Calculate Capital Gains on Sale of Inherited Property
Property

Calculate Capital Gains on Sale of Inherited Property

Sale of immovable property in India is taxable during the year of the sale. A long term capital asset is considered to be any immovable property held for a period of more than 24 months, and in case of inherited property, the holding period is calculated from the date of the acquisition by the original owner (deceased person). Taxation on the sale of inherited property is varied from that of a property obtained through purchase. When an asset is inherited, Estate Tax (also known as Inheritance Tax) is levied. Section 56(ii) of the Income Tax Act states that there is no inheritance tax applied irrespective of the cost of the property inherited, but in case the heir decides to sell the inherited property, the capital gains are taxed.

Price of Property

The price of the property will also be calculated in relation to the original owner's expenses. If the property was purchased by the original owner before 1 April 2001, the cost may be replaced with the fair market value, provided that it does not exceed the stamp duty value on that day. The original owner or taxpayer's cost of improvement, or capital expenditure, expended for adding additions or improvements to the property after 1 April 2001 can also be taken into account for calculating capital gains in such a transfer. The indexation cost of purchase is calculated using the Cost Inflation Index (CII). For computing CII, the years 2000–2001 are used as the base year. All real estate purchases made before to 2000–2001 are regarded as having a CII of 100. Every year, just before the start of the fiscal year, the government updates and releases the CII. The CII is essential for determining the inflation-adjusted rise in the cost of the property and is used to determine the tax on the sale of inherited property. 

Capital Gains Tax on Sale of Inherited Property

Capital Gains Tax on the property are divided on the basis of the length of time for which the initial owner and the subsequent inheritor held the property with them. It will be taken into account how long the initial purchaser and the inheritor held onto the property. Therefore, even if an inheritor only received the estate last year but the original buyer made the purchase five years prior, the inheritor will still be liable for paying LTCG tax when selling the inherited property. Accordingly, the following kind of tax can be levied: 

  1. Short Term Capital Gains Tax: If a property is held for less than 3 years, STCG is calculated as per the marginal income tax slab of the inheritor and can be up to 30%.

  2. Long Term Capital Gains Tax: If a property is held for more than 3 years, then LTCG of a fixed 20% is applicable. One can get an exemption on LTCG on two grounds: 

  1. One has the option to spend the LTCG within three years of the sale date on new property building or within two years of the selling date on new property acquisition.

  2. The alternative choice is to purchase bonds from the National Highway Authority of India (NHAI) or the Rural Electrification Corporation (REC). These bonds, commonly referred to as capital gain bonds, were made particularly to assist individuals in obtaining LTCG tax exemption.

If the LTCG is not invested by the time the India tax return is due (on July 31), there is a choice to deposit the capital gain in a Capital Gains Account Scheme (not later than the India tax return due date) and then withdraw the money to reinvest in a new residential property within the allotted time (2 years or 3 years, depending on the situation). The remaining amount of the LTCG will be subject to tax if it is not fully reinvested or put into the scheme.

Steps to Calculate Capital Gains: 

To calculate capital gains, one needs to be aware of the cost of acquisition and indexation, then the cost of the property in itself. To calculate the capital gain, the cost at which the previous owner (not the inheritor) got the property is considered the acquisition cost. On the basis of the data updated till 2001, the price is decided.  

Hence, sale of inherited property requires tax considerations and should be structured effectively.

How to file domestic violence case against husband
Divorce/Dowry

How to file domestic violence case against husband

Domestic violence is a very common problem that the country is currently faced with. According to Section 3 of the Domestic Violence Act, 2005, it is any act, the commission or omission of which leads to physical harm, or any injury that leads to risk to life, safety or well-being, or any act which is intended to coerce her into providing the husband and his family with dowry. The laws around domestic violence are only for women, and hence all of them are from a heteronormative perspective of a man being domestically abusive to his wife. Realistically, it can be mental, physical, emotional, sexual or in a lot of cases, financial. Domestic violence is an offence both under the Indian Penal Code and the Domestic Violence Act, 2005, but the IPC declares it as an offence while the DVA puts down the procedure through which a case regarding domestic violence can be filed. In India, domestic abuse affects more than 55% of women, particularly in the northern states of U.P., M.P., and other states. A report by the United Nations Population Fund states that almost two-thirds of married Indian women are assaulted at home. However, for the sake of their children, the majority of women choose to remain with their husbands and put up with the abuse. While a select few others choose not to file the complaint because they do not want to engage in protracted legal proceedings either because they are financially unable to do so or because they are afraid of being subjected to public disgrace and scrutiny. As a result, the majority of domestic violence incidents go undetected.

