Thursday 24 December 2020

Genuineness of will

The question was about genuineness of a Will.

SLP AGAINST ALLAHABAD HIGH COURT JUDGEMENT.SLP was dismissed

summarily .NOT kept on record

The man claimed "He was servant of the deceased. All his relatives had left him in his old age.

He was looking after all court cases between deceased and his sons. Being pleased with his

service, the old man, before dying, signed one page typed will, in which one property was given

to him."

Judge thought like a Detective. It was possible that this man may have obtained signature of old

man for purpose filing some case and then he may have misused this paper for making Will in

his favour.

Judge carefully looked at Will. It was typed on one page in double space. But last four lines of

will were in single space. This indicated that signature was first obtained on blank paper and then

to accommodate writing, last four lines were squeezed into single space typing, just till above the

signature.

The Judge refused to believe the will after looking at this as well as other circumstances which

made this Will suspicious.

His judgment was upheld by all superior courts.

Thursday 19 November 2020

employee can claim the reimbursement not only for medical expenses incurred for himself but also for his/her spouse,dependent children

employee can claim the reimbursement not only for medical expenses incurred for himself but also for his/her spouse,dependent children and parents.

Read more at: https://www.hsslive.in/2016/10/guidelines-for-medical-reimbursement.html?m=0

employee can claim the reimbursement not only for medical expenses incurred for himself but also for his/her spouse,dependent children

Lekha S. Nair vs The State Of Kerala on 9 July, 2004

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

MONDAY, THE 18TH DAY OF AUGUST 2014/27TH SRAVANA, 1936

WP(C).No. 18886 of 2007 (W)

----------------------------

PETITIONER(S):

--------------------------

LEKHA S. NAIR, J.K.,

W/O. SATHYANARAYANAN, UPSA, KKM HIGHER SECONDARY

SCHOOL, VANDITHAVALAM, CHITTUR TALUK

PALAKKAD DISTRICT.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

MONDAY, THE 18TH DAY OF AUGUST 2014/27TH SRAVANA, 1936

WP(C).No. 18886 of 2007 (W)

----------------------------

PETITIONER(S):

--------------------------

LEKHA S. NAIR, J.K.,

W/O. SATHYANARAYANAN, UPSA, KKM HIGHER SECONDARY

SCHOOL, VANDITHAVALAM, CHITTUR TALUK

PALAKKAD DISTRICT.

BY ADV. SRI.P.R.VENKETESH

RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY

THE SECRETARY, GENERAL EDUCATION DEPARTMENT

SECRETARIAT,TRIVANDRUM.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

THIRUVANANTHAPURAM.

3. THE DIRECTOR OF HEALTH SERVICES,

THIRUVANANTHAPURAM.

R,R1 TO 3 BY GOVERNMENT PLEADER SMT.M.J.RAJASHREE

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

18-08-2014, THE COURT ON THE SAME DAYDELIVERED THE

FOLLOWING:

W.P.(C).NO.18886/2007

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: COPY OF THE APPLICATION DATED 9.7.2004 SUBMITTED BY THE

PETITIONER.

EXT.P2: COPY OF THE RECOMMENDATION FOR MEDICAL REIMBURSEMENT

DATED 9.7.2004 BY THE PRINCIPAL, KKM HIGHER SECONDARY SCHOOL,

VANDITHAVALAM.

EXT.P3: COPY OF THE REFERRAL REPORT DT. 7.6.204 ISSUED BY THE

ASST.SURGEON, DISTRICT HOSPITAL, PALAKKAD.

EXT.P4: COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED BY

THE KOVAI MEDICAL CENTER.

EXT.P5: COPY OF THE COMMUNICATION DATED 2.9.2004.

EXT.P6: COPY OF THE LETTER DT.23.11.2005 ISSUED BY DPI TO THE SECRETARY

GENERAL EDUCATION DEPARTMENT.

EXT.P7: COPY OF THE COMMUNICATION DATED 19.7.2006.

EXT.P8: COPY OF THE ORDER DT. 30.8.2006 SENT THROUGH THE DISTRICT

EDUCATIONAL OFFICER.

EXT.P9: COPY OF THE GOVERNMENT ORDER DATED 17.1.2007.

EXT.P10: COPY OF THE ORIGINAL GOVERNMENT ORDER DATED 18.2.1997.

EXT.P11: COPY OF THE ORDER DATED 4.12.1993.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

P.S.TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

-------------------------------

W.P.(C).NO.18886 OF 2007

-----------------------------------

Dated this the 18th day of August, 2014

J U D G M E N T

The petitioner who is working as an UPSA at the KKM Higher Secondary School, Vandithavalam in Chittur Taluk, Palakkad District, had admitted her husband to a hospital in connection with a heart ailment. On account of the seriousness of the ailment, he was advised to undergo treatment at Kovai Medical Centre Hospital, Coimbatore, and accordingly referred to the said hospital for treatment. He was admitted to the said hospital on 28.5.2004, and on examination, he was advised to undergo emergency bypass surgery. Thereafter he was again admitted to the hospital, this time as an inpatient, on 9.6.2004. The surgery was performed on 11.6.2004 and he was discharged from the hospital on 23.6.2004. The issue in this writ petition pertains to the reimbursement of medical expenses, incurred by the petitioner, in connection with the hospitalisation and surgery undergone by her husband during the aforementioned period.

2. The grant of reimbursement to the petitioner is governed by the Kerala Government Servants' Medical Attendance Rules, 1960 as modified by Ext.P11 Government Order dated 4.12.1993, Ext.P10 Government Order dated 18.2.1997 and Ext.P9 Government Order dated 17.1.2007. As per Ext.P10 Government Order, it is made clear that there will not be a ban for referring patients to a centre outside the State for taking treatment for the diseases listed in Appendix I to the said Government Order as there is a long waiting list and considerable delay at the centres in Kerala. In the Appendix to the said Government Order, coronary artery bypass surgery is mentioned as one of the diseases for which a patient can be taken to a centre outside the State. By Ext.P9 Government Order dated 17.1.2001, the Kovai Medical Centre and Hospital Limited, Coimbatore, to which the petitioner's husband was referred, is also listed as referral centre for cardiology and cardiovascular surgery for the purposes of the Medical Attendance Rules referred to above.

