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HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA?

HOW TO OBTAIN A LEGAL HEIR CERTIFICATE IN INDIA ?After a sudden demise of a family member, his/her legal heirs must obtain a legal heir certificate in order for transferring the assets of the deceased. In order to establish the relationship between the deceased and his/her legal heirs legal heir certificate is a very important document. After obtaining the death certificate from municipality/ municipal corporation, it is necessary for the successors to apply for this legal heir certificate in order to claim their right over the properties and dues of the deceased person. Generally, a lawyer helps to draft and register a legal heir certificate. WHO ARE LEGAL HEIRS? The persons hereinafter mentioned are considered to be the legal heirs and can claim a legal heir certificate in India : 1. Parents of the deceased2. Siblings of the deceased 3. Spouse of the deceased4. Children of the deceased HOW LEGAL HEIR CERTIFICATES ARE DIFFERENT FROM SUCCESSION CERTIFICATES? Legal heir certificates are different from a succession certificate and has its own limitations.• Legal heir certificates can be used in matters such as claiming employee benefits, insurance claims and for property claims. • Unlike Indian Succession act a legal heir certificate is not a conclusive proof under the law of succession in India USES OF LEGAL HEIR CERTIFICATESA legal heir certificate identifies the rightful successors who can claim the assets/properties of the deceased person.To lay a claim over a deceased person’s property all eligible successors must have this certificate for :1. Claiming insurance2. Sanctioning and processing family pension of the deceased employee. 3. Transferring the deceased person’s assets and properties to his /her successors. 4. Receiving dues such as gratuity, provident fund etc from the government. 5. Receiving salary arrears of the deceased. 6. Gaining employment based on compassionate appointments. PROCEDURE FOR OBTAINING LEGAL HEIR CERTIFICATETo obtain Legal Heir certificate You must approach the area/Taluk Thasildar, or from the corporation/municipality office of your area, and also the District civil court. The certificate names all legal heirs of the deceased person and will be issued to you only after a proper enquiry. To obtain a Legal Heir Certificate you must follow the steps listed below:1. APPROACH THE TALUK OFFICEThe applicant has to visit the Tehsildar or Taluk office. An alternate option is when the he chooses to approach a lawyer from the District Civil Court.2. RECEIVE THE APPLICATION FORMThe applicant will have to obtain the application form from the concerned Tehsildar officer.3. ENTER THE DETAILSThe applicant then will have to enter all the required details in the application form.4. ATTACH THE DOCUMENTSOnce all the details are entered, the applicant will have to attach all the mandatory documents to the application form.5. AFFIXING STAMPThe applicant will have to to affix a stamp of Rs. 2 in the application form.6.SUBMIT THE APPLICATIONOnes this is done, he applicant has to furnish the application form to the authorized officer in the Tehsildar office.7. VERIFICATION PROCESSThereafter the application is verified by the Village Administrative Officer and Revenue Inspector.8. ISSUING THE CERTIFICATEAfter completing all the verification processes, the certificate will then be issued by the concerned authority mentioning all the legal heirs of the deceased. Generally it takes 30 days to obtain a Legal Heir Certificate but you have to approach the Revenue Division Officer (RDO) or the sub collector if there is an unnecessary delay or the concerned authorities fails to respond.REQUIRED DOCUMENTS TO OBTAIN A LEGAL HEIR CERTIFICATEThe following documents are required to be submitted to the appropriate authority in order to obtain a legal heir certificate: • Signed application form•Identity/address proof of the applicant( voter id/ Aadhar card/driving licence/passport or any other government issued identity card) • A self undertaking affidavit• Death certificate of the deceased• Address proof of the deceased( any valid identity proof or telephone/mobile bill, gas bill, bank passbook with the name and address of the deceased) • Date of birth proof of all the legal heirs. ( Birth certificate , school transfer/leaving certificate, PAN card, passport, etc)