Apart from the legal route which a woman can take by appointing a lawyer for herself, there are helplines set up by the government and non-profit organizations / shelters which also help women facing an abusive marital household. 

 

Procedure to file a domestic violence case

 

Police station: Here, the police will file a First Information Report (FIR), a Domestic Incident Report (DIR), or they will point the victim in the direction of the local Protection Officer in charge.

The first point of contact for domestic abuse cases in a district is a protection officer. The victim will be assisted by a protection officer in filing a DIR and a court case.

The perpetrator of domestic violence, or any witness to the crime, may submit a FIR or complaint on the victim's behalf with the local police officer, the protection officer, the service provider, or the Magistrate. The judge of the court where either the victim or the accused lives, or where the offence was committed, hears cases of domestic violence.

 

  1. Within three days of the complaint's filing, the magistrate must begin hearing the matter after receiving the complaint.

  2. The Magistrate must also give the Protection Officer the notice of the hearing date so they can give it to the Accused.

  3. The court must, in the majority of cases, decide the case within sixty days of the first hearing.

  4. You can even ask the Magistrate to conduct the hearing in secret, meaning you won't need to show up in person and the hearing will be conducted via video conference.

  5. The court may issue any of the following directions as it may seem necessary in the circumstances of the case, provided it is convinced that a real domestic violence case was filed and the accused truly committed the offence (you can also request the court to pass any of these orders):

  • Protection orders: These orders allow the court to further limit the accused from abusing you or any of your family members and even forbid them from entering your home or place of employment. You may get a protection order as an interim relief, that is, before the final judgement is rendered.

  • Residence orders: The court may prevent the accused from ejecting you from your marital home and may even forbid him from entering the part of the home where you are residing if it is convinced that you have nowhere else to go or for any other reason.

  • Financial relief: You may also seek the court to order the accused to pay for your medical costs and any other losses that you have incurred as a result of the offence being committed.

  • Child custody: The applicant may also be given interim custody of the child(ren) in question by the court.

  • Compensation orders: In addition to the aforementioned reliefs, the magistrate has the authority to order the accused to pay damages and compensation for injuries, such as mental anguish and emotional distress, brought on by acts of domestic violence.

 

Until the victim files a request with the court to have them revoked, these orders will be in effect. If the court does not rule in the favour of the victim, you have thirty days from the date the ruling is made to file an appeal against the ruling.

 

Case under IPC

A three-year prison sentence, a fine, or both may be imposed as punishment for the crime of domestic violence under Section 498a of the Indian Penal Code, 1860. As a result, the husband or his relative can be the subject of an FIR at the neighbourhood police station in your area for an offence under Section 498a. One can also seek legal advice from a professional with experience handling domestic violence cases.

 

Anonymous Cases


In case the victim does not feel comfortable having their name on the report, they can also take assistance from any of the NGOs or National Commission for Women, as they file a report on behalf of the victim. Domestic abuse, dowry harassment, and sexual assault complaints may be investigated by the National Commission for Women (NCW). Assembling an inquiry committee that conducts on-the-spot investigations, interviews witnesses, gathers evidence, and submits a report to NCW with recommendations regarding the complaint, NCW will assist in monitoring and accelerating investigations conducted by local police. It will also offer the option of counselling or mediation, where the dispute can be resolved without going to court.

Verify these Legal Aspects while buying plots, property
Property

Verify these Legal Aspects while buying plots, property

Property investments need a lot of capital, and any mistake made along the way will put the buyer in a lot of problems if they do not take into account complete paperwork, and information about the property. 

 

Below mentioned are the necessary legal aspects one needs to keep in mind while buying plots, property

 

Legal Aspects to keep in mind while buying property.

Title

Buyers must first do their due diligence to verify the existence of the seller's title, its nature, its marketability, and the seller's capacity to transfer a clear, marketable title that is free from encumbrances. Documents pertaining to the property's title include the following: Government orders for grants, succession certificates, sale deeds, gift deeds, wills, division deeds, etc. These documents show how title has changed hands through the years, ultimately vesting in the seller. 

 

Leasehold, freehold, or development right must be kept in mind. Also, the power of attorney and development agreement signed by the owners in the seller's favor, should the seller assert development rights to the land or not must be checked. 

