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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

4 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

4 days ago

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Consult Top Consumer Protection Expert Lawyer in India

Precinct Legal

Partner
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Bankruptcy and Debt
  • Civil
  • Cheque Bounce
  • Contracts and Agreements
Precinct Legal is a full service law firm based out of Bangalore catering to all the legal needs, be it litigation or corporate. View Full Profile

Ravinderreddy Advocate

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Consumer Protection
  • Criminal
  • Administrative Law
  • Adoption
  • Arbitration And Mediation
I am practicing in high court of Telangana at Hyderabad civil criminal writ petition all type cases View Full Profile

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Consumer Protection
  • Civil
  • Admiralty and Maritime
  • Banking
  • Cheque Bounce
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile

Sandeep Hegde

Advocate & Legal Consultant
Exp
Bangalore , Karnataka

Specialization

  • Consumer Protection
  • Divorce
  • Corporate and Incorporation
  • Contracts and Agreements
  • Criminal
We are multi-facet law firm having expertise & specialization in family law, Divorce laws, etc. We also provide corporate consulting which include contract drafting, reviews, Negotiation, etc. We help companies in developing business model in compliance with regulation. View Full Profile

Anshul Gupta

Lawyer Partne
Exp
South Delhi , Delhi

Specialization

  • Consumer Protection
  • Property
  • Real Estate
Mr. Gupta is a Lawyer registered in the Bar council of Delhi. Mr. Gupta is a top lawyer in home buyers dispute. He is representing Clients in matters against SuperTech, Emmar MGF, Logix, etc , He sees the matters of delayed possession of the property, in RERA, NCDRC, NCLT and Supreme Court View Full Profile

Anilesh Tewari

Advocate, Founder AT Law Chamber
Exp
Lucknow , Uttar Pradesh

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Real Estate
  • Contracts and Agreements
  • Arbitration and Mediation
Advocate Anilesh Tewari has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. He is an alumni of Jamia Millia Islamia. View Full Profile

Neeraj Kumar

Advocate
Exp
Patna , Bihar

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Employment and Labour
  • Bankruptcy and Debt
  • Contracts and Agreements
I am a practicing Advocate at Patna High Court & Delhi High Court having experiences in handling the cases related with Family Disputes, Property Disputes, Service Matters and also the matter related under SARFAESI Act. Apart from the above I am having experiences in Consumer and Labor Cases too. View Full Profile
Total Answers Given : 126

RANPAL AWANA

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Consumer Protection
  • Cheque Bounce
  • Civil
  • Criminal
  • Divorce
Total Answers Given : 1

Tanu Singhal

Advocate
Exp
Delhi , Delhi

Specialization

  • Consumer Protection
  • Criminal
  • Civil
  • Family
  • Cheque Bounce
Advocate, practicing in Delhi High Court along with District Courts across Delhi NCR, deals in all CIVIL and Criminal Matters including Draftings and DOCUMENTATIONS. View Full Profile
Total Answers Given : 1

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Consumer Protection
  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
18 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile
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  • What is consumer protection law?
  • Is there any specific Act or Rule for consumer protection in India?
  • How can one file a consumer complaint in India?
  • Where to file a consumer protection case?
  • What are the rights of a consumer?
  • What is purpose of consumer protection act?


Consumer protection laws aim at the protection of the interests and rights of consumers. These laws aim at changing the mentality of the market from “Caveat Emptor” (let the buyer beware) to “Caveat Venditor” (let the seller beware). In India, there is a statue called ‘The Consumer Protection Act, 1986’ which aims at safeguarding the rights and best interest of consumers.

The Consumer Protection Act, 1986 (COPRA):


This act focuses at advocating competition policy, prohibiting against abusing of a dominant position, prohibiting agreements which can be of an anti-competitive nature.

The intent behind this law is to solve the obstacles in promotion of competition amongst businesses operating under the Indian law. The COPRA is one of the Social Welfare Legislations.

