HINDU ADOPTION AND MAINTENANCE ACT 1956
Explained: Adoption procedure for NRIs, OCI cardholders, and foreign nationals
Non-resident Indians (NRIs), Overseas Citizen of India (OCI) cardholders, and foreign nationals have equal priority in adopting orphaned children in India. A detailed guide outlines the eligibility, registration, document requirements, and post-adoption formalities for NRIs and foreign prospective adoptive parents.
India breaks gender bias as preference for adopting girl child increases
India sees a shift towards adopting girls under HAMA, with Punjab leading. Most adoptive parents prefer children under 6. Chandigarh, Himachal Pradesh, and Tamil Nadu also show significant girl adoptions, reflecting a trend towards gender equality in adoption.
Uttarakhand's UCC changes inheritance laws: Who is covered and how will it impact individuals living in other parts of India?
Uttarakhand UCC Law: Uttarakhand became the first state in the country to pass the Uniform Civil Code (UCC). The UCC will make the uniform laws on marriage, divorce and inheritance irrespective of their religion for every individual in the state. Further, the eligibility of Uttarakhand UCC is quite wide and can impact those living in other parts of India.
What's Uniform Civil Code: What does Constitution say about UCC and why it's so controversial in India?
Uniform Civil Code (UCC): The debate over India's Uniform Civil Code (UCC) intensifies as proponents push for a unified legal framework, while opponents cite concerns over religious diversity and minority rights. Rooted in the Constitution's Directive Principles, the UCC aims to standardize personal laws across religions. However, its implementation remains contentious, entangled in political maneuvering and complex cultural considerations.
Unmarried, widowed daughter entitled to deceased father's estate not divorced daughter: Delhi High Court
The high court made the observation while dismissing an appeal filed by a divorced woman challenging a family court order which had rejected her claim of maintenance from her mother and brother. The high court said the claim for maintenance has been made under Section 21 of the Hindu Adoptions and Maintenance Act (HAMA) which provides for the dependents who may claim maintenance.
Are daughters entitled to the self-acquired properties of father?
Readers'estate planning queries answered for the week.
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View: Support Uniform Civil Code to strengthen democracy, especially gender equality
Whether adding challenges to national integrity would strengthen democracy is moot. But these matters are not central to how the Opposition, in particular, Congress, should respond to BJP's UCC move. Right now, Congress has chosen discreet silence, saying it has to see the specific proposals put forward by BJP on UCC before it reveals its stand. This will not sustain.
Be it alimony or property, women should not let go of these money rights
If the property is in husband’s name, but wife has paid for it: The husband can claim it unless the wife can prove her contribution to the purchase of the property, in which case, she can stake a claim in the property.
My father has left his self-acquired houses to me in his will. Can my brother stake a claim to these properties?
Readers' estate planning queries answered.
How to set up an HUF
As the word Hindu in HUF implies, it is connected with one being a Hindu. Only a Hindu can have an HUF. For this purpose, in addition to a Hindu those who are Jain, Buddhist, Sikh are also treated as Hindu for this purpose and therefore they can have their own HUF.
How a woman can quietly plan, prepare for divorce
Getting a divorce has obvious emotional implications but what's often overlooked is the financial aspect of spousal separation. To maintain the same lifestyle as she had when married, a woman must ensure a reasonable alimony/maintenance amount in the event of divorce. Here are some handy tips to make sure as a woman that you don't get the short end of the stick, financially.
Parliament panel recommendation on adoption raises bigger question of recognising same-sex union: Experts
Homosexuality in India was decriminalised in 2018 but same-sex marriages are still not recognised. Also under the Juvenile Justice Act, either single persons or a couple in a stable marital relationship can adopt. Tara Narula, advocate and legal fellow at 'HAQ: Centre for Child Rights' said the law does not permit or prohibit adoption based on sexual orientation, so any person can adopt under either the Juvenile Justice Act or Hindu Adoptions and Maintenance Act (HAMA).