 

At the office of the jurisdictional sub-registrar of assurances, all title documents are properly stamped and registered. Under the seller's name, Khata registered. Details of ongoing or concluded legal cases. The seller must be able to provide the original title documents.

 

Identity of the seller

Additionally, the buyer should learn the seller's name and any special terms that may apply to the seller's capacity to transfer the property. 

 

If the seller is an individual, their place of residence, their nationality, and whether or not they need approval from the relevant authorities before the sale can proceed. Identifying each owner of a property, if there are many owners. Where the seller is an organization—a company, trust, partnership firm, society, etc. In addition to ensuring that the individual signing and registering the sale deed has the legal authority, the entity's constitution documents are required to establish its capacity to possess and transfer the property.

 

When the property is held by a minor or a person who lacks capacity, orders from the appropriate court authorizing the sale of the property and appointing a guardian.

 

Before purchasing a plot, one should must verify the seller's identity using documents like one's passport, Aadhaar number, PAN number, income tax returns, salary certificates, etc.

 

Land use permission

Since numerous state regulations prohibit non-agriculturalists from purchasing agricultural property, the merging of revenue lands with urban conglomerates and the conversion of property for non-agricultural usage take critical significance.

 

The buyer needs to make sure the land is developed in line with the zoning plan, which may include residential, commercial, industrial, public/semi-public, parks and open spaces, etc. by looking through the Master Plan. It is necessary to acquire directives from the Town Planning Authority authorizing changes to land use where actual use differs from the notified zoning.

 

Approvals

When buying an apartment or a plot of land with a built-up structure, the buyer should also carefully examine the building plan and layout approved by the local municipal authorities, as well as any other approvals given by governmental, statutory, and regulatory bodies for the provision of infrastructure facilities like water, sewage, electricity, environmental clearance, and fire safety approval, among others.

 

To obtain the "intimation of disapproval," or initial permit needed for building construction, it is necessary to ask the builder for copies of NOCs from various departments, including the Pollution Board, Environment Department, Sewage Board, and Traffic and Coordination Department.

 

Occupancy Certificate

Prior to selling the property, the seller must obtain the occupancy certificate from the appropriate authority. Along with the potential for demolition, use of the property without securing occupancy subjects the buyer to fines under the relevant building bye-laws. 

 

Taxes

The property incurs a charge for unpaid taxes, which reduces its marketability. Therefore, the buyer must confirm with the local government that the seller has not fallen behind on paying property taxes. Request the seller's receipts for all of the utility bills. Please be aware that after the property is transferred into buyer’s name, buyer will be responsible for paying any outstanding debts, including utility bills.

 

Encumbrance

If the seller is a company, searches at the Ministry of Corporate Affairs' official website or the jurisdictional sub-registrar office will provide details about any registered encumbrance on the property. Prior to closing the deal, the buyer may, out of an abundance of caution, publish a notice in the newspapers asking for any claims from interested third parties.

 

Physical Survey

In order to validate the size and dimensions of the property, the buyer may conduct a physical survey. In the case of land, it is wise to establish the location of the property's entrance and limits as well as any other physical features that would make it difficult for a person to use the land as they see fit.

Compliance under the Real Estate (Regulation and Development) Act, 2016 (RERA)

According to the RERA, developers are required to register their projects with the organization created by the Act. A buyer who wants to purchase a property in a development covered by the RERA is recommended to check to see if the property has been registered with the authority. 

 

Information on any cases or complaints brought against the project developer or developer default is also available on the official RERA web portal for each state. The legislation requires all real estate brokers to register with the state RERA in order to conduct business legally, therefore buyers should be aware of this requirement.

 

Loan outstanding

Perform due diligence and review some paperwork before signing a contract to ensure there are no loans owed on the property you are purchasing. Before making a purchase, it is advised that the buyer request the loan's closure and obtain a "no dues certificate" from the bank.

 

Conclusion

To conclude, one of the most crucial records that serves as the foundation for the sale and transfer of ownership of the subject property is the sale deed. Never consent to sign anything without first conducting one’s own inquiry. Check the RERA ID and registration of an agency or a developer, even if they come highly recommended by individuals one knows. Never consent to offering cash in lieu of tax relief. Never consent to buying or selling a property on another person's behalf.

