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Buying Property in India?

The government of India has been seeking to boost investment opportunities in real estate sector as well as protect the investors, especially NRIs. The Foreign Exchange Management Act (FEMA) which falls under RBI (Reserve Bank of India) governs NRI Property Investments in India. It has laid down specific guidelines for the NRIs so as to ensure they follow the rules and regulations and can take advantage of opportunities provided by the government.

Primary requirements for NRI Property Investments in India

  • To invest in any property in India, an NRI should possess an Indian passport.
  • An NRI doesn’t need to take permission from the RBI to invest, transfer, dispose or be gifted with a property.
  • If an NRI has a foreign passport, he/she can also acquire, transfer, dispose or inherit a property given that it is only for residential purposes.
  • An NRI can inherit, receive a gift, or invest in any number of immovable residential and commercial properties in India.
  • An NRI can neither invest nor obtain an agricultural land, a plantation land or farmhouse as a gift.
  • If the NRI had invested in an agricultural land, a plantation land or farmhouse before he/she was an NRI, he/she can sell the property but only to a resident of India.
  • An NRI can transfer or gift an immovable property to a resident Indian or another NRI.
  • Before acquiring a property in India, an NRI should meet all the requirements and conditions of both the Income Tax Act, 1961 and FEMA.
  • An NRI must possess all the relevant documents such as a PAN Card (Permanent Account Number), OCI/PIO card if any, valid Indian passport, proof of address, passport size photographs to buy any estate.
  • An NRI can repatriate the sale proceeds and rental income to a foreign account of his/her choice after the deduction of the Income Tax, and the Capital Gains if he/she has bought the property through the NRE Account.
  • The citizens of Pakistan, Afghanistan, Bangladesh, Iran, Sri Lanka, China, Nepal or Bhutan cannot procure or transfer property in India without taking permission from the Reserve Bank of India.

Important aspects an NRI should consider before Investing in India

An NRI should

  • examine all the property documents especially the registered property title which one can obtain from the sub registrar’s office
  • request for a clear property title and legally vetted property documents
  • make sure that the property title belongs to the rightful owner and therefore, has the right to sell the property
  • ensure that the property is free of any legal disputes
  • ensure to check that the property doesn’t have any outstanding debts and obtain a no dues certificate
  • procure a release letter from the bank if the estate has been used as a mortgage for a home loan
  • ensure to verify that the property has been given the approvals and permits for construction from civic authorities
  • attain the clearance under Urban Land (Ceiling and Regulation) Act, 1976 if required
  • verify that the seller has the right to sell the property if he/she is buying it from a third part i.e. real estate dealer or promoter
  • check if the quoted price of the asset is as per market value
  • make sure no mortgage is outstanding on the property he/she wants to buy

With government promoting NRI Property Investments in India they have provided many benefits and flexibility in rules and regulations of foreign investments. This has given NRIs lot of advantages and opportunities to invest in property in India without much hassle.

By | March 31st, 2017|Blog, Buy and Sell, Investment|2 Comments

HAVE THE POWER TO SAVE YOUR POWER!!!!!!

Everyday complexities, duties and workload demand high-level multi-tasking which makes it tough for an NRI to tackle business in India. This can be solved with the help of Power of Attorney (POA). The need for POA has increased over the years due to the changing working environment and lifestyle which requires a lot more commitments than before.

Importance of the POA

It becomes difficult for the individuals living outside India to travel back and forth to perform small transactions or make some decisions. In such a case, NRIs need a solution that can help them to tackle the problem as well as restrict their time wastage and traveling expense.

POA gives the power to take decisions and legal actions on one’s behalf but what most people don’t understand while providing a POA is that they can specify the rights being transferred. They make the mistake of giving General POA to the person who’ll act on their behalf.

In some situations, an NRI has to come up with documents within a short notice, giving authority to someone else to act on his/her behalf, and usually he/she doesn’t realize that the issuance of General POA can cause a major problem for him/her in the future.

General POA and Its Difficulties

General POA gives right to make any legal and financial transaction, create a document and make major decisions. Giving total rights to somebody can sometimes result in the individual losing what was once owned or lead to legal disputes.

We have had many cases in the past in which an NRI found himself in a problem after issuing a General Power of Attorney. Therefore, while issuing a POA one should know the exact reason behind the POA and then specify the rights and duties on it.