Posted By

Sayaree Ganguly

6 days ago

MATERNITY BENEFITS AND THE NEW CHANGES

MATERNITY BENEFITS AND THE NEW CHANGES. Maternity relates to a state of being a mother. Maternity leave is given to a woman who is pregnant and is allowed to be absent from work in the weeks before and after she gives birth to a child.In this blog, I shall be discussing about the maternity benefits and the new changes that has been introduced in the present era.INTRODUCTION Today there are plenty of women employees ballooned within the markets in India. It was obvious and the need for maternity benefits became an increasingly common trend which is initiated for the well- being of the mother and her child. It was in 1961, that the Maternity Benefit Act 1961, which aimed at regulating equal benefits for women employees was passed by the then Indian Government. There were several international organizations which recommended a maternity leave for minimum 24 weeks for the welfare of both the mother and the child.THE AMENDMENTThe Maternity Bill is an amendment to the Maternity Benefit Act, 1961. It was passed in the Rajya Sabha on August 11, 2016; on March 09, 2017 in Lok Sabha and finally received an assent from the President of India on March 27, 2017.It is from April 1, 2017 that the provisions of The Maternity Benefit Act, 2017 are effective.The Maternity Benefit Act 1961 had laws to protect the employment of a women during her maternity period and she got entitled to maternity benefit which means full paid absence from work so that she can take care of her child. This Act is applicable to all the establishments employing 10 or more employees. NEED FOR MATERNITY BENEFITS1.    The foremost reason for availing maternity benefits is to help a new mother adjust with her new role and to protect the health of the mother along with the well-being of the child.2.    Moreover, maternity leave is essential for strengthening families and also helps in inculcating the right values in infants.3.    In this competitive world where both the spouse have to work for a decent living, the fact remains unavoidable that this situation has led to more women joining the work field and thus they have to juggle multiple roles in the family.Thus, Maternity leave and other such benefits permit women to play various roles like providing financial support to the family and also allowing them to stay at home in between the formative years of the child. APPLICABILITYThis act is applied to all the women who work in an establishment having 10 or more employees, engaged directly or through a consultant. Dismissal of a pregnant woman is considered unlawful. In case any employer dismisses a female employee on the grounds of pregnancy and is found guilty of doing so shall be punished under section 12 of the Maternity Benefit Act, 2017. DURATION OF LEAVEThis Act increases the length of the paid maternity leaves to 26 weeks from 12 weeks and this period is applied to women nurturing their first or second child. In case a women is expecting her third child or higher will get a paid maternity leave for a period of 12 weeks which is further split in the form of 6 weeks pre- delivery and 6 weeks post-delivery.This act now is even applicable to adoptive mothers and so every such mother is liable to receive 12 weeks of paid maternity leave.To add to the benefits, this act has even introduced a new option which is ‘work from home’ options for the new mother. Through this, women can opt to work from home as per the requirement after the stipulated time period of 26 weeks. CRECHES FACILITYThis act makes it compulsory for factories and shops which have employed more than 50 women to have within the factory a crèche facility and women employed in the establishment should be permitted to use this facility at least four times in a day. AWARENESSThis act makes it mandatory for the shop owners and employers to create awareness about the benefits and ensures that the eligible women get their rights and all such information must be made accessible to employees either in writing or electronically. MAJOR CHANGES IN THE PRESENT ERA·      The duration of paid maternity has been increased now from 12 weeks to 26 weeks.·      The accessibility to the paid leave has now been extended to eight weeks before the expected due date instead of the previous six weeks.·      This benefit has now been extended to commissioning and adoptive mothers.·      ‘Work from home’ option has been introduced which can be opted after the expiry of the paid leave period for which terms and conditions have to be negotiated by the employer.·       It is now compulsory for the establishments having more than 50 employees to have an in-house crèche facility.·      Women have permission to use the crèche facility for a maximum of four times a day.·      Education of women about their rights to such benefits is now mandatory. SIGNIFICANCEThe paid leave has been extended from 12 weeks to 26 weeks which is a welcome change that goes in line with the commended time for such leave as prescribed by the World Health Organization (WHO). This extension eventually helps in nurturing the healthy development of both the new mother and the infant. Also, as per the latest amendment in accordance with practice suggested by the Maternity Protection Convention, 2000 which further indicates at least 14 weeks of maternity benefits for a new mother. Moreover this change in the present era has helped to improve India’s rank concerning benefits provided to mothers. India now ranks third worldwide after Canada and Norway in the number of benefits provided to women. DISADVANTAGES·      Many scientists believe that these changes encourages patriarchy as it shifts the responsibility of childbearing towards the mother.·      Many firms do not allow women to apply for job vacancies as they will eventually have to extend these privileges to them at the time of childbirth and thus this has an adverse impact to the job opportunities available to women.·      In many cases it is found that such provisions lack clarity and thus, making implementation becomes difficult.CONCLUSIONDespite of the fact that the maternity benefits available to women is increasing and is a welcome step, the government needs to make sure that the industries do not lose their competitiveness because of such provisions. In case the government could help in bringing about more uniformity in labo laws involving maternity benefits, it would result in serving women all over India in handling responsibilities entitled to them.     