This Act is applicable to all the goods and services until and unless it is specifically exempted by the Central Government. COPRA covers private, public & co-operative sectors, with its provisions having a compensatory nature. The provisions of this Act are powerful as they provide with simple & speedy processes for the solving of disputes. This Act provides for the application of Consumer Protection Councils ate various levels.

Appeal Process/Dispute Redressal Mechanism as per this Act:


There are three levels of adjudicatory authorities under this Act; they are the National, State, & District Level, which are known as National Commission, State Commissions, and District Forum. District Forum is composed of President and two members with graduation being the minimum educational qualification. State Commission is presided over by a Retired High Court Judge, and the National Commission is presided over by the retired Supreme Court Judge.

Pecuniary Jurisdiction of District Forum – matters upto Rs. 20 lakhs

Pecuniary jurisdiction of State Commission – matters upto Rs. 1 Crore

Pecuniary Jurisdiction of National Commission – matters above Rs. 1 Crore.

Proceedings before these adjudicatory bodies are dealt with in compatibility with the principles of Natural Justice.

How to file a Consumer Complaint in India:


  • Making of a complaint petition – this petition would include all the particulars of a case, for example, the precise complaint, arranging of the facts proofs and so on in an arranged manner.
  • Selecting the correct Consumer Court - while choosing the correct forum, the pecuniary jurisdiction (the extent of the value of suits which may be allowed) must be taken into consideration. Also the local jurisdiction of the various district forums must be given importance, for example in cases filed at district forums, one of the grounds for choosing the court can be the place where cause of action arises.
  • Submitting a mandatory statutory fee – the amount instructed by the concerned forum has to be deposited.
  • Filling in for Revisions & Appeals – as per the provisions of the COPRA, an appeal or a revision petition is available.

    Section 15 of COPRA says that a person may appeal to the State Commission, within 30 days from the date of order, but would have to submit Rs. 25,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 19 of COPRA says that a person may appeal, against the result of the State Commission, within 30 days from the date of order, but would have to submit Rs. 35,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    Section 23 of COPRA says that a person may appeal, against the result of the National Commission, within 30 days from the date of order, but would have to submit Rs. 50,000 or 50% of the awarded amount with the criteria of choosing being the lesser amount of the two amounts.

    *Forums & Supreme Court may allow the appeal after the period of 30 days if they seem to find reasonable causes for the delay.

Miscellaneous:


  • Ravneet Singh Bagga v. KLM Royal Dutch Airlines and another (2000) – Supreme Court observed that the “deficiency in service cannot be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of a contract or otherwise in relation to any service. The burden of proving the deficiency in service is upon the person who alleges it.
  • HDFC Bank Limited v. Balwinder Singh – The issue was of the bank, or its credit recuperation specialist, utilizing musclemen to take coercive repossession of the hypothecated vehicle and accordingly making physical badgering and mental injury to the complainant. The District Forum permitted the complaint and guided the bank to pay of Rs. 4 lakh for repossessing the vehicle in this way and exchanging it to an outsider. The State Commission affirmed the request in claim. Adjudicating the bank's revision petition, the National Commission communicated stun that the bank had employed musclemen specifically or through its recuperation specialists(recovery agent) to recoup the advance/repossess the vehicle. The Commission additionally alluded to the State Commission's request, which had observed that the alleged letter delivered by the bank implying to the complainant deliberately giving over ownership of the vehicle was untrustworthy and that no notice was given to the complainant at the phases of repossession and offer of vehicle. In rejecting the request, the Commission depended upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had unequivocally deplored such practices. The Commission expelled the appeal to and granted Rs. 25,000 as exemplary costs.
  • Sehgal School of Competition v. Dalbir Singh – Complainant requested for refund on grounds of poor standards from the coaching school at completion of one year (it was a 2 year course). District Forum allowed it, eventually the other party filed a revision petition claiming that the provisions of the contract provide for the condition of unavailability of refunds. Commission eventually held that such a provision is heavily biased towards one side and should not be allowed. Nipun Nagar v. Symbiosis Institute of International Business observed that the collection of fees for the total period of a course is unjust.

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