Legal Sevā
The legal moments every family and every temple meets — explained in plain language, with real help one step away. Information, never advice: your own lawyer decides your case.
After a death
Settling what they left
The paperwork no one prepares you for — the natural next chapter after the Antyeṣṭi guide.
Was there a will?
- • A will does not need to be registered to be valid in India — but it needs two witnesses, and probate may be needed to act on it (always for immovable property in Mumbai, Kolkata and Chennai).
- • No will? For Hindus and Sikhs alike, the Hindu Succession Act decides who inherits — for a man: widow, children and mother equally (Class I); for a woman, the order differs.
- • Writing your OWN will is the kindest document you can leave — it prevents most of the disputes below.
Legal heir vs succession certificate
- • Legal-heir certificate — from the tehsildar/taluk office: establishes WHO the heirs are; used for pension, PF, gratuity, insurance.
- • Succession certificate — from the district court: needed to collect DEBTS and SECURITIES (bank deposits, shares) of someone who died without a will.
- • A nominee only HOLDS the asset in trust — the money legally belongs to the heirs. Banks pay the nominee; families settle per succession law.
House, land, bank accounts
- • Property transfer = 'mutation' in municipal/revenue records, with the death certificate + heirship proof; it records possession, it does not itself create title.
- • Joint accounts with 'either or survivor' pass to the survivor; single accounts follow nominee/succession rules.
- • Multiple death certificates (10+ copies) save months — every institution keeps one.
For your temple
Running the institution right
The legal shell around the sevā — so donations, land and volunteers are protected.
Trust, society or Section 8?
- • Public charitable trust — simplest, board-run; registered with the sub-registrar/charity commissioner.
- • Society (Societies Registration Act) — member-run with elections; the common form for gurdwara committees.
- • Section 8 company — heaviest, for large institutions needing corporate-grade governance.
12A & 80G — tax-free donations
- • 12A registration exempts the institution's income; 80G lets donors claim deductions — both filed online (Form 10A/10AB) on the Income-tax portal.
- • Renewals matter: registrations are now time-bound, not perpetual — a lapsed 80G quietly costs your donors.
- • Ekam's donation receipts already carry the 80G fields — the registration itself is the legal step.
Donations from abroad (FCRA)
- • Foreign donations need FCRA registration and the designated SBI New Delhi account — accepting them without it is an offence, however sincere the donor.
- • NRI donations from an Indian NRO/NRE account in rupees are generally NOT foreign contributions.
Family
Marriages, elders, guardianship
The registrations and rights families ask about most.
Registering a marriage
- • A temple wedding is valid; registration under the Hindu Marriage Act (or Special Marriage Act for interfaith) is the proof the state, embassies and banks ask for.
- • Register early — witnesses and the priest are easy to gather now, hard years later.
Parents' right to maintenance
- • The Senior Citizens Act 2007 gives parents a fast tribunal route to claim maintenance from children — and can even void a property transfer made on the promise of care that wasn't kept.
Ask, or talk to someone
General question? The legal assistant answers in plain language, instantly. Your own situation? Leave your details — we connect you through our legal-help service, LegalSeva.
Disclaimer: Everything on this page is general legal INFORMATION for India, simplified for first orientation — it is not legal advice, Ekam is not a law firm, and no lawyer-client relationship arises from reading it or writing to us. Laws and state rules change; verify with a qualified advocate before acting. In an emergency (arrest, dispossession, violence), contact a local lawyer or legal-aid authority (NALSA: 15100) immediately.