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Finalization of Divorce and Legal Action to Take

Avik Chakravorty

At some point in time during one’s marriage wrangles and discords may arise and they may escalate to such an extent that it’s irreconcilable. Couples can opt for either mutual consent divorce or contested divorce where a divorce petition is filed by a spouse and the other spouse becomes the opponent party.    After reviewing and considering the facts and situations stated in the divorce petition and only after the court is convinced that the marriage cannot be salvaged or revived is a divorce granted. Although, the legalities regarding divorce does not end just yet. After the court finalizes the divorce there are some after-divorce formalities that both parties are required to follow. An after-divorce formality is comprised of legal steps supporting the court’s granting of the divorce. A comprehensive list of things to do once the court has granted the divorce are as follows: 1.   Split all properties according to the decree of divorce Read More

4 Tips From Property Dispute Lawyers To Avoid Family Conflicts

Avik Chakravorty

As much as the property is deemed to be a valuable asset that everyone is seen aspiring and vying for, its also often the root cause of conflicting circumstances that arise amongst family members. People are seen battling with their kith and kin over even petty, not to mention far more crucial issues that arise as a result of faulty or flawed inheritance or marriage falling apart.   It's a global phenomenon that finds professionals like property dispute lawyers or property lawyers in India and elsewhere swamped in their respective domain. As they say, prevention is better than cure; in this case, too, real estate disputes can be nipped in the bud or even averted without having to engage a real estate dispute lawyer and all it takes is a bit of planning and foresight. The below-mentioned tips are essentially suggestions or pieces of advice from property lawyers.       1.      Carefully Select The Executor of The Read More

Get Professional Advice on Divorce From a Reputable Divorce Lawyer

Avik Chakravorty

Divorce can ruin one’s personal life or in other words, one’s personal life can be in shambles. For spouses getting divorced is an endurance test as they have to bear the unbearable twists and turns of a divorce leaving spouses emotionally drained after an acrimonious divorce settlement. The causes leading to a divorce are many including family disputes, infertility, domestic violence and so on.  Should anyone be dealing with similar circumstances then consulting the best divorce lawyer would be a step in the right direction. A divorce lawyer would counsel clients on similar matters professionally.  As they say, marriages are made in heaven but with divorce rates shooting through the roof in India and elsewhere the sanctity of marriage or holy matrimony could just as easily be shattered to smithereens and the reasons are infinite. Nothing but the best divorce lawyer with expertise and knowledge of the intricacies of an acrimonious divorce case can amicably Read More

Protecting yourself against IPC Section 498A

Avik Chakravorty

At some point in time, undeniably women in comparison with men are more often victimized in cases of domestic violence on the wife both by the husband and the husband’s family. However, in cases of false allegations men fall prey to more than women do. The explicit purpose of Section 498A IPC is the protection of women who may be victimized as a result of a conspiracy or an unholy nexus between the husband and the husband’s family. Increasingly though, truly innocent men & their families have been mercilessly maligned as a result of married women misusing the legal system.   What is Section 498A?  Directly quoting IPC Section 498A mentions – “Husband or relative of husband of a woman subjecting her to cruelty shall be subject to imprisonment for a term of three years and shall also be liable to fine.” Currently, though, Section 498A IPC empowers Indian women to lodge grievances against their husbands for mental, Read More

How to select from amongst the best property lawyers in India?

Avik Chakravorty

Introduction  Purchasing property is the latest fad and indeed the preferred investment tool if one is looking to park one’s money. Real estate sells like hot cake these days and people are buying into the idea of investing in real estate as the returns are extremely lucrative and therefore feasible. Numerous reforms to the real estate laws over the years necessitate consulting a property lawyer.  These resourceful lawyers know the ins and outs of making property papers accessible to their clients and also provide clarity on what the papers might be representing. The legal parlance is not a layman’s parlance and therefore its all gobbledygook for the layman and as a result, a property lawyer ought to be consulted for the right advice and execute the entire procedure of purchasing a property seamlessly.  Property verification lawyers aren’t necessarily required while purchasing a property only. They are equally in demand while renting and Read More