3. The case of the petitioner is that when she preferred Ext.P1 application for claiming reimbursement of medical expenses incurred on behalf of her husband, duly supported by Ext.P2 recommendation of the Principal of the School and the Superintendent of the District Hospital, Palakkad, and Ext.P4 case summary and discharge record issued by the Kovai Medical Centre and Hospital Limited, Coimbatore, she was served with Ext.P5 order of the Director of Health Services, Thiruvananthapuram informing her that insofar as she had not obtained prior permission from the Director of Health Services as mandated in Ext.P10 Government Order, she had to apply for an ex post facto sanction of her application from the Director of Health Services before her claim for reimbursement could be processed. The petitioner, therefore, applied for ex post facto sanction and her application to the Director of Health Services, Thiruvananthapuram was forwarded to the 1st respondent for onward transmission to the 3rd respondent. The response to Ext.P6 was through Ext.P7 communication from the 1st respondent to the petitioner informing her that the request for medical reimbursement was rejected on account of the following reasons:

1) Prior sanction was not obtained from DHS for the treatment outside the State.

2) There is no valid referral letter from an authorised Medical attendant.

3) Similar treatment is available in major hospitals under Government Sector and recognised private hospitals inside the State.

4. Ext.P7 order, to the extent it rejects the request for medical reimbursement, is challenged in the writ petition.

5. A counter affidavit has been filed on behalf of the 2nd respondent. In the said counter affidavit, the stand taken by the 2nd respondent is that the application by the petitioner had to be submitted through the District Educational Officer, Palakkad and not directly by the Head Master of the School. It is also pointed out that the petitioner ought to have obtained the prior sanction from the Director of Health Services for treatment at a private hospital outside the State. The existence of a similar treatment facility in major hospitals in Government sector is also cited as one of the reasons for rejection of the claim of the petitioner. In short, the stand taken by the respondents is that the petitioner has not complied with certain procedural requirements for obtaining reimbursement and it was in those circumstances that her claim for medical reimbursement was rejected.

6. I have considered the submissions made by counsel for the petitioner as also the Government Pleader. I note from Ext.P7 order of the 1st respondent that the reason cited in the said order for rejection of the claim of the petitioner is threefold as noticed above. Of the three reasons that are cited, the reason that there was no valid referral letter from an authorised medical attendant does not appear to be a valid reason for the reason that the application submitted by the petitioner was duly supported by a recommendation from the Office of the District Medical Officer. As regards the third reason that is cited in Ext.P7 order, namely that similar treatment was available in major hospitals under Government sector and recognised private hospitals inside the State, I feel that this is not a stand that is open to the Government to take in view of the specific provisions in Exts.P9 and P10 Government Orders which clearly indicate that it was on account of the long waiting list and considerable delay experienced at the centres in Kerala that the Government thought it fit to extend the facility of medical reimbursement even when the patient had to be referred to other institutions outside the State for the diseases specifically mentioned in the said Government Orders. Having held out that the treatment at the specified hospitals outside the State would also qualify for the grant of medical reimbursement in terms of the Kerala Government Servants' Medical Attendance Rules, 1960, the Government was estopped from taking such a contention to deny reimbursement to the petitioner. Lastly, the denial on the ground that no prior sanction was obtained, does not stand to reason. It would be noted that the application preferred by the petitioner was forwarded to the 1st respondent only because the petitioner could not comply with the procedure of getting a prior sanction from the Director of Health Services. The petitioner had been informed by the respondents through Ext.P5 communication that the technical lapse of not getting a prior permission from the Director of Health Services could be regularised by applying for an ex post facto sanction from the Director of Health Services. It was under these circumstances that the application was made for ex post facto sanction from the Director of Health Services. On such an application, it cannot be the answer of the Government that the application could not be considered for want of a prior sanction from the Director of Health Services. The reply given by the 1st respondent to the petitioner in Ext.P7 virtually has the effect of making the petitioner run from pillar to post in an exercise which can only be categorised as unnecessary. The respondents cannot be so callous in their consideration of legitimate claims for reimbursement preferred by Government servants or, as in this case, a teacher working in a Higher Secondary School. There is nothing on record to suggest that the claim put forward by the petitioner is in any way contrary to the terms of the Medical Reimbursement Rules referred to above or that the expenses were not incurred, as a matter of fact. by the petitioner. Under these circumstances and considering the fact that it has been almost ten years since the petitioner incurred the expenses in respect of which she has preferred the claim for reimbursement, I deem it fit to direct the 1st respondent to expeditiously process and clear the application for medical reimbursement submitted by the petitioner. The respondents shall take immediate steps to sanction and disburse the reimbursement amounts due to the petitioner in accordance with the Medical Reimbursement Rules referred to above within a period of two months from the date of receipt of a copy of this judgment. I make it clear that I have not pronounced on the entitlement of the petitioner for interest on the amount that has been directed to be disbursed to the petitioner. The petitioner is free to agitate her claim, for interest on the reimbursement amounts sanctioned to her, in separate proceedings.

The writ petition is allowed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE prp

Saturday 10 October 2020

The era of never-ending oral arguments and verbose pleadings has to go", Plea in Supreme Court seeks use of plain English for laws

A plea has been filed in the Supreme Court praying for the use of plain language in the drafting and issuing of all government rules, regulations, notifications, communications that are of interest to the general public.

In order to facilitate access to justice for laypersons, the petitioner has also sought directions to the Union Law Ministry to make available guides and handbooks on laws of general public interest and redressal of grievances in easily understandable language.

The petitioner lawyer, Dr Subhash Vijayran, has based the plea on the basis of the fact that the "writing of most lawyers is: (1) wordy, (2) unclear, (3) pompous and (4) dull." The plea states,

"It is the common man who is most ignorant of the system – in fact quite wary of it. Why? Because he neither understands the system nor the laws. Everything is so much complicated and confusing. The way laws are enacted, practiced and administered in our country violates the fundamental rights of the masses by denying them – Access to Justice. ‘Speedy Justice’ and ‘Legal Awareness’ are the two, out of the many, facets of Access to Justice."

Highlighting the importance of using plain language, the petitioner states,

"It avoids verbose, convoluted language and jargon. Using plain language in communications ultimately improves efficiency, because there is less ambiguity for the readers, and less time is taken for clarifications and explanations. This is a step toward Access to Justice."

Plea filed in Supreme Court

The petition states that too much precious time, energy and resources of both the Court as well as lawyers/litigants is wasted due to badly written & verbose drafts and ad-nauseam oral arguments, and that there is a need to prioritize and efficiently use resources.

