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Hindu women cannot claim property rights from Muslim Husband

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A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Sup...
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How to get license for Women Hostel in Chennai

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It is mandatory to obtain license to run a women hostel in Chennai. The Government provide law to obtain license for establishing a women’s hostel. A Application should be given to the District collector along with a fees of Rs.3,000/- After receiving the application the collector will make an enquiry about the hostel premises. The Enquiry team consists (1) District Social Welfare Officer, (2) District Child Protection Officer, (3) Project Officer ICDSS, (4) Differently Disabled Welfare Officer, (5) Representative from Health Department, (6) Personal Assistant (Account) to Collector, and (7) Thasildhar or Deputy Thasildhar of respective Jurisdiction. The above team should give a inspection report to the Collector within 20 days. And on the basis of the inspection report the collector may or may not grant the license to run a women’s hostel. When a license is refused the aggrieved party may approach the government within 15 days. Article by Advocate K.P.Satish Kumar M.L. Advocate, ...
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NCW is a Lame Duck or Legal Guardian for women

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NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the obj...
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Whether Deepa and Deepak will get the entire properties of Late CM of Tamilnadu ?

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In a surprise move of the Madras High Court on Thursday, which orders to serve notice through all modes including e-mail, courier and WhatsApp. At the first time in the Indian Judicial history the High Court at Madras has issued notices to the parties which it was impleaded suo motto by the electronic and mobile devices. And notice was also permitted through courier. Notice through electronic and courier doesn’t give any delivery proof. But notice through whattsapp can show the delivery and the also shows the status of the notice whether read by the recipient. Even there was no law or legal sanity of sending notice through e-mail, Courier and Whattsapp. Let us see whether any apex court will approve the legality of the notice regarding the legal sanity of the new channels which is opened by the High Court of Madras. The Second legal question is whether the High Court can decide the Property matters of the private persons regarding the civil rites in a public interest litigation rather...
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Remedy for the Dishonored Sale Agreement- Advice from the Leading Civil Lawyer

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Where the purchaser does not take steps to complete the sale within the agreed period, and the vendor has not been responsible for any delay or non-performance. A purchaser can no longer take shelter under the principle that time is not of essence in performance of contracts relating to immovable property, to cover his delays, laches, breaches and `non-readiness'. The precedents from an era, when high inflation was unknown, holding that time is not of the essence of the contract in regard to immovable properties, may no longer apply, not because the principle laid down therein is unsound or erroneous, but the circumstances that existed when the said principle was evolved, no longer exist. In these days of galloping increases in prices of immovable properties, to hold that a vendor who took an earnest money of say about 10% of the sale price and agreed for three months or four months as the period for performance, did not intend that time should be the essence, will be a cruel joke ...
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Daughter's property rights can be curbed by father's biased will - To protect the women's property rights whattsapp to our service No.9840802218

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One way to mitigate this rampant gender bias is to take a leaf out of the Muslim law, which imposes a limit on the freedom of testamentary disposition. The Muslim father can will away a maximum of one-third of his property while the rest is divided among his legal heirs of both genders. Significantly, when the Law Commission asked in 2000 whether such a restriction should be imposed on the freedom of the Hindu father as well, the majority of the respondents favoured this radical idea. Those reform seekers were, however, almost evenly divided on whether the right of testamentary disposition should be confined to one-third or one half of the Hindu's self-acquired properties. Even as it admitted that "there has been a strong demand for placing a restriction on the right of testamentary disposition", the Law Commission without giving any reasons said that after "due deliberation" it was "not inclined" to go so far in its recommendations. The equality grant...
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Married daughter rights in fathers property - To protect your right Whattsapp service No.9840802218

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The Supreme Court announced that a married daughter is entitled to inherit her father's property, even if his wife and son are alive. As per a report published in TOI, the SC ruling came during a hearing in which a man had nominated his married daughter's name to own his cooperative society flat after his death. Biswa Ranjan Sengupta's decision was challenged by his widow and her son, citing the rules of the West Bengal Cooperative Societies Rules, 1987 and provisions of the WB Cooperative Societies Act, 1983. Woman cannot claim right over property of in-laws: Delhi court Sengupta was reportedly living with his married daughter Indrani Wahi in his last days due to the ill-treatment meted to him by his wife and his only son. The high court headed by a single judge directed Indrani to let the flat registered in her name but at the same time it also said Indrani was a part shareholder of the property along with Sengupta's wife and son and that she could dispose of the pr...
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