So basically the NRI should understand –

  • Why is he issuing the POA?
  • Does he trust the person he is giving the right to act on his/her behalf?
  • What exactly does he want the person to do?
  • How long will it last?

Precautions while issuing a POA

After deciding about the facts mentioned above, the individual should decide whether to issue a General POA or a Special POA. For this, it is important that he/she understands the rationale behind the issuance. We normally advise that issuing of a GPA should be avoided for the following reasons:

  • With the issuance of General POA, the executor of the legal document gives them freedom to act as they wish on his behalf.
  • The POA holder can take transfer the property in his/her name or take some action which can cause a legal problem against the POA executor.
  • The NRI can become a victim of fraud, negligence, trespassers, the sale of the property, illegal possession of the property, criminal litigation, or complete loss of his/her ownership.

Often people make the mistake of trusting a person blindly. Although he/she can be one’s close relatives, friends or some other trusted known person, one can never be sure of the intentions of others. So it’s imperative that the NRI should be entirely sure of the person before giving him the legal right to act on his/her behalf.

While the Power of Attorney itself is often a very common and simple document, there are important responsibilities and limitations of authority which appear from time to time.  It is crucial that one knows his/her role in the issuance of such an important legal document. Understanding that the mere decision of unloading a small part of his/her problem by trusting another person can create havoc in his/her, life if the decisions are not taken after considering all the facts.

By | March 30th, 2017|Blog, power of attorney|0 Comments

Are you a property owner? Check your title deeds!

Over the years, with the change in standard of living, thought process and lifestyle of people in India, there has been a drastic change in their actions. Many times we have seen and heard the NRIs complaining about their property being commandeered by unwanted elements, for the apparent lack of maintenance of proper documentation and in such difficult times only a property management lawyer can help solve the issues. Living overseas makes it difficult for them to travel back and forth from time to time.

They tend to depend on others or keep track of their property and documents related to it. It is imperative for an NRI to maintain properly updated property documents to protect him/her from any disputes.There is a service known as ‘Land Search’ which an NRI can use to keep a proper tracks of his/her land and related documents. It is a service which helps the NRIs to keep track of their land, documents and the changes in rules and regulations related to land and its ownership.

Current Updated Documents, Validated Title Deed with ground reality of the property are the few of the most important things that an NRI needs to possess if he owns a property in India. NRIs mainly face problems due to the lack of such details and documents that are required to claim ownership of the same. Usually, NRIs have all the documents, but they just haven’t updated them or validated the title deed or checked the ground reality of the property. The lack of action on their behalf causes them to face problems such as illegal possession, transfer of assets, the sale of the estate, etc.

Therefore, to protect him/her from so many issues it is crucial that the NRI understands –

  • What exactly he owns?
  • If there is any problem related to his/her ownership?
  • If there is a clear title for that property?
  • Can it be transferred?
  • If he/she has the details about – area of the property, evaluation, and documents of the same and its complete description

But they should clearly know what documents they need to maintain and keep updated as well as in correct order. So in terms of documentation, an NRI should have –

  • Clear document stating the description of the property
  • Explicit mention of the area and size
  • Explicit mention of the name
  • Details of the property after the proper evaluation the same

The NRI should keep in mind that sometimes these documents are in the native language which makes it impossible for them to understand. Therefore, these documents have to be translated into the language that he/she can understand.

Just by knowing the above details and maintaining proper documents the NRIs can safeguard themselves from anything that comes in the futures such as fraud and trespassing. He can take legal action against the fraudster or the trespasser without any delay. They can even protect themselves from criminal litigation by proving their innocence with the help of properly maintained documents and then claim the property as their own. Sometimes the NRIs try to maintain and perform all the formalities by themselves which leaves them with one or the other problem so taking the help from a legal adviser or an expert property lawyer can assist them to be free of any hassle and save them money and time of traveling back and forth to India.

The property management lawyers in NRI Legal Services give free legal consultation on all the matters related to the property. We also help settle the issues, file a case on one’s behalf, evaluate the property, and help obtain all the documents, without your actual presence in the country.