"If this court is to be truly a court of the masses – and not court of a fortunate few – the era of never-ending oral arguments and verbose pleadings has to go."

Dr Vijayran further prays for directions to the Bar Council of India (BCI) to introduce a mandatory subject of “Legal Writing in Plain English” in the three-year and five-year LL.B. courses at all law schools in India.

He has also called for the direct imposition of a page limit for pleadings and a time limit for oral arguments before the Supreme Court. The plea states,

"As a humble suggestion vis-à-vis oral arguments – for each side – time limits of 5-10 minutes for applications, 20 minutes for short cases, 30 minutes for cases of moderate length, and 40-60 minutes for long cases may be imposed. Only in exceptional cases of constitutional and public importance, should the time limit of oral arguments be relaxed beyond one hour..."

The matter is likely to be listed for hearing on October 15.

NRI quota neither sacrosanct nor inviolable: Supreme Court on right of private medical and dental colleges to scrap NRI quota

The Supreme Court today ruled that private medical colleges are not compulsorily required to provide a quota for Non-Resident Indians (NRIs).

The judgment rendered by a Bench of Justices L Nageswara Rao and S Ravindra Bhat states that private medical institutions offering professional and technical courses are well within their powers to decide whether or not NRI or management quota may be culled out, and to what extent the same can be done, within the permissible ceiling.

"...it is evident that the NRI quota is neither sacrosanct, not inviolable in terms of existence in any given year, or its extent," the Court held.

The Court further held that should a decision be taken by the concerned authority to do away with such a quota, a reasonable notice to this effect must be given so that aspirants can accordingly apply for other seats.

The verdict was passed in a petition filed against the decision of a Division Bench of the Rajasthan High Court which had held that private medical colleges and institutes are not mandated to provide for an NRI quota. The High Court had that should the colleges avail the same, it must be within the limit of 15 per cent of the total seats as per the judgment of a seven-judge Bench of the Supreme Court in the case of PA Inamdar.

The Division Bench had reversed the ruling passed by the Single Judge of the High Court which had ruled that NRI candidates cannot be denied admission under the quota. The petitioners subsequently moved the Supreme Court against the Division Bench's decision.

The Apex Court, however, agreed with the Division Bench's findings. While referring to the decision in PA Inamdar, it held,

"A plain reading of the judgement of this court in Inamdar reveals that a provision for 15% NRI quota was not compulsory; it was only potential... Clearly, this court had the benefit of past experience with the concept of NRI quota: witness its skepticism about filling of such seats (in the past) by undeserving and unmerited candidates, to the detriment of more meritorious students. Therefore, the court indicated a limited quota with some essential controls in the manner of filling up of such NRI quota seats."

The Court summarised in its judgment the "crucial elements" as regards filling up of the NRI quota seats that were stipulated in the PA Inamdar verdict. These are:

"...one, the discretion of the management (whether to have the quota or not); two, the limit (15%); three, that seats should be available for genuine and bona fide NRI students, and lastly that the quota was to be filled based on merit."

In the instant case, the Chairman of the NEET PG Counselling Board had issued a notice to scrap the NRI quota for admissions, clarifying that the aspirants who had applied under the quota would be considered for admission based on other eligibility criteria. When this notice was challenged by some candidates before the High Court, the Single Judge had directed for those candidates to be given admission.

The Division Bench, while reversing this ruling, also said that the Single Judge could not have passed a direction for granting admission to the candidates before the Court. The Apex Court agreed with the Division Bench and made the position in law on the scope of "positive directions" clear. It held,

"There is a body of case law which clarifies that sans a statutory duty, a positive direction to do something in a specific manner, cannot be given (“it must be shown that there is a statute which imposes a legal duty and the aggrieved party has a legal right under the statute to enforce its performance.”). The NRI candidates could not assert a right to be admitted; furthermore, while granting relief, the single judge could at best have directed consideration of the cases of the writ petitioners before him."

Having said so, the Court also underscored the peculiar circumstances in this case owing to the COVID-19 pandemic and the last minute policy change on the issue of NRI quota.

The order of the Single Judge, the Apex Court noted, "opened a Pandora's box" and led to a large number of fresh claims being filed by candidates, eventually leading to a second round of counselling being conducted especially for NRI quota candidates. Therefore, in order to do complete justice, the Supreme Court said,

"In the circumstances of this case and to do justice to all the parties, this court is of the opinion that a special counselling session should be carried out by the board, confined or restricted to the seats in respect of which admissions were made pursuant to the single judge’s directions."

Senior Counsel V Giri represented the appellants before the Court while Senior Advocates Siddharth Dave and Wasim Qadri as well as Advocates Anand Verma and DK Garg represented other candidates.

Additional Advocate General Manish Singhvi argued for the State of Rajasthan, while Senior Advocate Nakul Dewan argued for an intervenor. His arguments found support in the submissions made by Advocate Shiv Mangal Sharma, who appeared for one of the respondents

Wednesday 7 October 2020

ORDER XII ADMISSION - RULE 1, 2, 2A 3, 3A, 4 OF CODE OF CIVIL PROCEDURE 1908

What is Notice of admission of case? What is notice Notice to admit documents? What is the meaning Document to be deemed to be admitted if not divided after service of notice to admit documents? What is Form of notice? What is the Power of Court to record admission? What is Notice to admit acts? Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908

Notice of admission of case, Notice to admit documents, Document to be deemed to be admitted if not divided after service of notice to admit documents, Form of notice, Power of Court to record admission and Notice to admit acts are defined under Rule 1, 2, 3 and 4 of Order XII of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order XII of Code of Civil Procedure 1908 "Notice of admission of case"

Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.

Rule 2 Order XII of Code of Civil Procedure 1908 "Notice to admit documents"

Either party may call upon the other party to admit, within fifteen days from the date of service of the notice any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense.

Rule 2A Order XII of Code of Civil Procedure 1908 "Document to be deemed to be admitted if not divided after service of notice to admit documents"

(1) Every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice to admit documents, shall be deemed to be admitted except as against a person under a disability :

Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission.

(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation.

Rule 3 Order XII of Code of Civil Procedure 1908 "Form of notice"

A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.

Rule 3A Order XII of Code of Civil Procedure 1908 "Power of Court to record admission"

Notwithstanding that no notice to admit documents has been given under rule 2, the Court may, at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall in such a case, record whether the party admits or refuses or neglects to admit such document.

