A legal heirship certificate is an essential document, sought by the legal heirs of a deceased individual for processing intestate succession related application in government offices. The process of applying for and obtaining a legal heirship certificate is by itself an arduous process and is riddled with a plethora of unresolved questions. The most significant of them is the issuance of legal heirship certificate to Class II legal heirs when there are no surviving Class I legal heirs.
Continue Reading Untangling the legal heirship certificate conundrum in Tamil Nadu
Abhilash Pillai
Partner in the real estate practice at the Bangalore office of Cyril Amarchand Mangaldas. Abhilash has experience in advising real estate funds, multi-national companies, lenders, borrowers, retailers, institutional and non-institutional real estate investors, developers and operators in a broad range of business arena.
His practice areas include advising on all aspects of investments into real estate projects, creation of security, sale and purchase of real properties, including commercial leasing, due diligence, structuring, negotiation and documentation of the transaction, drafting and negotiating agreements relating to sale, mortgage, loans, license, construction, services, agency & franchise, litigation and arbitration related to real properties, among many others and advising domestic and international corporate clients on their general legal requirements.
Abhilash has been recognized in 2014 by the Legal 500 Asia Pacific India Guide to Law Firms. He can be reached at abhilash.pillai@cyrilshroff.com
Supreme Court on the Rights of Inter-faith (Hindu-Muslim) Children
The Supreme Court of India, in the case of Mohammed Salim vs Shamsudeen[1], has finalised the views of a number of High Courts by ruling that a child born out of the marriage of a Muslim man and Hindu woman is legitimate and the child is entitled to inherit the property of the father.
This is a very significant judgment in the current socio-cultural milieu, even though inter-faith marriages are still deeply frowned upon.
Inheritance Rights of a Child Born Out of an Irregular Marriage under Muslim Personal Laws
All matters (except those relating to agricultural land) with respect to intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, maintenance, dower, gifts etc., of Muslim followers are governed by the Muslim Personal Law (Shariat) Application Act, 1937 (Shariat). Shariat extends to the whole of India except the state of Jammu & Kashmir.
Continue Reading Supreme Court on the Rights of Inter-faith (Hindu-Muslim) Children