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Laws for Partition of property in India

Avik Chakravorty

The Partition Act (1893) authorizes one of claiming entitlement over his/her shares. The article essentially focuses on the underlying laws that are the guidelines of the division of property in India and the actions one may take in dealing with contentions over partition seamlessly and effectively.  The physical partition of any property is executed according to the property’s Partition Deed ensuring each family member gets his/her fair share. Based on the Property Law in India, when the rules of the partition of property aren’t followed or if an amicable settlement is a far cry, a court case may ensue for resolution of contentions. The law also mentions the inheritance of property through the male lineage of up to four generations.  Nonetheless, up until the amendment of the Hindu Succession Act, 1956 in 2005, there were separate property partition laws for sons and daughters.  Newest Property Law in India mentions a girl child regardless of Read More

The travails of LGBTI equality in India

Avik Chakravorty

The premise of human rights is rooted in the essence of it that every human being is to be treated equally with dignity without any prejudices. Anything undermining that dignity is considered an infringement of the very essence of equality and is the surest way to discrimination.  The lesbian, gay, bisexual, transgender and intersex people, in particular, have been shunned and even had to endure isolation for their abnormal lifestyles.  (LGBTI) also, have human rights much like the human rights of anyone else and its increasingly under the scanner as there is a lot of social activism around it globally as LGBTIs are wrangling for their human rights.   In the vast majority of countries in recent times, there have been groundbreaking progress including adopting new legal safeguards in this area. According to the preamble to the Indian Constitution, all forms of justice including social, economic, and political equality of status is mandatory for Read More

Divorce Laws in India Revisited

Avik Chakravorty

The recognition of the legal or formal union of two people as partners in a personal relationship is marriage and when a marriage is legally or formally ended the legal or formal ending of a marriage is divorce.  Couples going through divorce are quite perturbed by the ensuing events during and aftermath of a divorce. The entire separation procedure beginning with having to deal with emotional trauma to contesting in the blasted courts to get a divorce decree is undoubtedly a traumatic event and for one to overcome and recover may take a very long time.   Nonetheless, with laws and social awareness progressing, it has resulted in the simplification of the divorce process in India aiding couples to get relief from rocky relationships.    In India, both marriage and divorce take place according to personal laws and personal laws are aligned to the people’s religion. Marriage and divorce would be according to the Hindu Marriage Act, 1955 for Hindus, Read More

Adoption Hitches

Avik Chakravorty

Adoption these days is no big deal as the adopted child hardly ever wants to know who his /her biological parents is. It’s an agonizingly trying time during this period of life which is most crucial for any adoptive parent. However, the fact of the matter is that numerous issues crop up in the tender child’s mind as and when they realize that they are adopted.    Although an adopted child has the right to tracing one’s own identity and look for his/her birth parents once the child is 18 years old, the burning question though is whether he/she would be elated after tracing them.  The other questions at the forefront are whether one would easily accept one’s birth parents and deny the affection of foster parents. The child may feel guilty which in turn may lead to grief which may be evident in the child’s entire life further resulting in the child falling prey to emotional trauma and being mentally unstable knowingly or unknowingly. This leads to Read More

What are the Signs You Need to Hire a Child Custody Lawyer?

Avik Chakravorty

If one is in a bind deciding whether a child custody lawyer actually ought to be hired one ought to know that representing oneself pro se is an option at all times. However, there are also times when even with the necessary grit and determination of representing oneself pro se does not cut it. There are seven similar scenarios when one ought to actually think long and hard about fighting the child custody case pro se without engaging an expert child custody lawyer.  Your Ex Has a Lawyer and you don’t  If one is already aware of one’s ex hiring a private child custody lawyer, then one ought to do the same. If funds are a constraint then looking for legal aid for free in one’s locality is an option. That sinking feeling of possibly losing the child custody case for lack of a lawyer representing one party while the other party may have hired a lawyer already isn’t desirable at all.  Further Complications of One’s Case Read More

In the Age of Social Media, Human Rights Revisited

Avik Chakravorty

As one of the world’s new and emerging economies, India’s Dalits are manual scavengers rummaging through and cleaning the dry toilets of other people who are high caste and carting their human waste. The menfolk usually clean the sewer and the septic tanks while the womenfolk would be carting piles of excreta in cane baskets to get rid of them. According to estimates hundreds of sewer workers risk their lives to the point that hundreds of workers die every year as they inhale toxic gases.   The internet in stark contrast is often believed to be a virtual space without any hierarchy but with unlimited scope and opportunities where the age-old caste system, race, and gender are non-existent. If it was to be assumed and also how the production, maintenance and ‘optimization’ of new media technologies exploring how some populations thrive and survive the fantasy of an internet devoid of humans are more often than not built on the premise that the bodies and the labor are Read More

Adopting a Child in India

Avik Chakravorty

Adoptions were dissolved in recent times at an alarming rate over a period of few years which resulted in an outcry. Experts and observers working in adoption reminisce that a few years ago there were a handful of dissolution cases. What dissolution of adoption essentially means is that after going through a long drawn process of approximately two years for adopting a child, parents make a decision of giving up the child upon receipt of a court decree finalizing and sealing the child’s adoption into the family.  It's worrying because of many reasons. The plight of a child who has gone through a roller coaster journey of being relinquished by biological parents can be well imagined. The child may have been in an institution, a family may have accepted the child but then rejected and sent the child back to the institution. A child who has to undergo such trials and tribulations and turmoil has to bear the lifelong scar, not to mention the fact that the child’s safety, Read More

Children’s Entitlement in Father’s Property

Avik Chakravorty

Introduction ? As coparceners sons and daughters have numerous birthrights as well as the right to survivorship in the ancestral property. Owing to the Right to Survivorship if a coparcener passes away the property is partitioned amongst the other surviving coparceners. The coparceners jointly own the property and if any of the coparceners want that the property is partitioned their claim is validated once a partition suit is filed. Separate property can be acquired by a coparcener and simultaneously they have the right of alienation of his/her share in the ancestral property as well as self-acquired property to a third-party. Father’s gifting of property to his son won’t be regarded as ancestral property rather it would be viewed as gifting of self-acquired property. The son, in turn, may alienate his share to a third-party.  Can a father gift a property to his son?  In one of the landmark Supreme Court cases, it was upheld that the Read More

Domestic Violence and Abuse

Avik Chakravorty

Are domestic violence and abuse one and the same?  Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.    Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are Read More

Advice on Divorce

Avik Chakravorty

Advice for Women who get Divorced  Being a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.    Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts Read More

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