Family Law
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Statement of Objects and Reasons – Hindu Succession (Amendment) Act 2005
STATEMENT OF OBJECTS AND REASONS The Hindu Succession Act, 1956 has amended and codified the law relatiang to intestate succession among Hindus. The Act brought about changes in the law of succession among Hindus and gave rights which were till then unknown in relation to women’s property. However, it does not interfere with the special […]
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Supreme Court on the Right Conferred on a Daughter of a Coparcener
17. The text of the amendment itself clearly provides that the right conferred on a “daughter of a coparcener” is “on and from the commencement of the Hindu Succession (Amendment) Act, 2005”. Section 6(3) talks of death after the amendment for its applicability. In view of plain language of the statute, there is no scope […]
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What is a Will? – Essentials of a Valid Will
1. Introduction What is a Will? Who can make a Will? What are the essential ingredients of a Will? Is registration of Will mandatory? You will find answers to these and more such questions here… 2. Definitions – Will, Property, Testator, Beneficiary, Executor Section 2(h) of the Indian Succession Act 1925 says – “Will” means […]
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Why make a Will? – Benefits & Advantages
1. Introduction Undeniably, money and property matters are the biggest dividers in life. Moreso when the need to acquire or sustain a good lifestyle is majority’s mantra. Petty fights, squabbles, conflicts, disputes to the extent that people indulge in unnecessary litigation for a claim on other’s property are becoming the order of the day. Families […]
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Allahabad High Court on Procedure for Arrest in Matrimonial Disputes
1. Introduction In a landmark judgment in 2011 (Criminal Misc. Writ Petition No. 3322 of 2010), Allahabad High Court laid down clear guidelines on procedure for arrest and how Police, Mediation Cell, Investigating Agencies including Courts should proceed in matters involving matrimonial disputes, 2. Questions framed by the High Court 3. Answers clarifying Legal position […]