confidence to apply their knowledge and make the most of the knowledge gained. It is sort of experiencing their future work life early on, thus in a way preparing them to take the upcoming challenges in their stride.

As a part of imparting clinical legal education, simulation classes are also undertaken. Students are all given a certain case study to resolve. It could be a real or unreal one, but the objective is that students take it up as a real life legal problem and try to deliver the best possible solution to it. Other kinds of simulation classes include mediation sessions, mock trials, conciliation sessions, negotiation and client interaction sessions, witness interrogation sessions, legal writing, drafting and relative exercises. All this is apparently virtual, but makes them feel and respond like they are into the real world of legal professionals.

With the balanced blend of theoretical study and practical learning, law graduates are sure to be at par with the international level professionals across the globe. Indeed, the inclusion of it as a compulsory subject should work well for the future of India and future lawyers as well.

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