Rule 4 Order XII of Code of Civil Procedure 1908 "Notice to admit acts"

Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact, or facts. mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs:

Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in the favour of any person other than the party giving the notice :

Provided also that the Court may at any time allow any party to amend or withdraw any admission so made on such terms as may be just.

Tuesday 6 October 2020

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues

The Supreme Court, in a recent judgment, ruled that a daughter has the same rights as a son in ancestral property under the Hindu Succession (Amendment) Act, 2005, irrespective of whether the father was alive at the time of the amendment. Till its amendment in 2005, the principle law - the Hindu Succession Act, 1956 (HSA) - did not grant daughters rights in ancestral property. While the amendment in 2005 and the recent ruling by the Supreme Court are significant steps towards eliminating gender-based discrimination in inheritance in Hindu Personal Law, the law is not yet free of discrimination against women. In matters of devolution of property, the HSA still discriminates against women and their families.

Hindu Succession Act, 1956: The Fight To End Gender-Based Discrimination Continues

The HSA governs intestate inheritance of property belonging to Hindus, Buddhists, Jains, and Sikhs in India (approx. 80% of the population). Section 8 of the HSA governs devolution of men's property, and Section 15 governs the devolution of women's property. Under Section 15(1) of the HSA, if a Hindu woman dies without creating a living will, her estate is divided in the following order: Firstly, to the husband of the deceased woman, and her children (and children of any of her children who may have died before her); If there is no surviving husband or children, then upon the heirs of the deceased's husband; If there are no heirs of the husband, then upon the husband's parents; If the husband's parents are not surviving, then upon the heirs of the deceased woman's father; and If there are no heirs of the father, then upon the heirs of the deceased woman's mother. This scheme of devolution applies to two categories of property. First, any property the woman acquires on her own. Second, any property which she inherits from people other than her husband or her parents. The husband's natal family, therefore, has a stronger claim to the woman's self-acquired property than her own natal family. The same rule also applies to any property she inherits from siblings and distant relatives. We do not see any reciprocal provision in Section 8 for property belonging to men.

Section 15(2) of the HSA dictates how the property she inherits from her husband and parents devolves. Under Section 15(2) of the HSA, if a widow dies childless, any property she inherits from her parents devolves to the heirs of her parents (viz her siblings). Any property she inherits from her husband devolves to her husband's heirs. Again, there is no reciprocal provision in the scheme of devolution for men's property. After his children and the wife, a man's natal family has a claim over all the property which belongs to him. The woman's family is not mentioned at all.

In both Section 8 and Section 15, the fathers (and their heirs) in either case have a stronger claim than the mother. In general, relatives through male lines are given a far higher priority than relatives through women.

The injustice of these provisions is showcased perfectly in a 2009 case heard by the Supreme Court of India - Omprakash v. Radhacharan and Ors. [(2009) 15 SCC 66]. The dispute was between the brothers-in-law and parents of one Narayani Devi. Narayani Devi's husband died within three months of their marriage in 1955. Her in-laws promptly threw her out of her marital home. Narayani Devi went back to live with her parents, who provided her with an education. She then got a job and eventually amassed a significant amount of property in the form of savings in a bank account and a provident fund. Narayani Devi died in 1976, without creating a living will. Her mother then sought to claim her property, but her brothers-in-law opposed her claim. The dispute eventually ended up in the Supreme Court. The Supreme Court ruled that since Narayani Devi did not have children and did not inherit the property in dispute from her parents, its devolution would be governed by Section 15(1). Under Section 15(1) the husband's heirs - i.e. her brothers-in-law - had a stronger claim than her parents. So it came to pass that the same marital family which had thrown Narayani Devi out after her husband died, ended up with the property she acquired through her effort and skill.

This would not have happened if Narayani Devi were a man. It also would not have happened if she were Christian or Parsi. The outcome under the Indian Succession Act, 1925 (ISA), which governs intestate succession for Christians and Parsis, would have been more equitable. Similarly, the outcome would have been far more equitable if she were domiciled in Goa, which has its own unique civil code, derived from the Portuguese Civil Code.

This problem has not gone unnoticed. The 174th Report of the Law Commission of India recognised that the scheme of devolution fails to account for the possibility that a woman might be capable of acquiring property on her own, through her own effort and skill. The 207th Report of the Law Commission also noted that the HSA does a disservice to women by not recognising their self-acquired property. It also recommended an amendment to govern women's self-acquired property.

The most potent criticism of the discriminatory provisions in Section 15, has come from the Bombay High Court in its judgment in Mamta Dinesh Vakil vs Bansi Wadhwa (2012). The court determined that the HSA - in matters of devolution of property - discriminates solely on the basis of gender, and therefore violates the right to equality guaranteed under Article 15(1) of the Indian Constitution. It also criticised the HSA for being out of touch with modern times. Ultimately, though the Bombay High Court, referred the question of constitutionality to a larger bench, which has so far not been constituted. So the question of whether the discrimation violates the Constitution, is not yet settled. Even if the Court rules these provisions to be ultra vires of the Constitution, it is the legislature's job to actually amend the law.

One of the solutions that is often proposed to mitigate this issue is for women to make living wills. There are two problems with this thinking. First, a recent survey found that 73% of urban Indians are unaware of the concept of a living will, and less than 6% reported to have actually made one. Second, there is a significant cost - in terms of both time and money - in creating and executing a living will, and for getting a probate (i.e. a certification from the Court that the will is valid). Furthermore, the existence of a mitigating mechanism (in this case the right to make a living will to govern devolution) cannot excuse retaining a discriminatory provision of a law. If a law or any part of it is discriminatory, the discrimination itself has to be removed.

The HSA fails to recognise women as economic actors. It treats women as entities without agency, and it devalues the familial ties a woman has with her natal family, while fully recognising such ties for a man. The need of the day is to amend the HSA to make the schemes of devolution gender-neutral. Examples of gender-neutral schemes of devolution are already present before us in the ISA and the Goa Civil Code. The Parliament needs to take this opportunity to complete the project which started with the amendment in 2005.

scheme suit

Sec 92

Section 92 CPC applies only when the religious or charitable trust is for a public purpose. ... The suit contemplated by Section 92 proceeds on the allegation of breach of public trust or is founded on the necessity of having direction from the Court regarding the administration of such trust.²

that reason the decree and the scheme framed in that suit are without jurisdiction and void. The learned Counsel submits ... spite of the decree and the scheme framed in pursuance thereto the suit properties arc available for execution

Tuesday 14 July 2020

Difference between Legal Heir Certificate and Succession Certificate

Legal heir certificate and succession certificate are entirely different.