Legal Child Custody Rights in India
Child Custody

Legal Child Custody Rights in India

Divorce between a married couple entails not only dividing the couple's assets, but if they had children who were minors or incapable of making their own decisions, the court also decided who the child would live with primarily and how custody would be divided. The word “custody” essentially means "guardianship." Legal custody in India pertains to deciding who will provide guardianship to the child, and according to the Guardians and Wards Act, 1890, the court has total authority over appointing a child’s guardian. In an RTI response filed at the Thane Family High Court, it showed that out of 83 child custody battles, the father was awarded custody in only two of them. This staggering ratio leads to the question of whether there is a justified rationale behind the courts granting the mother custody of the child or if it is a coincidental phenomenon.

The idea of legal custody is mainly that one parent remains the primary caretaker of the child, while the other parent has an obligation to pay maintenance towards taking care of the child after a divorce. The courts essentially look for the child's best interests while granting custody to a parent and take their choice into consideration while making the decision if the child is of sound mind and is old enough to make said choice. The courts consider the following factors when granting custody and looking out for the "best interests" of the child: 

  • Family courts consider what is best for the child when making a custody decision, therefore they ask about the medical history of both parents, including their physical and mental health. to assess whether one parent is better equipped—physically or mentally—to care for the child.

  • The parent's financial situation is another consideration. both parents' capacity for financial security. to ascertain which parent will be able to best serve the child or provide for their future.

  • One of the reasons for preventing children from growing up in a toxic environment is the presence of domestic abuse in the house.

  • Age and gender of the kid are important considerations when determining custody. Because moms can better assist their daughters, such as during their menstrual period, whilst males are still hesitant to discuss the same with their daughters, mothers are favoured over fathers in custody cases involving girls. This preference is not based on gender preference over other groups. As a result, daughters frequently experience poor vaginal care or infections as a result of parental and child miscommunication.

  • Additionally, the child's medical history—both physical and mental—is crucial. Judges can decide who might serve the child the best by being aware of its position. the standard of living that each parent may offer

  • A child is impacted by the parents' way of life or habits. Children cannot have a healthy childhood if their parents are battling addictions to alcohol, drugs, or gambling.

  • The child's will is the most crucial component that the judges take into account. Which parent the youngster prefers to stay with or who they get along better with.

  • The emotional connection plays a significant role in child custody disputes. Which parent-child relationship is closer and more compatible? By figuring this out, the court can decide how to best advance the child's welfare.

  • Given that both parents play a crucial part in their children's life, one parent's encouragement and support for the child to connect with the other parent is a factor that is also taken into account. Each parent has unique strengths and advantages for the child.

Does the court favour mother over fathers in custody matters?

Most people believe the court is more likely to give the mother custody of the child than the father. This is because it used to be customary for courts to favour awarding the mother custody of the child. This was particularly apparent when the kids were younger (babies or early-primary-age young kids). This was also the time when mothers performed more traditional domestic duties. The majority of work involved in raising children is typically done by women. That's where the alleged "female prejudice" in family court manifests itself. Yet, this is not true. There is more to childcare than just spending a few hours with them, and the court takes all these factors into consideration before making a concrete decision. The rationale behind letting mothers have primary custody of children, especially younger ones, is that the mother has more means to care for the child than the father does. 

The court has observed that during their initial years, children need care that can primarily be given by a maternal figure, due to which they prefer not giving custody to fathers, but it is not entirely true that fathers do not receive custody at all. In cases where the father does not give up his parental rights or strives to fight for the custody of the child, the court gives both parents equal ground.  The father is the second-most-favourable candidate to receive custody of the child if the mother is mentally unstable or is not in a fit state of mind to care for the child. The court may give the father custody if the child is older than twelve and indicates a wish to live with him. Additionally, the court will award the father custody of the child in order to provide a secure environment for the child if the mother lacks moral character or has unethical behaviour that could negatively influence the child.

The father is the second-most-favourable candidate to receive custody of the child if the mother is mentally unstable or is not in a fit state of mind to care for the child. The court may give the father custody if the child is older than twelve and indicates a wish to live with him. Additionally, the court will award the father custody of the child in order to provide a secure environment for the child if the mother lacks moral character or has unethical behaviour that could negatively influence the child.

The courts are now learning to strike a balance between the archaic thought of mother being the caregiver and father being the breadwinner, and working on the practical grounds of what would truly be the best for the child. They take into consideration factors which could both positively and negatively impact the child, but it is also very common to see a father writing away his parental rights and paying child maintenance till the child attains majority.

