Entries by legal-web-admin

Hindu Daughter After Converting to Islam Does Not Lose Inheritance Right

In India, questions about inheritance rights often arise when a person converts from one religion to another. One common misconception is that a Hindu daughter who converts to Islam loses her right to inherit property from her Hindu family. However, Indian courts have consistently ruled that conversion does not strip a person of their inheritance […]

Family Property Partition for NRIs and OCIs in India: A Legal Perspective

India is home to a large Non-Resident Indian (NRI) and Overseas Citizen of India (OCI) population, with millions of individuals living and working abroad. For many NRIs and OCIs, family property disputes and partition issues in India often remain unresolved due to geographical distance and legal complexities. Family property partition, a fundamental aspect of inheritance […]

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, […]