If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession Certificate. This certificate can be used for the purpose of transferring Electricity connection, Telephone connection/Patta transfer, House Tax, Bank Account, Filing of IT Returns etc.

If the deceased person is a Government servant then the legal heir certificate is issued for approval of family pension, or to get appointments on concerned grounds. Legal Heir certificate is also provided for various other reasons as-well.

A Succession Certificate is required when someone inherits any immovable property or movable property under the various Property Laws in the country. Most of these issues come under the Hindu Succession Act. While some of them come under the community acts or the Indian Succession Act. Issues need to be known in the right perspective for both categories.

Who issues? : Legal Heir certificates are is issued by Tahsildar of the district to identify a particular deceased person living heirs and succession certificates are issued by the court to the legal heirs of a deceased person.

Who can apply? : Only legal heir can apply for succession certificate but in the case of legal heir certificate, son/daughter/husband/wife/parents of the dead person can apply.

Documents required: Required Documents to obtain succession certificates are death certificate of a dead person, time and place of death, the name of all legal heirs and relation with the dead person. Required Documents to obtain Legal Heir Certificate are Death certificate original, Identity Card, Ration Card, the name of Family members and relationship, an affidavit worth Rs. 20 on a stamp paper.

Fee: For succession certificate, three percentage or more or less % of total value of the property will be charged. To issue legal heir certificate Rs.2 for a stamp and 20r.s for stamp paper for affidavit will be there. Sometimes officials may ask for extra fee or additional fee for lawyers also will be there.

Time period: In the case of succession certificate a newspaper notice for 45 days is issued by the court. Any person having a problem with it can file oppositions. If the court doesn’t receive any objection, it will issue succession certificate. This process may take 5-7 months. 15 to 30 days are needed to issue legal heir certificate.

Importance: The succession certificate is used for transfer or possession of property or for paying debts or security on behalf of a deceased person or for collecting debts or security on behalf of deceased. The legal certificate is used for gratuity, pension, insurance, PF, retirement claims etc.

Saturday 4 July 2020

stage of civil case

Overview Of A Civil Case

Overview

Court cases that involve disputes between people or businesses over money or some injury to personal rights are called “civil” cases.

A civil case usually begins when one person or business (called the "plaintiff") claims to have been harmed by the actions of another person or business (called the "defendant"). The plaintiff starts a court case by filing a "complaint" (a document that outlines the plaintiff’s facts and legal theories and makes a request for relief). In the complaint, the plaintiff might:

Ask the court for "damages," meaning money to pay the plaintiff for any harm suffered

Ask for an "injunction," which is a court order to prevent the defendant from doing something or to require the defendant to do something

Ask for a "declaratory judgment," meaning a court order stating the parties' rights under a contract or statute

Eventually, a judge or jury will determine the facts of the case (in other words, figure out what really happened) and then apply the appropriate law to those facts. Based on their analysis of the law and facts, the judge or jury will make a final “judgment” (sometimes also called a "decision" or "order") and decide what legal consequences flow from the parties' actions.

The parties also might resolve the case themselves. At any time during a case, the parties can agree to settle their disputes and reach a compromise to avoid trial and the risk of losing. Settlement often involves the payment of money and can be structured to result in an enforceable judgment.

Types of Cases In Civil Court

Civil courts handle a wide variety of cases. Very broadly, civil cases may involve such things as:

Tort claims. A "tort" is a wrongful act (sometimes called a "tortious" act) that causes injury to someone's person, property, reputation, or the like, for which the injured person is entitled to payment. Cases involving personal injury, battery, negligence, defamation, medical malpractice, fraud, and many others, are all examples.

Breach of contract claims. A breach of contract case usually results from a person's failure to perform some term of a contract, whether the contract is written or verbal, without some legitimate legal excuse. Examples include lawsuits for not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others.

Equitable claims. An "equitable claim" usually asks the court to order a party to take some action or stop some action. It might be joined with a claim for money. Cases for a court order to stop the destruction of property, the sale of land, or the marketing to a business' customers are are examples.

Landlord-tenant claims. Civil courts handle disputes between landlords and tenants. Cases where a landlord is trying to evict a tenant, or a tenant has moved out and is suing a landlord for the return of a security deposit are examples.

Stages Of A Civil Case

In Clark County, a civil case might be filed in small claims court, one of the justice courts, or the district court, depending on how much money is at issue and other factors. Each court has its own rules that control how a case moves forward. To see a flowchart that shows a civil case’s path through justice court or district court, click one of these flowcharts or scroll to the bottom of this page:

Flowchart - Civil Case in District Court

Flowchart – Civil Case in Justice Court

Most civil lawsuits can be divided broadly into these stages:

Pre-filing stage. During this stage, the dispute arises and the parties gather information, try to negotiate a resolution, and prepare for the possibility of a court case. To learn more, click to visit Pre-Filing Stage: Before You File A Case.

Pleading stage. In this stage, one party files papers (a "complaint") to start the court case, and the other party files some type of response (an "answer" or maybe a "motion"). To learn more, click to visit Pleading Stage: Filing a Case or Responding to a Complaint.

Discovery stage. During this stage, both sides exchange information and learn about the strengths and weaknesses of the other side's case. To learn more, click to visit Discovery Stage: Getting the Information You Need.

Pre-trial stage. In this stage, the parties start preparing for trial. They get their evidence and witnesses in order, they might engage in settlement discussions, and they may file motions with the court to resolve the case or narrow the issues for trial. To learn more, click to visit Pre-Trial Stage: Filing Motions and Prepping for Trial.

Trial Stage. During this stage, the case is heard by the judge or a jury. This could last for a couple of hours or a couple of months, depending on the case’s complexity. Witnesses are examined, evidence is presented, and the case is eventually decided and a judgment entered. To learn more, click to visit Trial Stage: Your Day In Court.

Post-trial stage. During this stage, one or both of the parties might appeal the judgment from trial, or the winning party might try to collect the judgment that was entered. To learn more, click to visit Post-Trial Stage: After the Dust Settles.

Not every civil case follows these stages. The court or the parties might rearrange the stages. And some cases have unique procedures dictated by the court's rules or a statute. To learn more, research your case at your local law library. Click to visit Law Libraries.

flowchart-civil-case-district-court

flowchart-civil-case-justice-court

Overview Of A Civil Case

Overview

Court cases that involve disputes between people or businesses over money or some injury to personal rights are called “civil” cases.