Cruelty: As A Ground For Divorce
Divorce/Dowry

Cruelty: As A Ground For Divorce

It is our endeavour to provide readers of our blog all the necessary information about common legal issues. We try to share details in the most simplified manner. In recent posts, we have sharing details about divorce, why people go for it (various reasons of divorce), types of divorce, processes that are to be followed, and so on. While people marry out of their own wish in an expectation of a bright and happy life, they end their broken marriage out of compulsion. Reasons of broken marriages are many – Ego clashes, Cruelty or abuse (physical or mental or sexual), irreconcilable difference of opinion, financial problems, family issues, extra marital affair, religion conversion, unsound mind or communicable disease, etc.

 

In this post, we are going to share details about one of the most common issues that couple face in a troubled marriage – cruelty – and how it becomes a ground for divorce.

 

It is important to note here that we are explaining the details considering the Hindu religion as covered by the Hindu Marriage Act, 1955. However, different religions may have slightly different rules of dealing with trouble marriages. Hence, it is important to consult a qualified divorce lawyer for taking proper guidance on the matter.

 

What is cruelty?

 

While there is no clear definition of cruelty mentioned in the Hindu Marriage Act, 1955, there have been various judgements passed by the honourable Supreme Court of India, that are used to define cruelty. These judgements can be taken into consideration when one of the partners in a troubled marriage considers for filing a petition keeping cruelty as a ground for divorce.

 

In general sense, cruelty is a form of violent behaviour exhibited by an individual towards his or her spouse that potentially disturbs her mental and emotional peace or harms her physically and sexually. As mentioned above there is no comprehensive definition available to denote such a behaviour in the court of law. However, once the conduct of an individual goes beyond reasonable limits and creates unpleasant living conditions for his or her spouse, the family court may treat the behaviour as cruelty and consider it as a ground for divorce.

 

What are the forms of behaviour that can be considered as cruelty?

 

As we mentioned briefly above, cruelty can broadly be divided in three types – physical, mental and sexual. Let us have a closer look to understand more.

 

  • Physical cruelty – when an individual repeatedly exhibits violent and outrageous behaviour towards his or her spouse, it is called as physical cruelty. This is also commonly known as domestic violence. Sometimes, not only the individual but his or her family members also behave in a violent manner to overpower the spouse and show their supremacy or fulfil their ego. Such violent behaviours can lead to severe bodily injuries and sometimes even death to the affected person. Family courts view this type of behaviour as an extremely serious issue. However, petty arguments every now and then, between husband and wife or their respective family members does not tantamount to physical cruelty.

 

  • Mental cruelty – This is another form of behaviour where an individual is not violent towards his or her spouse. However, the individual repeatedly uses abusive language for ill treating and humiliating his or her spouse either in front of the family members or friends. Another form of this type that can be considered as mental cruelty is:
    • when an individual shouts or yells or taunts his or her spouse unnecessarily on petty family matters.
    • when an individual restricts the freedom of his or her spouse.
    • not disclosing details of serious disease or sexual illness prior to marriage.

 

Such behaviours mostly do not lead to any physical injuries but are extremely demoralising, insulting and demeaning for the suffering spouse. Hence, the family court may consider such behaviours as a form of cruelty and make it a ground for divorce.

 

  • Sexual cruelty – This is another behavioural pattern where, intentionally and repeatedly:
    • the individual denies having sex or physical relationship with the spouse
    • the individual establishes extra marital relationship outside of his or her marriage
    • the individual has sex with the spouse without consent (nowadays, also called as marital rape)
    • the individual engages in extreme unnatural sexual behaviours with the spouse

 

Such behaviours off late have been viewed as very serious by the court of law, as they not have the potential to cause permanent physical damage or severe injury to private parts of the affected spouse but can also lead to mental health issues like depression and post-traumatic stress.

 

Such type of behaviours often remains unreported especially in the Indian society where marriage is considered as a sacred institution. Several studies have shown, lack of awareness, as one of the major reasons. However, with the passage of time, things are changing and the legal fraternity is working towards strengthening the laws to address such issues, once reported, properly and timely.

 

Why a divorce lawyer is required?

 

There is a common saying – marriages are made in heaven. People marry to live a better life but knowingly or unknowingly end up living in bitter relationships. The only solution remains for such troubled marriages is divorce, especially when the sole reason is cruelty. It is only prudent to get professional help from a competent and knowledgeable divorce lawyer who will help you for getting the broken marriage dissolved in family courts within the boundaries of law.

 

If you are living a troubled married life and considering to file for a divorce, connect with a qualified divorce lawyer right away on the LegalKart platform.