Adopt change: Why there's an urgent need to reduce long-waiting period for adoption in India
According to data submitted by the National Commission for Protection of Child Rights (NCPCR) to the Supreme Court last year, over 3,600 children have been orphaned between April 1, 2020, and June 5, 2021, alone. However, there are only 2,240 children available for adoption under CARA, as on June 1. Experts say efforts must be made to bring more children into the adoptable pool. "Right now, we don't have an exact figure of total orphans in the country.
What a husband stands to lose if he divorces his wife
When you are finding it difficult to hold your marriage together and contemplating a formal separation, you need to be mindful of not only the emotional stress but also the financial implications. Giving alimony to the estranged spouse is often a sizeable chunk of a person’s net worth.
6 situations in which you and your children lose legal right to inherit a property
As per the Hindu Succession Act, if a Hindu Male dies intestate (i.e. without having a will), then class-I legal heirs will have first right over the assets including property. However, there are six situations where an individual and his/her children lose their legal right over the assets such as bank a/cs, mutual funds, property etc.
Unmarried daughter can claim marriage expenses from parents: Chhattisgarh HC
The Chhattisgarh High Court has ruled that an unmarried daughter can claim the expenses of marriage from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956. A division bench of the high court in Bilaspur was hearing a petition filed by a 35-year-old woman, Rajeshwari, a native of Chhattisgarh's Durg district.
Money & relationships: What to do if husband does not pay child support after divorce
In many cases, the father either pays reluctantly or stops paying maintenance for the child altogether, leaving the mother to fend for herself. If you are separated from your spouse, find out what he is legally required to do for the financial upkeep of your child.
Government introduces new regulations to make inter-country adoptions easier
The Women and Child Development Ministry in a notification issued late on Friday, said CARA shall issue a no-objection certificate for Hague-ratified countries.
Government to make it easier for NRIs adopting in India to take child back to country of residence
The move follows much debate and consultations over bridging the gaps and address this critical concern as there is no mechanism for inter-country adoption under HAMA. Since adoptions under HAMA are not covered under the Juvenile Justice system, CARA was not authorised to issue NOCs, a mandatory requisite under the Hague Convention.
Govt to simplify child adoption rules, make stricter regulation for child care centres
Adoptive parents who wish to move to a foreign country along with their child within two years of adoption will also be allowed to do so under the new rules.
Legal heirs of a woman if she dies without will
In most cases, a will ensures that the assets are transferred to the desired beneficiaries, which may not happen if a person dies intestate, especially in case of Hindu women. The succession laws for women vary according to their religion.
AIMPLB moves SC opposing plea seeking uniform grounds of maintenance and alimony
The AIMPLB opposed advocate and BJP leader Ashwini Kumar Upadhyay's plea on the basis that personal laws cannot be tested on the anvil of Articles 14, 15, 21 and 44 of the Constitution.
Can a father gift his property to son without consent of wife, daughter?
Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone.
Lessons from Murugappa: What are your inheritance rights as a woman?
Succession and inheritance laws are still grey areas for many women, largely due to the lack of uniformity.
Money & Relationships: When can a woman claim maintenance from a man?
Here are the laws and circumstances under which a woman can claim money for herself and her children whether she is separated or divorced. Due to different religions in India, marriage, divorce and maintenance are governed by their personal laws.
Money & Relationships: What are woman’s rights in a live-in arrangement?
It is important for a woman to know her financial rights whether in a marriage or in a live-in relationship to avoid the shorter end of the stick. Over the years, Courts have also defined the rights of a woman financial and otherwise.
Parliament passes law removing leprosy as ground for divorce
The Rajya Sabha on the last day of the Budget session passed the Bill without debate after consensus on the issue.
LS passes bill to remove leprosy as ground for divorce
The bill seeks to remove leprosy as a ground for divorce in five personal laws -- Hindu Marriage Act, Dissolution of Muslim Marriages Act, Divorce Act (for Christians), Special Marriage Act and the Hindu Adoptions and Maintenance Act.
Bill in Lok Sabha to remove leprosy as a ground for divorce
Introduced by Minister of State for Law P P Chaudhary, the provision of leprosy as a ground for divorce was part of the laws because when these acts came into being, leprosy was incurable.
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