 

By | March 29th, 2017|Blog, Property Management|0 Comments

What it takes for Company Incorporation

Incorporation of a Company

As per Companies Act, 2013

“The Formation of company —

  1. A company may be formed for any lawful purpose by —
  • seven or more persons, where the company to be formed is to be a public company;
  • two or more persons, where the company to be formed is to be a private company; or
  • one person, where the company to be formed is to be One Person Company, that is to say, a private company,

by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration.

  1. A company formed under sub – section (1) may be either —
  • a company limited by shares;
  • a company limited by guarantee; or
  • an unlimited company.”

Memorandum of Company should state:

  • name of the company with the last word –
  1. Limited if the company is public limited company
  2. Private Limited if the company is private limited company
  • the state in which the corporation’s registered office is to be located
  • the object behind the incorporation of the company
  • the liability of the corporation’s members whether the company is public or private
  • if the company have share capital
  1. amount of equity as per which the company is to be registered
  2. number of shares every subscriber of memorandum intends to take with his name
  • the name of the person who shall become the member of the company in the case of death of the subscriber in One Person Company

Note: The name of the company stated in the Memorandum of the Company should not:

  • resemble or be identical to any other company’s name registered under this Act
  • should not be offensive or undesirable according to Central Government
  • shall not contain any word or expression which will give the impression that the company is in any way connected with Government or any local authority

Reservation of the proposed company’s name:

  • The person incorporating the company must make an application along with prescribed fee to the Registrar for the reservation of the name of the proposed company or the name that the corporation proposes to change its name.
  • Once the Registrar receives the application, on the basis of the documents and information provided with the application reserves the name for 60 days from the date of application.
  • If after the reservation of the name, it is found that the information provided was incorrect then:
  • in the case where the company has not been incorporated, the name reserved shall be canceled, and penalty will be levied on the person who made the application which extends to1 lakh rupees
  • in the case where the company has been incorporated, the company shall be given the chance to be heard then
  1. direct the person to change the name of the company within the period of 3 months after passing an ordinary resolution
  2. remove the name from the company’s register
  3. make a petition for company’s winding

Remember, When a company is to be incorporated as a

Public Limited Company, it must have minimum seven members and minimum paid-up capital of Rs. 5 lakhs

Private Company, it must have minimum two members and minimum paid-up capital of Rs. 1 lakh

One should be careful while incorporating a company and follow the rules and regulations laid by the government to protect and safeguard itself from any issues in the future.

 

 

 

 

By | March 28th, 2017|Blog|0 Comments

ADOPTION – LAWS & NORMS

What does Adoption mean?

  • Adoption is a legal process of establishing a parent-child relationship between two individuals who are not related by birth.
  • On the one hand enables a childless parent to have a kid of their own and on the other an orphan child or a kid whose biological parents can’t raise him/her get to have parents, a home, a good life, and a family’s name.

Acts that Governs the adoption of children in India:

  • The Hindu Adoption and Maintenance Act of 1956
  • The Guardians and Wards Act of 1890
  • The Juvenile Justice (Care and Protection) Act of 2000, amended in 2006

Who is eligible to adopt a child in India?

The Indian citizens, Non-Resident Indians, and Non-Indians residing outside India can adopt a child from India although a different set of rules are relevant for each of the category of adopting parents.

The Indian citizens residing in India are given priority during the adoption process. For the NRIs, the adoption procedure also depends on rules and regulations and immigration laws of the countries in which they reside.

What role does age play in Adoption Process?

An adoptive mother who wishes to adopt a child should be at least 21 years old. Although the maximum age limit for the single parent or the couple depends on the age of the child who is up for adoption, a single parent aged 55 years or more cannot adopt a child and couple whose cumulative age is more than 110 years.

For example, for a one-year-old child, the total age of the adoptive parent should not exceed 90 years, and neither parent should be older than 45 years.

Eligibility Norms for Parents

The eligibility norms for prospective adoptive parents are as follows –

  • The prospective adoptive parents should be mentally, physically, and emotionally stable and not have any life-threatening medical condition.
  • The potential adoptive couple should at least have two years of stable marital relationship.
  • Whether the prospective adoptive parent is married or not or they have biological son or daughter they are eligible to adopt a child.
  • A single woman is eligible to adopt any child, and there should be a minimum age difference of 21 years between the single mother, and the adoptive child if they’re of opposite sexes.
  • A single male cannot adopt a girl child i.e. he can only adopt a male kid.
  • As a couple, the adoptive parents are required to have each other’s consent to adopt a child.

