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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 Equipment Finance and Leasing Expert Lawyer in India

Advocate Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Equipment Finance and Leasing
  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Corporate And Incorporation
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile

SRINIVASA. N

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Equipment Finance and Leasing
  • Cheque Bounce
  • Civil
  • Arbitration And Mediation
  • Commercial
Handling both Civil and Criminal Matters at various Courts at Bengaluru View Full Profile

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Equipment Finance and Leasing
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 8

Murugesh Ramiah

Partner
Exp
Bangalore , Karnataka

Specialization

  • Equipment Finance and Leasing
  • Family
  • Contracts and Agreements
  • Landlord and Tenant
  • Will
Assuredjustice.com is a technology driven legal services provider. Our practice areas include Family law, Real Estate, Mergers & Acquisitions, Civil law, Corporate Law, NCLT, CAT, Consumer Courts, Labor & Employment Law, Patents, Trademarks & Intellectual Property. View Full Profile

Sunil Srivastava

Advocate Civil court Gorakhpur
Exp
Gorkakhpur , Uttar Pradesh

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Adoption
  • Consumer Protection
  • Contracts and Agreements
I have been practicing at Civil court Gorakhpur Uttar pradesh for 30 years. View Full Profile

Chandrashekhar Vithal Jadhav

Advocate & Legal Advisor
Exp
Bangalore , Karnataka

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Property
  • Adoption
  • Advertising
Total Answers Given : 6

Nilanjan Chatterjee

ADVOCATE
Exp
Howrah , West Bengal

Specialization

  • Equipment Finance and Leasing
  • Property
  • Criminal
  • Divorce
  • Motor Accident
Experience in Handling Property Matters including Filing of Cases, Advice and Consultations,Registration of Documents and Drafting of Deeds,Also having expertise in Criminal Bail matters and Domestic Violence also matters of Divorce ,Separation and Maintenance Also Expertise in Motor Accident Claims View Full Profile
Total Answers Given : 310

Shailesh Kumar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Adoption
  • Advertising
  • Animal Laws
I am a highly educated in different fields and experienced advocate providing online and offline Legal Consultancy/Support/Services to my national and international client on almost all aspects of law. View Full Profile
Total Answers Given : 21

N Shekhar

Advocate
Exp
Patna , Bihar

Specialization

  • Equipment Finance and Leasing
  • Criminal
  • Adoption
  • Advertising
  • Animal Laws
Best Lawyer View Full Profile
Total Answers Given : 16

Meenakshi Garg

Advocate
Exp
North Delhi , Delhi

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Divorce
  • Adoption
  • Debt And Lending Agreement
Total Answers Given : 13
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  • What is Equipment Finance and Leasing?
  • What is an Equipment?
  • What is a Lease?
  • What is Financial Leasing?

Equipment Finance and Leasing speeds up the normal transactions in commercial world and thus boosts the growth in business. Since it affects the business cycle in a big way, and it is used generally by the SMES to establish and build themselves up, so the lawmakers have kept it open for the partied to decide.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Equipment Finance and Leasing related queries, whether you are the c or payee, and also guide you on how to resolve this matter with ease.

About Equipment Finance and Leasing


Equipment are machinery which are required to convert the raw materials in to finished products so that they fetch a higher market price when sold to the consumers and in order to have the finished product of the desired quality which meets the taste and preferences of the consumers new and emerging techniques are required which are coupled in the form of a machinery and they are very costly. For small businesses mostly the SMEs it is not possible to purchase the same by cash as they have very little working capital and thus in order to overcome this situation there is an option of Equipment finance.

Leasing is the way by which the Right to use of a property is transferred from the owner of the property called the Lessor and to whom the same is transferred is called the Lessee. Only the right to use the property is transferred and not the ownership with limited/restrictive use which is not in the nature of restriction to enjoyment of the property but only for sub – leasing or other use as agreed between the lessor and lessee.

Financial leasing refers to a "distinctive triangular relationship" requiring three discrete parties: (1) a lessor who propels reserves for the buy of the equipment which constitutes the subject of the leasing exchange, (2) a lessee who chooses the equipment and pays a rental charge for the privilege to utilize it, and (3) a supplier who pitches the equipment to the lessor. Financial leasing additionally connects two independent, yet interrelated, and gets: a leasing agreement between the lessor and lessee, and a supply understanding between the supplier and lessor

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 are the applicable laws to Equipment Finance and Leasing?


Indian Contract Act, 1872
Since, there are no direct laws, and Equipment finance and leasing being contractual relationships are governed by the said act. As per the said act, an agreement which is enforceable in law is a contract.

The General Clauses Act, 1897
The said act applies to documents which means to include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose or recording that matter.

Some important facts about Equipment Finance and Leasing


The Offences in relation to Equipment Finance and Leasing is rectifiable
The offence is rectifiable by making good the loss sustained by the other party due to the non-fulfilment of promises by one party.

The matter can be resolved without going to Court
In case of any discrepancy or disagreement between the parties the matter can be resolved faster without going to court.

Rights and obligations of the parties
The rights and obligations of the parties are well decided in advance.

Important Events for triggering action under Equipment Finance and Leasing


  • The non-fulfilment of the terms of contract must take place which is the result of the default of at least one of the parties.
  • The contract becomes voidable.

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