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19 Important Points to Note About Succession Certificate I 2020

Succession Certificate 1.   A succession certificate is an order issued by the Court of Law to the legal heirs of the deceased person who died without writing a will, leaving behind debts and securities. When a will made by the deceased person is present, a succession certificate doesn’t apply. 2.   A succession certificate certifies that the concerned person is the legitimate successor of the deceased person and is entitled to get any legal assets left by the deceased person. 3.   A succession certificate also allows the person to make payment of the debt or transfer securities to another person without having to put a legal heir title on him. Succession Certificate 4.   Section 372 of the Indian Succession Act, 1925, enables a person to apply for the grant of succession certificate regarding debt or security of the person who dies intestate. 5.   A civil court is authorized to issue a succession certificate only after a petition made by the legitimate

Legal Heir Certificate Format I download pdf copy

Legal Heir Certificate Format 1. According to the Bombay Regulation Act when a member of a family dies then the next Legal heir can apple for the Legal heir Certificate. 2. This certificate is generally required for the legitimate heirs of the person who passed away and can be used by lawful heirs for pension claims, provident fund claims, insurance claims, gratuity, retirement benefits, service advantages, etc. 3. A legal heir certificate cannot be used in the matter of property transfer where a person dies without a valid will and also cases related to money establishments. In these cases, we require a succession certificate. We mostly use the Succession Certificate for inheriting the property left behind by the dead person for his heir. Legal Heir Certificate Format  Procedure for getting legal heir certificate 4. Only the legal heirs of the dead person are eligible to apply for a legal heir certificate . Legal heir includes Husband/Wife or Son/Daug

Indian Evidence Act, 1872–Burden of Proof (Section 107 & 108): Top Points

Indian Evidence Act, 1872 Indian Evidence Act 1872–Burden of Proof (Section 107 & 108) 1.    Indian Evidence Act was enacted on 15th March 1872 and came into force on 1st September 1872. This act was also applied in Pakistan until 1984. It contains a set of rules and allied issues governing the admissibility of evidence in the Indian Court of Law.  2.    Burden of Proof is covered under Sections 101–114 of the Indian Evidence Act, but the term Burden of Proof has not been defined in the Act. It has two distinct meanings;  1.  The Burden of Proof as a matter of Law and Pleading: According to this definition, the party providing facts during pleading has the burden to prove the facts. 2.  The Burden of Proof as a matter of Adducing Evidence According to this, it is the burden of the party to prove their facts to adduce evidence. 3.    Section 101 of the Indian Evidence Act states that the burden of proof is on the party who is saying.  4.    In simple wo

ipc 506 & 504 : 9 Top Points

1.     IPC or the Indian Penal code is the main criminal code of India. It defines the crime conducted by the citizens of India and punishments for committing them. IPC was implemented in the year 1807 during British rule and except for the Indian Army, it applies to the whole country.  2.     Section 504 and 506 of the Indian Penal Code deals with any intentional insult to provoke the breach of peace and punishment for criminal intimidation, respectively.  3.     Section 504 of the Indian Penal Code specifies that if a person intentionally insults another person or intentionally provokes another person intending or knowing that such provocation would ultimately cause him to commit any offense or break public peace then he/she will be charged under IPC 504. If found guilty, the Court shall punish the accused with imprisonment which may extend up to two years, or with a fine, or with both.  4.     Section 506 of the Indian Penal Code specifies that if a person intim

IPC Sections 323, 324, 325 & 326–Laws on Assault in India

1.       The cases of fighting, harming or injuring someone is taken as a very serious crime in our country. Section 323, 324, 325 & 326 of the Indian Penal Code provides the guidelines on how to tackle these crimes and the punishments if committed.  2.       General or simple assaults is not considered as a cognizable offense and therefore while these matters can be reported in the police station, the Police will not directly file a FIR. The complainant can request the Court to file a FIR by applying before the court. Cases of simple assaults are registered under IPC 323.  3.       If someone gets beaten up or injured by someone, the victim should do a Medical-Legal Certificate or MLC, which can be used as proof in the Court. Any doctor can do MLC after a fight and it contains the complete information of the assault and the injuries suffered by the victim.  4.       If someone is harmed or injured by a deadly weapon during an assault, then this case comes

National Register of Citizens of India (nrc documents and draft)

1.       According to the Citizenship Act 1955, it is the responsibility of the union government to gather information about every family living in our country.  2.       In 2004, Section 14A of Citizenship Act 1955 was an amendment under which it is mandatory for every citizen of Indian nationality to register themselves on the National Register of Citizens (NRC). It was updated in 2015-16 to specify that except Assam and Meghalaya, the entire country’s population must be registered.  3.       The union government started the NRC Act to stop the people living illegally in Assam. Counted among the world’s largest campaigns works based on detect, delete, deport under which it will be detected whether a certain person is an Indian citizen and those people not belonging to India will be sent to their respective countries.  4.       Assam is the only state where the citizenship register system is in place. This citizenship register system in Assam differs from the

Top 13 Points In Specific Relief Act Amendment 2018 in pdf

1. Specific relief act was made in 1963 and was further amended in 2018. We see tremendous economic development in our country after the formation of the Specific Relief Act of 1963, which has further helped to increase the commercial activities of our country like the foreign direct investment, public-private partnership, public utility infrastructure development, etc.  2. With passaging time the outdated laws present in SRA 1963, lead to delaying of infrastructure projects and other contractual projects. To tackle this situation amendment to SRA was made in 2018. 3. With the new amendment, the government changed the complete overview of the Specific Relief Act. Earlier damages were taken as norm overlooking specific performance, but now with the new laws, specific performances are the norm.  4. The following are the key features of the Specific Relief (Amendment) Act 2018; Recovery of possession, specific performance as a general rule, substituted performance,

Hindu Succession Act Notes In pdf

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. 

Top 13 Points: POSCO Act Rules - 2020

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

Protest within 12 Years or Lose Your Property: Top 9 Points - 2020

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

Section 377 verdict In Hindi Debate Supreme Court Judgement pdf

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

2019- IPC Section 375 & 376–Law for Rape & Punishment in India: Top 15 Points

1. Indian Penal Code 375 specifies that a man commits ‘rape’ when               1. He forcefully tries to make physical relations with any woman.              2. Forcing a woman into physical intercourse or oral intercourse or any kind of other sexual abuse.               3. Sexually abusing the private parts of any woman or using their private parts or any object against the body of a woman without their consent.                4. Undressing a woman without their consent with the intention of sexual intercourse or attempting sexual intercourse without removing their clothes. 2. Irrespective of the age of women, the Indian Constitution considers the above circumstances mentioned as rape. The age factor plays a very important role in cases of rape. Involving in sexual intercourse with an underage girl, even with her consent, is considered as rape. 3. In the following circumstances, the court will not consider the consent of a woman as consent;        

Negotiable Instruments Act 2018 Amendment pdf Gazette Notification: Top 12 Points

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