Ask the court for "damages," meaning money to pay the plaintiff for any harm suffered
Ask for an "injunction," which is a court order to prevent the defendant from doing something or to require the defendant to do something
Ask for a "declaratory judgment," meaning a court order stating the parties' rights under a contract or statute

Types of Cases In Civil Court

Civil courts handle a wide variety of cases. Very broadly, civil cases may involve such things as:

Tort claims. A "tort" is a wrongful act (sometimes called a "tortious" act) that causes injury to someone's person, property, reputation, or the like, for which the injured person is entitled to payment. Cases involving personal injury, battery, negligence, defamation, medical malpractice, fraud, and many others, are all examples.
Breach of contract claims. A breach of contract case usually results from a person's failure to perform some term of a contract, whether the contract is written or verbal, without some legitimate legal excuse. Examples include lawsuits for not completing a job, not paying in full or on time, failing to deliver goods sold or promised, and many others.
Equitable claims. An "equitable claim" usually asks the court to order a party to take some action or stop some action. It might be joined with a claim for money. Cases for a court order to stop the destruction of property, the sale of land, or the marketing to a business' customers are are examples.
Landlord-tenant claims. Civil courts handle disputes between landlords and tenants. Cases where a landlord is trying to evict a tenant, or a tenant has moved out and is suing a landlord for the return of a security deposit are examples.

Stages Of A Civil Case

Most civil lawsuits can be divided broadly into these stages:

Pre-filing stage. During this stage, the dispute arises and the parties gather information, try to negotiate a resolution, and prepare for the possibility of a court case. To learn more, click to visit Pre-Filing Stage: Before You File A Case.
Pleading stage. In this stage, one party files papers (a "complaint") to start the court case, and the other party files some type of response (an "answer" or maybe a "motion"). To learn more, click to visit Pleading Stage: Filing a Case or Responding to a Complaint.
Discovery stage. During this stage, both sides exchange information and learn about the strengths and weaknesses of the other side's case. To learn more, click to visit Discovery Stage: Getting the Information You Need.
Pre-trial stage. In this stage, the parties start preparing for trial. They get their evidence and witnesses in order, they might engage in settlement discussions, and they may file motions with the court to resolve the case or narrow the issues for trial. To learn more, click to visit Pre-Trial Stage: Filing Motions and Prepping for Trial.
Trial Stage. During this stage, the case is heard by the judge or a jury. This could last for a couple of hours or a couple of months, depending on the case’s complexity. Witnesses are examined, evidence is presented, and the case is eventually decided and a judgment entered. To learn more, click to visit Trial Stage: Your Day In Court.
Post-trial stage. During this stage, one or both of the parties might appeal the judgment from trial, or the winning party might try to collect the judgment that was entered. To learn more, click to visit Post-Trial Stage: After the Dust Settles.

flowchart-civil-case-district-court

flowchart-civil-case-justice-court

Tuesday 30 June 2020

class action suits

Sir in america class action law suits lawfirms get a minimum 20 percent and the ticket size is easily 50 million plus. Point is that in india class action is rarely used as a blitzkreig against mncs and corporates. Nestles case of arsenic on maggi noodles was a classic example but noone bothered

For other uses, see Lawsuit (disambiguation).

"Suing" redirects here. For other uses, see Sue (disambiguation).

"Civil action" redirects here. For the book, see A Civil Action. For the film, see A Civil Action (film).

"Litigators" redirects here. For the novel by John Grisham, see The Litigators.

This article has multiple issues. Please help improve it or discuss these issues on the talk page.

A lawsuit is a proceeding by a party or parties against another in the civil court of law.[1] The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.

The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators.[2] The term litigation may also refer to a Criminal procedure.

Adverse possession is claimed by a trespasser

[29/06, 9:15 pm] +91 80820 06475: One can seek declaration through a suit from Civil Court that property was in possession for more than 12 years with relevant supporting documents. But adverse possession does not work in case of properties acquired by way of 'pagadi' system.

[29/06, 9:21 pm] MJN Adv: Conveyance deed was not registered

[29/06, 9:21 pm] MJN Adv: He is the owner in equity

[29/06, 9:21 pm] MJN Adv: He must seek a declaration of title

[29/06, 9:22 pm] MJN Adv: Adverse possession is claimed by a trespasser

[29/06, 9:23 pm] MJN Adv: It is a notorious jurisdiction

[29/06, 9:23 pm] MJN Adv: It can be claimed and established very effectively

[29/06, 9:39 pm] +95 9 266 383 337: Sir in america class action law suits lawfirms get a minimum 20 percent and the ticket size is easily 50 million plus. Point is that in india class action is rarely used as a blitzkreig against mncs and corporates. Nestles case of arsenic on maggi noodles was a classic example but noone bothered

[29/06, 9:43 pm] +95 9 266 383 337: Example quoted is investors in satyam computers case.

[29/06, 9:52 pm] MJN Adv: Ok. We will seriously think of representative suits ( class action) under S.92 of the CPC

Friday 19 June 2020

Hindu sucession act

[19/06, 9:26 am] Jacob Samuel: Supreme Court has clarified that the Hindu succession act (2005) includes daughters who were born prior to the date of the introduction of the law as well

[19/06, 9:29 am] Jacob Samuel: amended Hindu Succession Act of 2005 stipulated that a daughter would be a 'coparcener' since birth, and have the 'same rights and liabilities' as a son.

With the coming of the Hindu succession act in 2005, daughters got equal rights in their ancestral assets. Last week, the Supreme Court clarified that the law applies to all daughters, irrespective of whether they were born before or after the coming of the law.

Who is a coparcener?

A coparcener is the one who shares equally in the inheritance of an undivided property.

What exactly did the court say?

The court said that her (a daughter's) share in ancestral property could not be denied on the ground that she was born before the law was passed, and the law was applicable in all property disputes filed before 2005 and pending when the law was framed.

