Adv. Sarika Khude's Blog

1. This act was made to amend the laws relating to the succession of property and assets among Hindus when someone dies without making a will.  2. This Act applies to the citizens of India belonging to the religion of Hindu, Buddhist, Jain, or Sikh.  3. Section 6 was amended during the 2005 Hindu Succession (Amendment) Act and includes:  1.  In a joint Hindu family, a daughter has equal rights the same as the son of the family.    2.  Daughter will be allotted the same share of the property as the son.    3. The succession of property should be done based on the will or intestate succession and not by survivorship.    4.  The share of any deceased member of the family should be allotted to his surviving child or grandchild.    5.  Any successor inheriting assets of his predecessor will not inherit the debt amount exceeding the value of the assets.  4. Section 8 specifies the following general rules of intestate succession in the cases of males;  1. 

1. The Protection of Children from Sexual Offences Act (POSCO ACT) was formed in 2012 to protect children below the age of 18 years from serious crimes like sexual abuse, sexual harassment, and pornography. 2. This Act also intends to provide a child-friendly system for the trial of these offenses. 3. Under the POSCO Act it is the duty of the Police to report any offenses related to a child to the Child Welfare Committee inside 24 hours so that the Child Welfare Community can take necessary steps for the security and safety of the concerned minor. 4. There is a provision for medical examination of the child under this act. Doctors should conduct these medical examinations under the guidance of the concerned minor parents or guardians or anyone the child trusts in such a way that it inflicts the minor as minimum pain as possible. If the victim is a girl child, then only a female doctor should do the medical examination. 5. The Court  must do the hearing of th

1. If you are the owner of a property and you do not file a case or evacuate the mortgagee in possession of your property within 12 years, the person in possession of the property will become its new owner and you will lose your ownership.  2. On 7th August 2019, the Supreme Court of India made the following statement on this matter; No one can remove the mortgagee in possession of the property without proper legal action. If the squatter is possessing a property illegally for over 12 years, then the legal owner doesn’t have the authority to remove him. In these situations, the squatter will get the legal rights and ownership of the property.  3. Supreme Court clarified that if a mortgagee in possession becomes the lawful owner of the property, then even the real owner of the property doesn’t have the authority to remove him. If the previous owner forces him to leave the property, then he is legally allowed to file a case against the real owner and get his property

6th September 2018 is a historic day for our country. On this day, the Supreme Court of India legalized homosexuality in our country. India joins 125 other countries where people of the same gender may have physical relations with each other.  1. Indian Penal Code Section 377 specifies that any kind of unnatural sexual relations is illegal in our country. This includes any kind of sexual relationship between two females, two males or between a human and an animal.  2. But now the Supreme Court of India has decriminalized consensual intercourse between people of the same sex and read down Section 377 thus providing a huge boost for the LGBTQ community. But, till now there are no provisions made for the marriage between homosexuals.  3. The Supreme Court based its judgment on the recognition that sexual orientation is a natural and inherent biological phenomenon and it does not depend on the matter of choice of a person.  4. As per Section 377, it was a punishab

1.  With the help of the Negotiable Instruments (Amendment) Act 2018, new provisions related to interim compensation are added in the Negotiable instruments Act 1881.  2.  It adds two new sections to the NIA 1881 ; Section 143A and Section 148 to limit the issues of dishonor of cheque and to stop the injustice that a cheque bearer faces after the dishonor of the cheque.  3.   In the cases of dishonor of cheques the drawer drags the case longer to avoid the payment and before this amendment, the cheque holder was not entitled to any kind of compensation until the Court fully resolved the case. The Negotiable Instruments (Amendment) Act 2018 focuses on this unfair issue faced by the cheque holder.  4.  The newly added Section 143A gives power to the trial court to allow interim compensation to the complainant of dishonor of cheques when the accused pleads not guilty.  5.  Section 143A specifies that the interim compensation provided shall not exceed twenty perc

Our country is the biggest democracy in the entire world and the Indian constitution provides many legal rights to its citizens. But most of us are not aware of these rights. Here are 20 legal rights every citizen of India should know;  1.    According to the Motor Vehicles Act, 1988 , Section–185 & 202, the Police can arrest you without a warrant on the charges of drinking & driving if your alcohol consumption is more than 30mg per 100ml of blood.  2.    According to CRPC, Section 46, no women can be arrested after 6 in the evening or before 6 in the morning.  3.    According to IPC, Section 166A , a police officer under any situation can not refuse to write a FIR. This is a punishable crime that may lead to a police officer being jailed between 6 months to 1 year.  4.    According to Indian Series Act 1887 , Any kind of hotel doesn’t matter how big it cannot refuse you from using their washroom or drink their water.  5.    According to IPC, Section

