Month: August 2021

About UnitedLex

UnitedLex is a technology and legal services company committed to delivering full-scale Digital Transformation. The world’s most forward-thinking law departments rely on the company’s expertise in over 25 global jurisdictions. Founded in 2006, the team includes 3,000 legal, engineering, and technology professionals with major operations in 18 countries.
We create solutions that uniquely solve challenges, ranging from basic to bet-the-company. We fuse legal pedigree with business pragmatism and an overriding focus on our clients. We think holistically: We guide, design, implement, and financially commit to the innovative strategies and solutions we provide.
As a fast-growing company, we are committed to hiring talented individuals, providing a great workplace culture, continuously developing our employees, and providing interesting, challenging, and innovative work. Our global platform is the perfect place for hard-working, forward-thinking professionals from all walks of life to nurture and grow careers.
UnitedLex is committed to preserving the confidentiality, integrity and availability of all the physical and electronic information assets throughout the organization. Consistent with the UnitedLex ISMS policy and the ISO 27001 standard, every employee is responsible for complying with UnitedLex information security policies and reporting all security concerns, weaknesses and breaches.

Job Description

Roles & Responsibilities
• Work as a subject matter expert on Data Breach Analysis [DBA], review and management for US, UK
and other jurisdiction clients for India Delivery centers
• Identify/capture personal information within electronically-stored documents. Examples include:
o Personally Identifiable Information (PII)
o Personal Health Information (PHI)
o Payment Card Information (PCI)
• Ensure quality standards are achieved
• Work on client system through remote access
• Maintains confidentiality of all organization and client information

Desired candidate profile
• Any graduate/Postgraduate with 1+yrs of experience in backend operations with
LPO/BPO/KPO/ITES/Finance sector
• Proven ability to build strong working relationships with colleagues and partner organizations
• Ability to priorities between multiple complex projects/timelines
• Good in written and Verbal communication
• High level of positive attitude
• Responsible to ensure accurate time tracking
• Good decision-making ability
• Ability to adapt to any process changes
• Knowledge in Excel will be an added advantage
• Strong attention to detail and the ability to conduct root cause analysis
• Candidates with demonstrated experience in Data Breach Response, or Incident Response will 
be preferred
• Knowledge and hands-on experience in breach notification and privacy laws around data breach 
scenarios is desirable but not must

UnitedLex is committed to preserving the confidentiality, integrity, and availability of all the physical and electronic information assets throughout the organization. Consistent with the UnitedLex ISMS policy and the ISO 27001 standard, every employee is responsible for complying with UnitedLex information security policies and reporting all security concerns, weaknesses, and breaches.

LINK TO APPLY

https://ekkk.fa.us6.oraclecloud.com/hcmUI/CandidateExperience/en/sites/CX/job/30000481?utm_medium=jobshare

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Description: 

About UPL

UPL is a leader in global food systems and with the acquisition of Arysta LifeScience, is now one of the top 5 agricultural solutions companies worldwide. With revenue of US$5 billion, UPL has presence in 130 countries. With market access to 90 percent of world’s food basket and focused on high-growth regions, UPL represents a compelling value proposition for growers, distributors, suppliers and innovation partners in a consolidating market. UPL offers an integrated portfolio of both patented and post-patent agricultural solutions for various arable and specialty crops, including biological, crop protection, seed treatment and post-harvest solutions covering the entire crop value chain.

Job purpose & key responsibilities: 

The position is responsible for drafting of contracts, regulatory compliance of the organization with all relevant legal and regulatory obligations and offering advice to internal stakeholders. Handling large number of litigations across India (civil as well as criminal), Candidates from litigation department of tier-2 law firms with exposure of handling large number of important litigations is preferred.

Key Accountabilities 

I.  Non-Litigation:

1. Drafting and vetting of agreements related to business requirement including but limited to IT service agreement, Carrying & Forwarding Agency agreement, Lease Deed, Leave & License agreement, Distribution agreement etc;
2. Works on contract lifecycle management tool while vetting various contracts/agreements;
3.  Effective coordination within the legal team and various business stakeholders;
4. Effective liaison with various departments within the company to gain support and resolve issues;
5. Proactively identify problems and present solutions;
6. To conduct presentation on company code of conduct as may be necessary to the stakeholders.