Legal Aspects of Adoption

The couple or single parent looking for adopting a child should be aware of legality involved in the process. The prospective parent cannot adopt a kid directly from maternity homes, hospitals or nursing homes.

There are Specialised Adoption Agencies (SAAs) that are recognized by the government where one can register for adoption.

One of the government approved authorities is CARA, i.e., Central Adoption Resource Authority. It is a Central Designated Authority of Government responsible for facilitating adoption as per the guidelines.

The adoptive parent can register under CARA which helps in tracking the application status and searching for agencies from any state in India on the website.

Process of Adoption

  • After registering under CARA, the prospective parents have to upload some documents within 30 days of the online registration, or the registration gets cancelled.
  • The documents required to be uploaded as follows:
  • Passport/PAN Card
  • Residential Proof
  • Proof of income
  • Marriage Certificate copy
  • Birth certificates of adoptive parents
  • Medical Certificate for parent’s fitness
  • A guardian should be appointed if the prospective parent is single in the case of some mishap.
  • Once the documents are uploaded, the parents have to contact concerned SAA so that they can conduct Home Study Report (HSR) assess their capability of taking care of the adopted kid. A professional Social Worker does the process.
  • After the HSR is done, the parents are placed on agency’s wait list.
  • The waiting period depends on the agency’s existing list and the number of children cleared for the process.
  • In the end, the parents select a child and take him under foster care system i.e. till the deed is finalized.
  • The process is legally final when the court issues the adoption deed.
By | March 27th, 2017|Adoption, Blog, Indian Law|0 Comments

Protecting Intellectual Property Rights

Property, as we traditionally know it, included the real estate and there has been plenty of talk about protecting an individual’s rights on property in this sense. But over the years intellectual property has come to be known as an important component of an individual’s assets. Protecting your intellectual property rights is as vital as protecting any other asset. Hence knowledge about this is crucial for all.

What is ‘Intellectual Property?’

Intellectual Property (IP) is an intangible asset of a company which includes expressions, knowledge or creative ideas of the human mind that have a commercial value and can be protected.

IP can be protected under patent, copyright, trademark, service mark, or trade secret laws from violation, imitation, and dilution.

It is one of the most readily marketable properties in the digital market. It includes:

  • inventions
  • formulas
  • branding techniques
  • knowledge
  • discoveries
  • software
  • artistic work (e.g. drawings, paintings, photographs, and sculptures)
  • literary work (e.g. novels, poems, and plays)
  • film, musical work
  • architectural designs
  • registered designs
  • industrial designs
  • geographical indications

Types of Intellectual Property

IP can be categorised into two broad categories:

Industrial Property – that includes patents, trademarks, geographic indications and industrial designs

Copyright – which includes literary, musical and artistic works, architectural designs

Types of Intellectual Property Rights

The different types of Intellectual Property Rights are:

Copyright

  • is a legal term which is used to explain the rights of the inventors that they have over their musical artistic, and literary work
  • it covers work such as books, music, databases, maps, paintings, computer programs, sculptures, films, technical drawings, and advertisements

Patent

  • exclusionary right permitted to an invention
  • the owner has the right to decide who, how and if others can use the invention
  • to get this right the owner of the patent has to make all the technical information about the invention publicly available in the published patent document

Trademark

  • is a phrase, design, word, or symbol capable of differentiating the goods or services of one undertaking from others/competitors
  • gives a unique identity to the product or service which helps the consumer to identify the product or service
  • gives the owner right to give authority to others to use their identity in return for a payment
  • blocks the attempts of competitors to market counterfeits

Trade secret

  • is a device, information, formula, or device that an enterprise keeps as a secret which gives them an advantage over their opponents
  • such as computer algorithms, product formulas, survey results, or client lists, etc.
  • protection can’t be obtained by registering owner can protect the secret as long as he/she takes necessary steps to control the usage of the information
  • can be maintained if the owner takes steps such as using non-disclosure agreements, post-employment restrictive bonds, restricting the access to the confidential information, etc.

