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Hindu Daughter After Converting To Islam Does Not Lose Inheritance Right

By | December 30th, 2017|Blog, inheritance law, judgement|

(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 [...]

Can a divorce be filed outside India if marriage takes place in India?

By | August 16th, 2017|judgement|

When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired. However little is it known that the position with respect to the matter pertinent is very much [...]

Nomination is not the WILL

By | August 3rd, 2017|judgement|

If you die intestate (without leaving a WILL document), The Natural law of succession will prevail The Court in present case once again had to decide between Morality and Law and settled that law prevails. The matter before the court was in relation to Relinquishment of Succession Right when Heirs have separated themselves from Deceased [...]

Evicting a tenant on the basis of personal necessity

By | July 25th, 2017|judgement|

Landlord can now seek eviction  on the ground of bona fide requirement of tenanted premises for the purposes of  business requirement of the son, daughter or any other member of the family dependant on him or her. The High Court has held in the case of  Bhupinder Singh Bawa v. Asha Devi  that there is [...]

Forcing Husband to separate from his parents can lead to divorce

By | July 21st, 2017|judgement|

In one of the most talked about judgments of 2016, the apex court states that forcing husband to separate from his parents home amounts to cruelty. Justice Anil R Dave and Justice L. Nageshwara Rao of Supreme Court in the case of Narendra vs. K Meena held that continuous efforts of a wife to separate [...]

When can a Consumer file a complaint?

By | July 20th, 2017|judgement|

The time period for filing a complaint for a consumer from the date of violation of a right is 2 years. The law in this regard is laid down in Sec24-A of Consumer protection act of 1986 The Supreme Court however in this Landmark Judgement of National Insurance Company Ltd. Vs. Hindustan Safety Glass Works Ltd. [...]

Verdict on euthanasia or mercy-killing

By | July 19th, 2017|judgement|

In 2016 Justice K. Kannan of Punjab and Haryana High Court, while giving an oral judgment on insurance claim quoted a US Supreme Court verdict on Euthanasia. ‘Euthanasia’ or “mercy-killing” as it is known in common language, is the painless killing when somebody is suffering from an incurable and painful disease or maybe even coma. [...]

WILL: Shrouded in Mystery

By | July 17th, 2017|judgement|

There have been numerous cases where the Will of a person has been questioned by the courts. It is not uncommon for the High Court to find it suspicious and dispel the wishes of the testator only to be reversed by the Apex Court. A very similar situation took place in Mahesh Kumar (D) By [...]

Attesting Witness to Appear before the Court for proving the Will

By | July 14th, 2017|judgement|

A Will is basically a legal declaration of the intention of the person regarding the enjoyment of his properties after his death. According to law, a Will is required to be signed by the testator ( the person who has made the Will) or any person in this behalf authorized by him and has to [...]

Co-owners own every part of the joint property together

By | July 12th, 2017|judgement|

The Apex court once again upheld it’s principle that co-owners of a joint property enjoy the ownership of the whole property along with other joint owners. A layman’s explanation of this judgment can be expressed in the following method. Let us say that A and B are co-owners of a joint property. Now the joint [...]

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