Property Is The Root Cause of Family Dispute - Settlement is the solution

Avik Chakravorty

Movable and immovable properties constitute wealth and the root cause of family disputes across the spectrum of households at every stratum from subsistence or marginal to opulent families invariably get embroiled in disputes over property matters and that makes occurrences of property disputes quite common in India. The natural solution for the vast majority of disputing families is dragging the issue to courts rather than opting for an out-of-court settlement. What the vast majority of people fail to realize is that given the fact that the process is long-drawn and expensive, the courts cannot provide assurances of a favorable outcome eventually. Therefore, for a quick resolution of the matter, opting for an out-of-court settlement amongst the family members is far more advisable and in fact, recommended.   What exactly is Family Settlement?  Briefly, a family settlement is essentially an agreement between family members mutually working out the distribution of Read More

Laws Related to Registration of Property Transactions in India

Avik Chakravorty

In the case of immovable property, mandatory registration of property purchase and sale documents are essential ensuring proof of ownership, fraud prevention and assurance of title. Under The Indian Registration Act, there is legislation for property registration in India known as the law of registration of documents that makes it a mandatory requirement to register key documents for the recording of evidence, fraud prevention and assured title transfer.   Property Documents Necessitating Mandatory Registration  Registration of property or property registration in India in accordance with Section 17 of the Registration Act, 1908, is mandatory in case of transactions involving immovable property sale for an amount in excess of Rs. 100. What this essentially means is that all immovable property sale transactions must be registered since a mere Rs. 100 cannot possibly be the purchase price of immovable property. Furthermore, a gift of immovable property, as Read More

How to File for Mutual Consent Divorce: Step by Step Divorce Procedure

Avik Chakravorty

According to the Indian Legal system, the divorce procedure or process of divorce basically starts as soon as the divorce petition is filed. The way the divorce procedure in India in its entirety works is with the initiation of the filing of the divorce petition by either party to the divorce suit and serving of notice to the other party.  If the relationship between the parties has hit rock bottom and both the spouses have jointly made a decision to split according to the law of the land, then either party can initiate ‘mutual divorce’ according to the Hindu Marriage Act, 1955. Either party can file for divorce even if any one of the parties is unwilling to file for divorce and is widely known as ‘contested divorce’.  How to file for Mutual Consent Divorce?  Section 13B of the Hindu Marriage Act, 1955 is related to the provision of mutual consent divorce and there is a preset divorce procedure to file for a mutual consent divorce mentioned in section Read More

Divorce Law in India: Know Your Legal Rights

Avik Chakravorty

A couple can be traumatized after going through the experience of a divorce. What makes matters worse, is the fact that the long-drawn nature of divorce makes it a very costly affair in India more so if a spouse happens to contest the divorce. Even when there is a mutual consent to divorce the courts will not even consider their plea until and unless couples have been able to satisfactorily prove in a court of law that they have been mutually separated for at least a year. In India, similar to the vast majority of personal matters, divorce rules and laws are related to religion. For each and every religious group there are separate divorce rules and laws that are applicable to each of those religious groups. Divorce amongst Hindus, Buddhists, Sikhs and Jains for example, is in accordance with the Hindu Marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, Parsis by the Parsi Marriage and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. Read More

HOW TO OBTAIN A SUCCESSION CERTIFICATE

Shreyash Mohta

SUCCESSION CERTIFICATE  In this blog I shall be discussing the detailed procedure by following which one can obtain a Succession Certificate. My blog shall contain the following contents in chronological order.  1.   What is a Succession Certificate? 2.   Who may obtain a Succession Certificate? 3.   What is the procedure for obtaining Succession Certificate? 4.   Particulars which must be included in the petition for a Succession Certificate 5.   Miscellaneous Topics   WHAT IS A SUCCESSION CERTIFICATE? A Succession Certificate is a written document which is given to the legal heir/heirs of a person who at that point of time is no more alive [In other words – Deceased] without creating or making any will, [in other words – Intestate]. This certificate is issued by a District Judge so as to let the successors inherit all the debts and securities of the person Read More

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