Geographic indication/ appellation of origin

  • is a sign used on goods that provide identity, reputation or other qualities to the product on the basis of its specific geographical origin. Such as Darjeeling (tea) and Tuscany (olive oil)
  • may be used for a wide variation of agricultural products such as tea from Darjeeling, coffee from Karnataka, etc.
  • also for products that differ as per qualities such as manufacturing skills and traditions of the place of origin

Industrial design

  • is an aesthetic or ornamental aspect of the product
  • involves creation and development notions and specifics that optimize the value, presentation, and function of the product for the benefit of both the parties concerned i.e. user and manufacturer
  • can consist of two-dimensional features such as lines, patterns, etc. or three-dimensional features such as surface, shape, etc.
  • is implemented to products such as medical instruments, jewellery, vehicles, leisure goods, etc.

Intellectual Property Laws

The laws that govern Intellectual Property are as follows:

  • The Copyright (Amendment) Act, 2012 (2012)
  • The Trade Marks (Amendment) Act, 2010 (2010)
  • The Competition (Amendment) Act, 2009 (2009)
  • Patents (Amendment) Act, 2005 (2005)
  • The Geographical Indications of Goods (Registration and Protection) Act, 1999 (2003)
  • The Designs Act, 2000 (2000)

An awareness about protecting your intellectual property rights tantamounts to protecting your biggest asset – your knowledge and skills. It is good to understand how these are defined and what laws govern them.

By | March 26th, 2017|Blog, Property rights|0 Comments

Newsletter March

By | March 25th, 2017|Newsletter|0 Comments

Property Management – Facts and Roles

Property Management is the overseeing, operation, and control of real estate whether commercial or personal, equipment or other assets that belong to another person. Property Management Lawyers are responsible for looking at all aspects of Property Management.

The service of Property Management includes:

  • tenant placement i.e. advertising about the estate; finding, screening and showing the property to the prospective tenant; handling leases; settling, collecting and adjusting the rent and dealing with complaints/emergencies; managing vacating process; dealing with evictions
  • maintenance and repairs i.e. sustaining the condition of the property and making repairs to keep it in proper shape; making arrangements with the repair services and scheduling it with tenants
  • administration i.e. assuring the compliance of government rules and regulations; monitoring and reporting financial transactions related to the property; and serving as a liaison between tenants, site personnel, and landlords

Importance of Property Management

Investing in a property is the easy part but maintaining and managing it takes a lot of effort. Therefore, owner sometimes finds himself/herself in legal disputes or being harassed by tenants. In such a case the property manager can help owners safeguard themselves from any conflicts in the future. Property Management is helpful in the following ways:

Better Tenants

  • The property manager is responsible for finding a suitable tenant. It’s his responsibility to sort through all the applications and screen the prospective tenant before signing the lease.
  • The screening includes checking applicant’s identity, applicant’s rental history, criminal background and running credit checks. Therefore the appointing property manager helps you to protect yourself from any bad experience with the tenants.

Fewer Legal Issues

  • Although one might know all the rules and regulations related to real estate investment, he/she may not be so informed about the landlord-tenant laws.
  • Hence, using a property manager for setting, signing or terminating the lease; evicting the tenant; inspecting the property and collecting security deposits can help to safeguard you from any legal issues.

Fewer Vacancies

  • The property manager always tries to remain up-to-date with changes in the real estate market which help him to make the decisions that benefit the owner of the estate.
  • Such as upgrading of the rental units to attract quality tenants and lower the vacancy rate or adjusting rent as per the market etc.

Role of Property Management Lawyer

The role of Property Lawyer is:

  • giving legal advice on property management, the estimated value of the property, violations, and restrictions on property, real estate taxes, etc.
  • resolving any property disputes, deed issues
  • helping in solving the disputes over injuries, encroachment, trespass and boundaries
  • responsible for dealing with different problems such as proof of title, tenants, etc., and making estate transactions
  • evaluating and preparing estate documents, draft deeds, and filing them
  • helping in registering documents for the clients and checking for various adjustments
  • revising the terms mentioned in the contracts and agreements
  • arranging the terms to be specified in the purchase and sales contracts

Responsibilities of Property Management Lawyer

The responsibilities of the Property Lawyer are:

  • helping the clients with title problems, environmental issues, and insurance issues
  • evaluating and making inspections, appraisals, purchase agreements, and leases
  • drafting documents like deeds, contracts and rental and financial arrangements for various transactions and purchases
  • reviewing transactions and giving legal advice if required
  • representing the clients in court whenever necessary
  • participating in trials and hearings, filing appeals, legal pleading and drafting documents
  • negotiating and bargaining on the clients’ behalf
  • helping them in achieving settlement transactions
By | March 24th, 2017|Blog, Property Management|0 Comments

Property Rights of Women in India

For long, women were not supposed to have as much share in property as men had. Property rights of women in India remained largely an ignored and unaddressed issue. Till about twelve years ago –specifically, year 2005 -women stood to lose on account of their being daughters/wives/daughters-in-law. In September 2005, the courts declared that Indian women would have a right to a share in property just like a man of the family did.

While it is tough to put in brief the minute details of how property rights of women in India effectively stand, below is an attempt to give a glimpse of the same. The status of a woman in terms of relationships has been further analysed in terms of the major law categories.

Daughters

Hindu Law,

  • The daughters now have equal right of inheritance to their father’s estate as sons.
  • The daughters have a right to receive a share in mother’s property.
  • The Hindu Succession (Amendment) Act, 2005 removes discriminatory gender that was in the provisions of the Hindu Succession Act, 1956 and now it gives the various rights to the daughters that are as follows:
  • In the context of coparcener, the daughter will
  • have same rights as the son
  • have to bear the same liability in the property as the son
  • be allotted the same share as to the son
  • The married daughter does not have the right to ask for maintenance or to shelter in her parent’s home

But if the married daughter is deserted, widowed or divorced she has the right of residence

A female has all the rights on any property that she has been gifted or has earned it, or that has been willed to her, that too if she has achieved a majority. She can dispose of the property by selling, gifting or willing to others as she deems fit.

Muslim Law,

  • The daughters have right of inheritance equal to one-half of the son’s share to their father’s estate.
  • She has full control over her share of property and has the legal right to control, manage and dispose of her share as per her wishes in life or after death.
  • The daughter can receive gifts from those whom she may inherit property, but it doesn’t take away her claim as per the inheritance laws.
  • The daughter has the right of residence in her parent’s home and to ask for support until she gets married.

If the married daughter gets divorced, the maintenance charges fall on her parents after the iddat period which is approximately three months but if she has kids who can support her then it is their duty to do so.

Christian Law,

  • The daughters inherit equally with any brothers in her father’s or mother’s estate.
  • The daughter has the right to shelter and maintenance till she gets married from her parents, but she cannot ask for it after her marriage.
  • She has all rights to her personal property, upon accomplishing majority. Until this happens, her father is her natural guardian.

Wives

Hindu Law,

A married woman has full right over her property and is the sole owner whether it is gifted, inherited or earned by her.

She has the right to gift it to anyone whether in parts or as a whole.

The married woman has the right to maintenance and shelter from her husband.

If the husband is a part of a joint family, she has the right to shelter and maintenance from the family.

In the case of partition of a joint family property (between her husband and his sons), the wife has the right to a share equal to as any other person.

When her husband dies, she has the right to an equal share of his part, jointly with her children and his mother.

Muslim Law,

  • The wife has the right to maintenance as any other wife, if any, and to take action against her husband if he discriminates against her.
  • She has the right to maintain her control over her personal property and goods.
  • The wife in case of divorce has the right that the husband makes fair and reasonable provision for her future which includes her maintenance.
  • The wife has the right to mehr’ as per terms of contract accepted at the time of the wedding.
  • She has the right to inheritance to the extent of one-fourth when there are no kids and if there are kids then to the extent of one-eighth.

Christian Law,

  • The wife has the right to receive maintenance from her husband, and if he doesn’t do so, she has the right to ask for the divorce.
  • The wife upon the death of her husband has the right to receive a one-third share of his estate, and the rest is divided among his children equally.

Mothers

Hindu Law,

  • The mother has the right to receive maintenance from her children who can support her. She is a part of Class I heir of Inheritance Law.
  • In the case of Joint Family, the widowed mother has the right to take the share equal to the share of her son.
  • She has the right to dispose of her property by sale, gift or will as she may choose.
  • If the mother dies intestate, her estate will be distributed among her children equally despite their sex.