The bench said:

The law relating to a joint Hindu family governed by the Mitakshara law has undergone unprecedented changes. The said changes have been brought forward to address the growing need to merit equal treatment to the nearest female relatives, namely daughters

It added that the law was amended to give daughters equal status to sons' in property matters. The bench added that:

These changes have been sought... on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected

[19/06, 9:37 am] Leslie Boby Adv: Yes this right

[19/06, 9:37 am] Leslie Boby Adv: It just say whether she was born hindu sucession act 1955 or hindu sucession act 20p5

[19/06, 9:38 am] Leslie Boby Adv: It just say whether she was born hindu sucession act 1955 or hindu sucession act 2005

[19/06, 9:38 am] Leslie Boby Adv: Still she can inherit property aame as brother

[19/06, 9:39 am] Leslie Boby Adv: If she was born on 1956 act and she come hindu sucession 2005 it still accepted

[19/06, 9:39 am] Leslie Boby Adv: According this judgement

[19/06, 9:40 am] Jacob Samuel: As per my openin she us entitled to the share and High court judgment is correct.

We should make some point against it formoot purpose

[19/06, 9:40 am] Leslie Boby Adv: The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it.

[19/06, 9:40 am] Leslie Boby Adv: This a good point only

[19/06, 9:40 am] Leslie Boby Adv: To go against

[19/06, 9:41 am] Leslie Boby Adv: I found a case of prakash vs phiulavati& ors is same as the respondent situation where father died before 2005. Then she has no share in the ANCESTRAL property

[19/06, 9:41 am] Leslie Boby Adv: I am still reading this case

[19/06, 9:46 am] Leslie Boby Adv: But according to prakash vs phulavati ors case it says phulavathi will get the share from self aquired property according to the will of the father , if there is a will , if no will all remaining will get equal shares. Here no will. It means if there is any self acquired property she will get equal share as the son

[19/06, 9:52 am] Leslie Boby Adv: https://indiankanoon.org/doc/143363828/

[19/06, 9:52 am] Leslie Boby Adv: Points 7,14 and 24

[19/06, 9:54 am] Leslie Boby Adv: Read 8 what I understand from the facts. Deceased 1 (father) , A1 and A2 expanded the property. 1. Two shops in shimla 2. 3. And 4.. Now the question is , is this self aquired property? If it is self aquired property , whatever father have acquired the daughter will get a share according to1956 act whether married or not. only on what father acquired , not on brothers acquired. Then we need to check further with evidence which properties father bought so that daughter get a share

[19/06, 10:08 am] Leslie Boby Adv: This is an appeal given by the brothers in the supreme court because the the respondent after 2005 amendment act put a suit for partion (read the 14. Facts a , b, c) and the HC approved. Then we look at these claims only and the appellant reply. 1/3 rd share is not in the respondents claim from the mother after 2005

[19/06, 10:26 am] Jacob Samuel: Who gave this points

[19/06, 10:28 am] Jacob Samuel: Brothers appellants added new properties is iit in their name or as joint family property

[19/06, 10:50 am] Leslie Boby Adv: Not sure. It says D1(father) and brothers added more properties. Then she has share only on the self aquired property of father not brothers. I hFind a case law supporting this

[19/06, 11:09 am] Leslie Boby Adv: Sure uncle.I still doing that.I still revising class 1 heir and copacentary property

[19/06, 11:09 am] Leslie Boby Adv: I think they a proximity rule

[19/06, 11:09 am] Leslie Boby Adv: Copacentary property what I remember.The closer the relation.That person inherit property.

[19/06, 11:10 am] Leslie Boby Adv: It like brother and sister father more close.He give property them not his relatives

[19/06, 11:11 am] Leslie Boby Adv: Class 1 heir som of preadeased son of predeceased son.The first one inherit.Son of dead son son of dead son

[19/06, 11:12 am] Leslie Boby Adv: They a proximity rule

[19/06, 11:12 am] Leslie Boby Adv: It just the closer relation the person get property

[19/06, 11:14 am] Jacob Samuel: · Coparcenary is a term used in matters related to Hindu Succession Law. It refers to a person who has the capacity to assume a legal right in his ancestral property by birth. It means 'unity of title, possession and interest'.

[19/06, 11:17 am] Leslie Boby Adv: I do not think you get from paternal grandfather

[19/06, 11:17 am] Leslie Boby Adv: Because generation far away

[19/06, 11:17 am] Leslie Boby Adv: This what I rememeber

[19/06, 11:18 am] Leslie Boby Adv: Whenever a child born he has right his ancestral property

[19/06, 11:19 am] Leslie Boby Adv: Ancestral property just mean grand father or parents or 3 generation old grandfather.

[19/06, 11:22 am] Leslie Boby Adv: Yes they two school dahabhya school and mistakshra scholl

[19/06, 11:22 am] Leslie Boby Adv: They different society flow different tradition.Let ke try remember which school for kerala

[19/06, 11:30 am] Jacob Samuel: By virtue of the Hindu Succession (Amendment) Act, 2005, the daughters of a family, who are governed by Mitakshara Law, can now be recognized as coparceners in the Coparcenary property. The said Amendment further, by virtue of the amended Section 6(1)(a) and (b) gave them equal rights as the sons.

[19/06, 11:32 am] Jacob Samuel: According to Mitakshara law in the North, whenever a partition takes place between father and son, the wife of the father should be given a share equal to that of a son. It needs to be emphasized that a female member cannot demand partition.

[19/06, 11:34 am] Jacob Samuel: What are the Characteristic Features of Mitakshara Coparcenary?

Article shared by

Characteristic features of Mitakshara Coparcenary are as follows:

In State Bank of India v. Ghamandi Ram, the Supreme Court observed: “A coparcenary under the Mitakshara School is a creation of law and cannot arise by act of parties except in so far that on adoption the adopted son becomes a coparcener with his adoptive father as regards ancestral properties of the latter. The incidents of coparcenership under Mitakshara law are:

[19/06, 11:34 am] Jacob Samuel: (i) First, the lineal male descendants of a person upto third generation, acquire on birth ownership in the ancestral properties of such person,

(ii) Secondly, that such descendants can at any time work out their rights by asking for partition;

(iii) Thirdly, that till partition, each member has got ownership extending over the entire property conjointly with the rest;

(iv) Fourthly, that as a result of such co-ownership the possession and enjoyment of properties is common

[19/06, 11:35 am] Jacob Samuel: (v) Fifthly, no alienation of the property is possible unless it be necessity, without the concurrence of the coparceners;

(vi) Sixthly, that the interest of the deceased member lapses on his death to the survivors;”

The following are the characteristic features of the Mitakshara coparcenary:

[19/06, 11:37 am] Jacob Samuel: ) Exclusion of Females:

In Mitakshara coparcenary no female can be its members, though they are members of joint family. Even the wife who is entitled to maintenance enjoys only the right to maintenance but she can never become a coparcener.