Posted By

Neha Roy

6 days ago

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Consult and Get Legal Advice from Adoption Expert Lawyers in Kolkata

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Banking
  • Civil
  • Commercial
  • Criminal
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. I handle both Civil and Criminal Matters along with the matters at Tribunals like AFT and Consumer Forum. I have earlier worked for State Bank of India (SBI), Infosys & Hewlett Packard (HP). View Full Profile

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Civil
  • Administrative Law
  • Child Custody
  • Commercial
Advocate Robert D Rozario has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically and has acquired over 15 years of professional experience in providing legal consultancy and advisory services. View Full Profile

RANJAN KUMAR ROY

lawyer
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Animal Laws
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Government Contracts

KISEN KUMAR AGARWAL

Practising Advocate
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Debt and Lending Agreement
  • Financial Markets and Services
  • Intellectual Property
  • Landlord and Tenant

Debanjan Das

Advocate at High Court at Calcutta
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Advertising
  • Animal Laws
  • Aviation
  • Debt And Lending Agreement

Prodip Kar

Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Animal Laws
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Environment and Natural Resources

Satyjit Saha

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Debt and Lending Agreement
  • Government Contracts
  • Landlord and Tenant
  • Power of Attorney

Dipanjan Bhattacharyya

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Media, Communication, Entertainment
  • Police Laws
  • Power of Attorney
  • Torts

Aneek Pandit

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Animal Laws
  • Intellectual Property
  • Media, Communication, Entertainment
  • Power of Attorney

Saikat Sikdar

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Adoption
  • Intellectual Property
  • Landlord and Tenant
  • Mail Fraud
  • Media, Communication, Entertainment
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  • Do you want to adopt a child?
  • Are you confused on what are the legal procedure to adopt a child?
  • Can a male adopt a girl child?
  • Are foreigners allowed to adopt children from India?
  • What is the minimum age to adopt a child?
  • How much time does it take to complete the process of adopting a child in India?
  • Can a person from one religion adopt a child from another religion?
  • What are the legal rights of an adopted child?
  • What are the rules and laws that govern adoption in India?
  • Who is eligible or who all can adopt a child in India?
  • Can a single parent adopt a child?

Adoption is an important legal process and one must engage an adoption expert advocate to ensure that adoption is done in a legal and rightful manner.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your adoption related queries and also guide you to complete the adoption process with ease.

About Adoption Laws


Adoption is a legal process and is very strict in nature because it can lead to multiple complications (like inheritance and succession issues) and illegal activities (like human trafficking). For that reason, whenever adoption is sought, all the prospective adoptive parent(s) invariably engage adoption lawyer to ensure that the legalities are met without any hassles. All adoption process is completed with the final act of having and executing an adoption deed as ordered by the court of law.

Having said this it is critically important that the prospective adoptive parents hire a right lawyer who can guide them and assist them in adopting a child in a rightful manner.

So, what Vidhikarya can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

We at Vidhikarya endeavour to help you and assist you in finding the right lawyer in your city or otherwise so that you can go ahead and peacefully get your legal matter resolved. You do not have to worry on how to hire a lawyer or find an advocate for your matter. You can simply dump the question of “find an advocate in my city” to Vidhikarya and just relax.

What the adoption law is and what it does?


Adoption is a process wherein a child is taken into a family lawfully and post adoption the child gets all the legal rights from the adopting parent(s) as a biological child would have got. Post adoption the child loses all the legal rights to be transferred from the biological parents that he/she may have got.

Generally, adoption helps the society in two ways. Firstly, the parent(s) who are either issueless or have enough resources to support more kids get a chance to adopt and provide a good environment to the child. The adopting parents enjoy the bliss of having a child in their lives. Secondly, the child who is getting adopted, usually, gets an opportunity to lead a more conducive and better life. Most of the times in India a child is adopted from orphanages and that give the child a fair and right options to live a fruitful life and be part of the mainstream society.

All said and done our Adoption process is nicely regulated and our government has enacted laws to ensure that trafficking and other illegal activities are not done in the garb of adoption.

What are the applicable laws to this topic?


Hindu Adoption and Maintenance Act of 1956
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex.

Guardian and Wards Act of 1890
Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age. Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian.

Juvenile Justice (Care and Protection) Act of 2000
A part of these laws deals with adoption of children by non-Hindu parents. However, this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.

Some important facts and cases about and under Adoption law


Personal belief and faith cannot dictate the adoption
In the case of Shabnam Hashmi Vs. Union of India and Others, 2005, the Supreme Court has decreed that prospective parents irrespective of their religious background are free to adopt children after the prescribed procedure. The court in its order said that 'personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.

Interest of the Child comes first
Noting that the interests should be kept “first and foremost” during adoption, the Supreme Court on Monday directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption to make the process transparent, friendly and fool-proof.

“Whether it is in-country or inter-country adoption, the interest of the child should be supreme. There should be no compromise whatsoever,” Chief Justice of India T.S. Thakur, who headed a three-judge Bench, told the Centre.

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