Muslim Law,

  • If the mother is widowed or she gets divorced, she has the right to receive maintenance from her children.
  • She has the right to inherit a one-sixth share of her deceased child’s property.
  • The mother’s property will be divided as per the rules of Muslim law.

Christian Law,

  • The mother doesn’t have the right to receive maintenance from her children.
  • She may inherit one-fourth of her children’s property if her kids die without a spouse or any living child.


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By | March 22nd, 2017|Blog, women rights|0 Comments

Child Labour – What You Need to Know

Child labour means the employment of a child in any work with or without payment that strips the child of his/her childhood, education and is physically, mentally, morally and socially harmful.

In India, the child labour has been a long and common practice where children help their parents at their farms and in other activities.

Another concept followed is bonded labour and urban child labour.

  • Bonded Labour is exploitation in which the child is forced to work as a payment of debt taken by his/her parent.
  • Urban Child Labour is where the street children who spend almost all of their life on street work as labourers.

“According to International Labour Organization (ILO), the term ‘child labour’ is often defined as work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical and mental development.”

UNICEF has classified child work into three categories:

  • Within the family – Children are engaged in domestic household tasks without pay.
  • Within the family but outside the home – Example- domestic maids, agricultural labourers, migrant labourers, etc.
  • Outside the family – Example- retail shops, in restaurants and jobs, prostitution, etc.

What are the constitutional provisions against child labour in India?

The Act that regulates child labour is “The Child Labour (Prohibition and Regulation) Act, 1986 which defines a child as any person who has not completed his fourteenth year of age.”

The Act prohibits children from working in any occupation which includes dhabas, domestic labour, hotels, catering or construction work on railways or anywhere near the tracks, automobile garages and plastics factories, places where the process of soap manufacturing, beedi making, brick kilns, tanning and roof tiles units.

The constitution has made various provisions:

  • As per Article 21(A) and Article 45–

The child has the right to Education i.e. the state shall provide compulsory and free education to the children of the age six to 14 years.

  • As per Article 24 –

There is a provision under which a child below the age of 14 years cannot be employed in any mine, factory or hazardous workplace.

  • As per Article 39(f) –

The child’s youth and childhood are to be protected against moral and material abandonment and exploitation.

The International Labour Organization focuses on five key issues related to child labour:

  • Prohibition of child labour
  • Protecting child at work
  • Tackling the core causes of child labour
  • Helping children to adjust to future work
  • Protecting the children of working parents

What are the consequences/adverse effects of child labour on a child’s life?

Child Labour:

  • hinders the education – which affects their future as lack of education causes unemployment, and thus the result is poverty
  • affects the child’s health and growth process
  • is minimum wage, exploitative and dangerous
  • lowers the cost of employment

As per ILO:

  • The children are endangered to accidental and other injuries at work such as burns, cuts, dizziness, tiredness, fractures, lacerations, nightmares, and unreasonable fears.
  • They are harmed on an economic, physical and social level which stays them for their lifetime. Such as:
  • sexual assault, especially sexual exploitations of girls by adults, prostitution, rape which leads to abortions, unwanted pregnancy, HIV/AIDS, sexually transmitted disease (STDs), alcoholism and drugs
  • physical abuse involves punishment, such as caning or flogging known as corporal punishment, emotional abuse such as blaming, making bad remarks, humiliating, verbally attacking, and rejection
  • emotional neglect i.e. depriving the child of family love and affection which results in hopelessness and loneliness
  • physical neglect such as not giving sufficient food, shelter, medical treatment and clothing

Steps taken to eradicate Child Labour:

  • Under ILO a program – The International Programme on the Elimination of Child Labour (IPECL) was launched. It works to eliminate child labour by creating awareness among people.
  • India is a part of IPECL to help combat with the problem of child labour.
  • One of the major programs implemented in India is National Labour Project (NCLP) under which seven child labour projects are set up.
  • To reduce to child labour government of India has adopted a policy called Rehabilitation.
  • NGOs such as CRY (Child Rights and You), CARE India, Child Fund, etc. have also been contributing to government’s effort to tackle child labour in the country.

Child Labour is like a termite which is affecting the strength and growth of Child as an individual and as a citizen and future of the country. It has to be eradicated from routes so that the children of the country can have better future and help in the development of the country.

By | March 21st, 2017|Blog, child labour|1 Comment
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