Thus a female does not have the right to demand partition. Since she is not a coparcener, she cannot become the Karta of the family. An alienation of the property of the joint family by her will not be binding on her sons and daughters. The alienation of her own share is not binding upon herself.

It is worthwhile to mention that the Hindu Women’s Right to Property Act, 1937, conferred a special status on the widow and made them eligible to inherit the coparcenary interest along with her sons, although she took it as a limited estate. Thus she acquired the status like that of coparcener entitled to a share, equal to that of her sons. For example, A who constitutes a coparcenary with his two sons, namely, В and C, dies leaving behind his widow, W, two sons, В and C. Under the Hindu Woman’s Right to Property Act, 1937, W inherited the coparcenary property along with В and С and would get 1/3 share each.

(5) Devolution by Survivorship:

One of the distinctive features of coparcenary is that the coparcenary interest of a coparcener in coparcenary property on his death does not devolve on his heirs by succession but on the other hand it passes by survivorship to the other coparceners. Thus right by birth and right of survivorhsip are necessary incidents of community of interest and unity of ownership, which signify joint possession not an exclusive possession.

(6) Right of Maintenance:

All the members of coparcenary are entitled to maintenance by birth out of joint family property. They continue to enjoy this right so long the coparcenary subsists. Where any member fails to get any share on the coparcenary property even after partition he retains the right of maintenance.

Some special provisions have to be made for them at the time of partition. Female members and other male members who do not get a share on partition such

[19/06, 11:42 am] Jacob Samuel: Prepare a detailed note on all this

You can get ample substance to defend🙏🙏

[19/06, 11:43 am] Leslie Boby Adv: You have commentary

[19/06, 11:43 am] Leslie Boby Adv: Cool

[19/06, 1:06 pm] Leslie Boby Adv: Uncle I cannot see picture not clear

[19/06, 1:06 pm] Leslie Boby Adv: I tell what I know mitakashra school.what I remember during my 2 year

[19/06, 1:07 pm] Leslie Boby Adv: Is that

[19/06, 1:07 pm] Leslie Boby Adv: Two law school are there hindu family

[19/06, 1:07 pm] Leslie Boby Adv: School very ritual family divided

[19/06, 1:09 pm] Leslie Boby Adv: Mitakshtra school is applicable this case not dahabhaga school because are people who north indian,jammu and Kashmir Up govern by mitakshtra law

[19/06, 1:11 pm] Leslie Boby Adv: Now dahabhaga school it governed by bengali ,kerala .It for south Indian

[19/06, 1:12 pm] Leslie Boby Adv: Different between society

[19/06, 1:12 pm] Leslie Boby Adv: Now dahabhaga school is matriarchal scoiety

[19/06, 1:13 pm] Leslie Boby Adv: Now the concept is that

[19/06, 1:13 pm] Leslie Boby Adv: This moot problem that

[19/06, 1:13 pm] Leslie Boby Adv: This school only mitakshtra school applicable if judge ask what school applicable

[19/06, 1:13 pm] Leslie Boby Adv: Because these people from himchal pradesh

[19/06, 1:14 pm] Leslie Boby Adv: Mitaksha school is patriarchal society

[19/06, 1:14 pm] Leslie Boby Adv: Now see the moot court problem.

[19/06, 1:15 pm] Leslie Boby Adv: Mitaksha school.If father die intestate without making will

[19/06, 1:16 pm] Leslie Boby Adv: The closest person will be son.He will inherit because it patriarchal society. The son will become the karat after father die.Maybe he get shares and I win case this way maybe.If say this

[19/06, 1:21 pm] Leslie Boby Adv: Now dahabhaga school is matriarchal society.Lady rule.She will become karta first when die father not son

[19/06, 1:23 pm] Leslie Boby Adv: But ,mitaksha school still the son given first preference become karta eventhough after amendment right daughter get property.Now after that the next son become karta.

[19/06, 1:25 pm] Leslie Boby Adv: Son has no right of self acquired property of father until father give him.

[19/06, 1:27 pm] Leslie Boby Adv: Judge ask under which law you governed.If I north indian.I say mitaksha school.now the karta this case will be any of those appellant.I am not sure which because both different age.Maybe the oldest one.

[19/06, 1:29 pm] Leslie Boby Adv: This what I remember my teacher explain me about the schools

[19/06, 1:29 pm] Leslie Boby Adv: Uncle sent me clear picture of the school.It not clear

[19/06, 2:19 pm] Jacob Samuel: The Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.

[19/06, 2:20 pm] Jacob Samuel: 🌈Second, it proposes to omit section 23 of the original Act, which disentitles a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein.

[19/06, 2:21 pm] Jacob Samuel: 🌈Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father's property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband's family.

[19/06, 2:22 pm] Jacob Samuel: 🌈The Hindu Succession (Amendment) Act, 2005. ... It was essentially meant for removing gender discriminatory provisions regarding property rights in the Hindu Succession Act, 1956. It was a revolutionary step in the field of Indian legislation regarding rights of women in India.

[19/06, 2:25 pm] Jacob Samuel: 🌈🌈Women, since the vedic times were dominated because of the she is women. She can only live life under her husband, father, sons etc. but after certain changes in law women get various rights & privileges for living with dignity under Article 21 of the Indian Constitution. In ancient time women does not having any kind of share or ownership in fathers property because the domination of male in succession e.g. male is the head of the joint family & therefore he holds the rights to ancestral property. Hindu Succession Act 1956 originally did not gave inheritance rights in ancestral property but ask for a right to sustained/maintain from Hindu Joint family. Most effect was done in status of women in his father’s property after the Hindu Succession Act 2005 this amendment try to maintain Article 14, 15, & 21 of the constitution of India. There are certain provisions of Hindu Succession Act 1956 amended by Hindu Succession Act 2005 after this amendment various issues raised regarding interest of women in ancestral property and whether this amendment Act having a Prospective effect or Retrospective effect upon this issue Judiciary Court gave excellent interpretation or explanation for prospective effect.

[19/06, 2:26 pm] Jacob Samuel: All the above 👆🏽👆🏽👆🏽are against our side

[19/06, 2:32 pm] Jacob Samuel: Find out some points

Like.

A memorandum was made between them to share property.

2.a major property was accured by the sons.