Entries by legal-web-admin

Delay in Possession by the Builder: What to Do?

Purchasing a home is a significant milestone, and timely possession is a fundamental expectation for homebuyers. However, delays in possession by builders are not uncommon, leading to financial and emotional distress for buyers. If you find yourself in such a situation, it’s essential to understand your rights and the legal remedies available to you. Understanding […]

Minor Property Rights in India: Legal Provisions & Landmark Cases

Introduction In India, minors—defined as individuals below 18 years—are entitled to own property but with significant legal restrictions to protect their interests. These rights are primarily governed by the Indian Contract Act, 1872, the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890. The judiciary has also played a pivotal role […]

Supreme Court’s guidelines on genuineness of Will

The issue of a last Will and testament holds a distinct and crucial position in the legal sphere as it grants individuals the autonomy to determine the distribution of their assets posthumously. The Supreme Court, wielding its authority, has meticulously established a set of rules aimed at ensuring the authenticity of Wills executed prior to […]

NOTARIZATION IN INDIA

A notarised Will is a legal document, representing a person’s wishes about the distribution of their property after their demise, which has been authenticated by a Notary Public. A Notary Public is a neutral third party authorized by the government to perform legal formalities, including verifying the identity of the parties involved and their understanding […]

CRUCIALITY OF ESTATE PLANNING FOR NRI’S

As the number of Non-Resident Indians (NRIs) living and working abroad continues to rise, concerns around NRI estate planning and asset succession have also increased proportionally. With complex cross-border tax and inheritance laws involved, proper NRI estate planning is essential for NRIs looking to pass on their assets smoothly to their heirs in India. In […]

‘Will Is Validy Executed’ Doesn’t Mean ‘Will Is Genuine’

On January 3, 2025, the Supreme Court of India issued a significant ruling addressing the distinction between the valid execution of a Will and its genuineness. The Court observed that proving the execution of a Will as per Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, […]

Making Sense of Money Rights: A Simple Guide to Marshalling and Contribution Rules in Property Law

Have you ever wondered how courts decide who gets paid first when someone owes money to multiple people? Let’s explore the fascinating rules of marshalling and contribution under India’s Transfer of Property Act in everyday language. Understanding Marshalling: The Fair Play Rule Think of marshalling like a traffic policeman directing vehicles. It helps organize who […]

Your Final Gift: A Simple Guide to Planning Your Legacy in India

Ever wondered what happens to your precious belongings after you’re gone? Let’s talk about testamentary disposition in India – don’t worry, we’ll keep it simple and friendly! What’s This All About? Testamentary disposition is just a fancy way of saying “planning who gets your stuff through a will.” It’s like making sure your final wishes […]