After revoking of article 370 and introduction of Jammu & Kashmir re-organization bill, the state of Jammu & Kashmir is separated into two Union territories. But what exactly is a Union territory? And why are union territo ries formed? Every state of India has its own elected government in the form of state government. The state government has the power to make and amend laws. Unlike a state, a Union territory doesn’t have its government. These federal territories are directly governed by the union government, hence the name Union territories. It is the duty of the president of our country to elect an administrator or a lieutenant governor for every union territory. The administrators of Andaman & Nicobar, Delhi, and Puducherry are called lieutenant governors (LG). While Chandigarh, Dadar & Nagar Haveli and Daman & Diu governing officers are called administration. An Union Territory may or may not have an assembly and council of minister

On 5th May 2019, the central government of India through a presidential order scraped article 370 and 35A that gives the state of Jammu and Kashmir their special status along with with introducing Jammu and Kashmir re-organisation bill. The state of Jammu and Kashmir was given following special status through article 370; 1.    The state has its flag without the necessity of respecting our national flag. 2.    The citizens of Jammu and Kashmir had dual citizenship ; i.e. they were the citizens of both India and Jammu & Kashmir. 3.    The Indian citizens didn’t have the right to vote in the state of Jammu & Kashmir as anyone outside of the state may not register on the voter's list. 4.    The orders of the Supreme Court were not valid in the state. 5.    Any Indian citizen who is not a citizen of Jammu & Kashmir could not buy any land in the state. 6.    The parliament had limited rights to make laws for the state. After revok

Rajya Sabha passed the Motor Vehicles (Amendment) bill on July 31, 2019. The bill seeks to amend the Motor Vehicles Act 1988 . The new set of laws are meant to increase road safety by encouraging people to obey traffic laws. Traffic fines have been increased heavily under this rule and few new fines have been made. Here are some key points to keep in mind: 1. For breaking any general traffic rules earlier 100 rupees was fined but now it has been increased to 500 rupees. 2. Travelling on a bus without a ticket used to incur a fine of 200 rupees, which has been increased to 500 rupees. 3. The fine for not obeying traffic officials used to be 500 rupees, which have been increased to 2000 rupees. 4. The fine for driving without a license was 500 rupees, which have been increased to 5000 rupees. 5. The fine for breaking the speed limit was 400 rupees which have been increased to 1000 rupees for LMV (light motor vehicles) and 2000 rupees for MMV (medium moto

1. If a Muslim husband  gives his wife three talaq at once which means if he either writes or says ‘talaq, talaq, talaq’ then this form of divorce is called triple talaq. 2. This form of divorce is mostly practised by the men of Muslim society in which any Muslim man by saying talaq three times could end his marriage. 3. The difference between one or two talaq and three talaq is that if a husband gives his wife one or two talaq, then they can remarry after that but in case of triple talaq they can not remarry. 4. After triple talaq,  the divorced wife is free and can marry any other man. We know this as ‘nikah halala’ or taheel marriage. But with the death of the second husband or another divorce then the woman can marry her earlier husband. 5. In 2017, the Supreme Court made the triple talaq invalid, so if a Muslim husband gave his wife triple talaq then it would not be considered a legal divorce. 6. The provisions made in the triple talaq laws are;

1. In India, the amount charged by a lawyer is unchecked. Different professionals charge different amounts depending upon the case, client status and their paying status, which leads to extreme fee variation. However, the growing numbers of lawyers demanding astronomical fees from their clients is a major concern. This mostly affects the poor and backward societies, as high consultancy fees exempt them to get legal consultancy from the top lawyers of our country. 2. The advocate's fee rules don’t put any limit to the money claimed. The Supreme Court Rules 2013 allows a lawyer to charge a maximum of rupees 8000 per hearing, which is hardly a tiny part of the amount that is billed. 3. We see that the best lawyers of our country charge as high as Rupees 15-20 lakhs for a mere appearance in the court. Some lawyers can charge anything between rupees 3-6 lakhs for high court cases only. And if the lawyer has to travel to the high court, then he can even increase the cha