Legal Consultations and Solutions (LCS)

  A Hindu Undivided Family (HUF) is governed by the Hindu Succession Act and according to the law, Hindus who may have converted to any other religion can still lay claim on their ancestral property.  Earlier, if a legal heir converted into another religion, it could mean forfeiture and exclusion from the family property. However, under the provisions of the Caste Disabilities Removal Act, 1850, as stated in the E Ramesh and Anr. versus P Rajini and 2 Others case, things have changed. Now, a Hindu convert will not lose right over father’s property even after renouncing his religion. However, according to Section 26 of the Hindu Succession Act, a convert’s child/children will be disqualified from inheriting the property of their Hindu relatives unless they are Hindus at the time. The Bombay High Court in its recent decision in  Balchand Jairamdas Lalwant v. Nazneen Khalid Qureshi (Appeal from Order No. 1175 of 2014)  dated 6th March, 2018 whilst discussing the issue on whether a Hin

  The Christian laws do not have any special mention about child custody rights. Hence the  Indian Divorce Act, 1869 , becomes applicable for all matters pertaining to Christian children and their guardianship. As per Section 41 of this said Act, the courts have the right to pass orders as to the custody, education and maintenance of Christian children . Beside it Guardians and Wards Act, 1890 is a secular law regulating questions of guardianship and custody for all children within the territory of India, irrespective of their religion. The welfare of the child is only criteria for deciding   the custody of the child although the act consider father as first guardian   of the child. “An order of custody of minor children either under the provisions of the Guardians and Wards Act, 1890 is required to be made by the court treating the interest and welfare of the minor to be of paramount importance.  Sheoli Hati  v.  Somnath Das ,  (2019) 7 SCC 490

  Child maintenance in India is recognized under Section 125 CrPC irrespective of the religion of the child. It has been provided that the child can claim maintenance from the father in India.  Under section 125 (1) (b) makes provision that if any person having sufficient means neglect or refuse to maintain his child a magistrate order such person to   make a monthly allowance for the maintenance of such child.  Legal Consultations and solutions (LCS )    ( LCS is an emerging organisation which provides legal Aid and Advise for All kind of matters in Delhi, Mumbai and Chennai and other states of India. It's run by Advocate Abhishek Pratap Singh and his Team.) Social Media Links : Facebook;   https://www.facebook.com/abhi.pratap1/      https://www.facebook.com/legalconsultationsandsolutions                                                                  https://www.facebook.com/AbhishekPratapForClcStudentUnion Twitter  https://twitter.com/abhipratapadv Youtube https://www.youtube.c

As per Indian Succession Act 1925 section 35, Surviving Spouse will get one third share from the property and childs will get two third share of the Property. As a daughter has an equal right as her brother to the father’s property. Mother is not entitled to any share in the property in this case when spouse and lineal descendent is alive.   Legal Consultations and solutions (LCS )    ( LCS is an emerging organisation which provides legal Aid and Advise for All kind of matters in Delhi, Mumbai and Chennai and other states of India. It's run by Advocate Abhishek Pratap Singh and his Team.) Social Media Links : Facebook;   https://www.facebook.com/abhi.pratap1/      https://www.facebook.com/legalconsultationsandsolutions                                                                  https://www.facebook.com/AbhishekPratapForClcStudentUnion Twitter  https://twitter.com/abhipratapadv Youtube https://www.youtube.com/channel/UC32s0FpOt4J8P5DV_dWlILg?view_as=subscriber Email. Id abhip

  The Christian Law of Succession is governed by the provisions in the Indian Succession Act, 1925. However, with respect to Indian Christians.  The laws of inheritance applicable to Christians are same for both genders. The property of a person dying intestate is bequeathed to the spouse of the deceased, or upon those who are kindred of the person deceased. Chapter II of the ISA provides for the order and the concerned rules for the devolution of the estate and the share to be allotted to the heirs.   The term ‘lineal descendants’, as described under the ISA, includes children or children’s children and only those born out of a lawful marriage, If an intestate has left a spouse and also lineal descendants, 1/3rd of the estate shall devolve upon the spouse and the remaining 2/3rd shall go to the lineal descendants. Legal Consultations and solutions (LCS )    ( LCS is an emerging organisation which provides legal Aid and Advise for All kind of matters in Delhi, Mumbai and Chennai and

  FAMILY ARRANGEMENT VS PARTITION DEED –; Partition deed is amid co sharers of property, it declares separate title of an individual in a specific asset and excludes him from asset not falling in his share. It’s a title deed. Family settlement does not create title, it does not create proper partition of property but it represent that what is the purpose of family and until final partition how the family will use the property and it may consist that which one wants to own specific part of the property. It is document of desires of a family. It does give any right to anybody but in long term if it is followed it provides right to estoppels The dissimilarity is that of payment of stamp duty and registration of the document recording partition. A family settlement has no need for registration and stamp duty, but partition deed requires registration and stamp duty both. . essentials of family settlements are’; (1) It can be oral as well as written and there is no need to require to