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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

3 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

3 days ago

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Consult Top Outsourcing agreement Expert Lawyer in India

Sandeep Hegde

Advocate & Legal Consultant
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Bangalore , Karnataka

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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

Adv Ashish Fule

High Court Advocate
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Nagpur , Maharashtra

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Adv Ashish Fule is indian Lawyer based in Nagpur has specialised knowledge of Registration of Political Party and their compliances . He has registered more than 50 Political Parties In India and various states having its command on Representation of Peoples Act 1950 & 1951 . View Full Profile

ROBERT D ROZARIO

Advocate High Court
Exp
Kolkata , West Bengal

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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
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Murugesh Ramiah

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Bangalore , Karnataka

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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

Ganesh Kadam

Lawyer
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Pune , Maharashtra

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I am expert in Family Law, Labor Law, Property Law, Civil and Criminal Law, Constitution of India etc. View Full Profile
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Advocate Mohit Dhingra

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Lucknow , Uttar Pradesh

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I deal in various legal fields such as Consumer Matters, Labour and Employment Matters, EPF & ESI Registration, Trademark Registration, Labour Registration, FSSAI License, Cheque Bouncing Matters, Legal Notices, ISO Registration, and Civil Disputes View Full Profile
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M.P. SANJAY sanjay SANJAY

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Hyderabad , Telangana

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I am practicing advocate, I am practicing in High Court of Telengana & and Andhra Pradesh, City Civil Courts, District Courts of Ranga Reddy District. I am having 17 years of standing. In dealing with matters like Civil, Banking, Properties, Family Matters, Services matters, Writs, Criminal cases. View Full Profile
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Nishit Shah

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South Delhi , Delhi

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Graduated from Chanakya National Law University, Advocate Nishit Shah has been practicing civil as well as criminal law in New Delhi area and he has been regularly appearing before the Hon'ble Supreme Court of India, High Court of Delhi, Districts Courts of Delhi, and all the Tribunals. View Full Profile

Swamy Bnadamidi

ADVOCATE
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Hyderabad , Telangana

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I am having 14 years standing in Advocacy and practicing in Hyderabad courts since 2004 and dealing all types of Cases i.e Civil, Criminal, Family, Motor Accident Claims and Employees Compensation Cases. View Full Profile

Neha Sharma

Legal stratagist
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South Delhi , Delhi

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  • What is Outsourcing Agreement?
  • What Laws are enforceable in Outsourcing Agreement?
  • Why Outsourcing Agreement is necessary?
  • Is Indian Penal Code Applicable if the other party is deviating from the Agreement?
  • Does Indian Contract Act. 1872 Govern outsourcing Agreement?

Capacities which don't identify with the centre skill of a business, are not cost-efficient if performed by the association itself, or are work intensive are regularly outsourced to less expensive organizations which perform them more cost-successfully. Outsourcing is particularly basic in the data innovation division and fund segment. For instance, client benefit, office administration and back-end forms are regularly depended to an outside seller.

What is Outsourcing Agreement & Necessity for Outsourcing Agreement.


Outsourcing Agreement is the Agreement where some or certain part of a Company’s work is handed over to some other company or person for handling such operation. The other person or company to whom such operation or work is handed over is not an employee or sister concern of the company who has outsourced the such work to such company. Now, in order to bind or to create a mutual trust, understanding, Liabilities and monetary aspects between the two companies or we can say between the outsourcer and Outsource such Agreement or Document is necessary.

Which Laws are Applicable to Outsourcing Agreement?


The Laws applicable are Indian Contract Act,1872 which binds the Outsourcer and Outsource into a binding of an Agreement, The Information Technology Act,2000 which comes into picture when such agreement is regarding Software Technology or if there is any software related work which must not be divulged before any outside party for risk of hampering of Business. Intellectual Property Laws in case of Piracy or Copyright related works. Telecommunication Laws in case of Telecommunication Outsourcing, in case of Financial Transactions or related work Outsourced the RBI guidelines, FEMA comes into picture.

Also the Indian Penal Code is applicable in case of Fraud or any act committed which is against the laws of Indian Territory.

What must be Looked into while getting into or making Outsourcing Agreement?


  • Observing the privileges of the customer.
  • The review privileges of the customer.
  • An agreement end provision determining the efficient giving over of information and resources et cetera.
  • Information security issues must be plainly tended to, including the marking of a non-divulgence understanding.
  • Sub-contractual worker issues. In the event that the customer means to hold general control over the exchange, at that point the engagement of any sub-temporary worker by the provider must be liable to the customer's endorsement.
  • The classification of the customer's information must be enough tended to.
  • The responsibility for property rights.
  • A certification or repayment from the provider towards its dedication, including obligation for any disappointment.
  • Possibility arranging of the provider to give business congruity to the outsourced game plans that are material.
  • Adherence by the provider to the customer's inner set of accepted rules (which is a noteworthy issue on account of extensive multinational organizations).
  • The terms on selectiveness ought to be cleared up and assessed against the scenery of the Indian Contract Act (ICA) and the Competition Act.
  • Obligations and commitments at rupture and upon end.

What are the Major Types Of Outsourcing?


The major types of outsourcing agencies are Business Process Outsourcing, Knowledge Process Outsourcing, Legal Process Outsourcing, Recruitment Process Outsourcing, Engineering Process Outsourcing, etc.

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