Property Law

Property Law

Family Law

Property Law deals in specifying the legalities of the property and ascertaining the ownership rights on the same of the individuals, companies, and other entities.

Property Act relating to Family Laws

This act governs the distribution and proportion of property (either Ancestral or Self-Acquired) between married couples, and their kids (both son(s) & daughter(s)) or legal heirs in cases of succession as governed under the Hindu Succession Act, 2005.

As mentioned in the Hindu Succession Act, 2005, a coparcenary comprises the eldest member and three generations of a family.

Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.

 

What is a Succession Certificate?

Succession Certificate is a document that is granted by a civil court to the legal heirs of a deceased who dies without leaving a will. It is granted by the court to realize the debts and securities of the deceased. It is issued by the government, usually to establish a relationship for claims relating to Insurance, pension, retirement benefits or service benefits of central and state government departments, Government undertakings etc.

According to Section 372 of the Hindu Succession Act, in order to obtain a succession certificate in Civil Court, the legal heirs can apply for a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided.

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