Ownership of a property plays a key role in upholding the strength of an individual giving them an opportunity to maintain themselves and their families. Keeping the importance of land as valuable and critical resource in consideration, Hindu Succession Act, 1956, an enabling statute was enacted with the sole purpose of codifying the law related […]
One of the most common issues that arise in the sphere of property disputes is the ambiguity regarding the Will document and the various conflicts therein. This makes it necessary for any individual to understand how the inheritance laws work in India – so that all can understand what their eligibility for inheritance is. The […]
The term “Relinquishment” refers to the abandoning and surrender of the rights, title and interest, by one co-owner of a property in favour of the other co-owners. Relinquishment deed is a legal document where under a legal heir gives up or releases his legal rights in an inherited, parental or joint property in favour of […]
Practicing any religion is a fundamental right in the constitution. However, there is no uniform code or specific law that governs the idea of inheritance of property in the nation. The general laws relating to inheritance can be directed to The Indian Succession Act, 1925, applicable to all Indian citizens, the exceptions being Hindu, Muslims, […]
Relinquishment; as flamboyant the word in itself, as is its concept under law. Relinquishment or Haq-Tyag as it is known in some parts of Rajasthan and Uttar Pradesh refers to Transfer of an Inherited Property by One Co- Owner in Favour of another. Such an abandonment or surrender of Rights over a Property Inherited or […]
No matter however ancient is the concept of will or vasiyaat in India, it is still practiced only among the more gentry class of the country. Will is basically a legal declaration by a man with respect to inheritance of his self acquired property. But for several reasons like lack of awareness, complex family structure […]
(Nayanben Firozkhan Pathan v/s Patel Shantaben Bhikabhai)In a recent judicial progressive interpretation on a major question:‘whether a Hindu daughter can inherit from her father after getting married to a Muslim and embracing Islam’ was answered on 29thSeptember, 2017 by Gujarat High Court while interpreting the case of NayanBen Firozkhan Pathan. It was referred to Justice […]
What is Inheritance of Property?Inheritance is passing on the property, titles, debts, rights, and obligations to another person upon the death of an individual.Which Act governs Inheritance Law in India? The Hindu Succession Act, 1956 was established to assure equal inheritance rights to both sons and daughters. It implements to all Hindus inclusive of Buddhists, […]
For an NRI to own and maintain a property in India is always a bit cumbersome. On top of that when it comes to inherited property it becomes somewhat more difficult because then they are obliged towards the property. Thus, it becomes essential for them to be aware of all the rules – regulation and […]