Divorce Decree versus Divorce Certificate – What is the Difference?
Divorce/Dowry

Divorce Decree versus Divorce Certificate – What is the Difference?

In several of our previous posts, we have been sharing details of one of the most stressful and difficult issues of married life. We sincerely wish that couples live their marriages happily and cordially. We also sincerely hope that couples who have been entangled in legal procedures get relief as soon as possible and are able to restore normalcy in their future lives.

 

Divorce usually is a very time-consuming process. In addition to the time it takes, divorce not only takes a severe toll on one’s mental and physical health but also burns a deep hole in the pockets of divorcing couples. This is true especially when the divorce proceedings happen on a contested basis. Emotions and feelings may not be pleasant in case of a mutual consent divorce either, but this process is comparatively quicker, to say the least.

Also Read:  Annulment vs. Divorce: How Are The Two Different?

On completion of the divorce proceedings, the family court issues a legal document to both the parties – divorce decree or divorce certificate – as per provisions of law formally dissolving the marriage once and for all (permanently).

 

Divorcing couples often confuse between both the terms – Divorce Decree and Divorce Certificate. It is imperative to understand these legal documents properly and the legal standing they have in a court of law. In short, both the Divorce Decree and Divorce Certificate are unique and are considered as different legal documents. One is the final court order of divorce and the other is the official proof of divorce. Let us have a look at the table below to understand then closely and in comparison, to each other.

Note: In this post, we are sharing the details about divorce decree and divorce certificate based on the Hindu Marriage Act 1955. However, different Indian religions may have slightly different provisions and processes. You may please consult a professional divorce lawyer for getting proper guidance on the subject.

Also Read:  Legally, How Compatible Is The Marriage Between A Hindu & Non-Hindu?

 

Particular

Divorce Decree

Divorce Certificate

Definition

It is the final order issued for dissolving the marriage permanently. This is also commonly referred to as divorce judgement.

It is an official document issued for record keeping purposes.

Stage of Issue

It is issued at the end of the final stage of divorce proceedings, whether divorce is contested or with mutual consent.

This is issued after the divorce decree is granted to the divorcing couples.

Time Taken to Grant

For a mutual consent divorce, maximum time taken is 18 months for granting the divorce decree.

 

For a contested divorce, it is generally not possible to ascertain the time taken by the family courts to grant the divorce decree

Since a divorce certificate is issued after the grant of a divorce decree:

  • In case of mutual consent divorce, the couple can apply for a divorce certificate maximum after 18 months on grant of the decree.
  • However, in case of a contested divorce, ascertaining a time frame is not possible.

Legal Status

A divorce decree is a legal order and is absolutely binding on both parties (divorcing couples).

The certificate is only valid legally once it is issued by the authorised department of the state government only after the divorce decree is granted by the family court.

Content of Document

Following may be the contents of a divorce decree covering both parties (husband and wife):

  • Full Name
  • Complete address
  • Date of Birth
  • Details of children, if any and their custody
  • Contact Details
  • Case Details
  • Judgement details
  • Declaration of Divorce
  • Details of Assets and Property
  • Alimony Amount
  • Other terms and conditions as applicable to the case

A divorce certificate has only the basic details of divorced couples (husband and wife). They may be limited to the following:

  • Full Name
  • Complete address
  • Date of Birth
  • Details of children, if any
  • Contact Details

Issuing Authority

This is issued by the family court of the local district of the state where marriage was solemnised.

This is issued by the competent department of the state government where divorce decree has been granted.

Applicable Act

Divorce Decree is granted as per provisions of section 13 of the Hindu Marriage Act 1955.

Divorce certificate is issued by the local state government largely as per provisions of the Hindu Marriage Act 1955.

Also Read:  Know About Mutual Consent Divorce After Six Months Of Marriage 

While we have shared the difference between the two very important documents, one of the most common attributes between them is that both are extremely important legal documents. Once divorce decree is granted and a divorce certificate is issues, they should be kept by the divorced couples with utmost care in their possession at all times.

 

Need of the Divorce Lawyer

Legal matters need a lot of care and compliance to legal provisions. Any laxity, misinformation or lack of knowledge may lead to disastrous outcomes in your case. Situation is much difficult and complicated when it comes to sensitive matters like divorce. Hence, involving a qualified divorce lawyer right from the beginning is the only prudent choice people can have.

Also Read: Fastest Divorce Process: How to Get a Quick Divorce