II. Litigation: Handles litigation filed by and against the Company;

III. Compliance related to pesticide industry, licenses, registration, legal metrology label guidelines etc. Conducts compliance workshops and assists in the development and implementation of compliance procedures and presentation to business time to time.

Competencies

A. Core Competencies 
1. Business & Financial acumen 
2. Analytical Thinking
3. Problem solving 
4. Communication 
5. Team Management 
6. Strategic Planning

B. Functional Competencies:
1. Management of contract lifecycle management tool

2. Legal advisory and contracts management

3. Litigation management

Education & Experience Qualifications

Educational Qualifications: Any Law graduate/postgraduate in Law

Relevant Experience Necessary: Must have legal experience of 6-8 years experience in independently drafting, negotiating, and closure of contracts. Candidates should be willing to travel extensively within India as and when required.

We are all about connecting with people, in a human way – showing respect, demonstrating trust, celebrating diversity. For us technology is an enabler, not the endgame. We see the value in human connectivity and how it creates new opportunities for everyone. With this, comes our promise to protect people’s safety in every way we can.

LINK TO APPLY

https://careers.upl-ltd.com/job/Mumbai-Counsel-India-Maha/583028210/

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Overview

Elevate is recruiting a Senior Contract Attorney to join our Legal Team and work closely with client’s in-house counsel team in different geographies(America, EMEA, APAC) to provide them commercial and transactional support.
As part of the team you will be responsible for drafting, reviewing, redlining, negotiating various contracts and other transactional documents as well as conducting general and legal research and drafting memorandums.

Responsibilities & Qualifications

Specifically, you will

• Review contracts against established standards and negotiate acceptable alternatives, working from templates and tools that you will help create
• Compare contracts and highlight differences and similarities in memorandum format
• Facilitate escalation of unresolved issues, approval and signature
• Update or draft playbooks and templates
• Research and analyse the area of commercial law as relevant to the company’s business and future prospects, and prepare memos or position statements for different audiences
• Provide high level legal research and memorandum drafting support for other simple to high complexity legal research assignments

Experience

• 5-8years of total experience with minimum experience of 6 years with commercial transactional support, drafting, reviewing and negotiating commercial contracts, particularly services and supply agreements, software license and SAAS agreements, procurement and other inbound agreements
• Experience with Microsoft products like Excel, Word, PowerPoint, SharePoint
• Experience conducting simple to complex legal research and memorandum drafting
• Excellent track record in previous client support/customer service engagements
• Some experience with contract management software

Skills for Success

• Proven ability to work in a client-centric, deadline driven environment
• Highly detail oriented, with good analytical skills, financial acumen, and business judgment
• Excellent drafting skills, particularly depicting complex ideas clearly and concisely
• Professionalism in both verbal and written work
• Keen understanding and ability to comply with confidentiality obligations
• Have experience providing transactional contracts support including reviewing, redlining, drafting, managing various types of contracts for a multinational company
• Highly organized, excellent researcher and writer who is passionate about delivering high quality analysis and written work product

Qualifications

• LL.B. (LL.M. is a plus)

Company Information

Elevate is the Law Company. We provide consulting, technology and services to law departments and law firms. The company’s legal, business and technology professionals extend and enable the resources and capabilities of customers worldwide. Elevate’s achievements and distinctions include:

• Winner of the American Lawyer Industry Awards Best Alternative Legal Services Provider of the Year 2019.
• Winner of British Legal Awards Alternative Service Provider of the Year 2019.
• Winner of the IACCM Innovation and Excellence Awards 2019 – Outstanding Service Provider (Americas and Global).
• Ranked as a Top Global Services Provider by Chambers & Partners five years in a row.

LINK TO APPLY

https://careers3-elevateservices.icims.com/jobs/1312/contract-attorney/job?mode=apply&apply=yes&hashed=-1834448966

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BUSINESS INSIGHT

A 100% owned subsidiary of European banking and financial services major Societe Generale (SG), Societe Generale Global Solution Centre (SG GSC) came into existence in 2000. Established as an offshore development centre in Bangalore, also having a presence in Chennai, SG GSC has 15 years of sustainable delivery expertise to its credit, and develops global best practices to promote the strategic objectives of the Societe Generale Group.

SG GSC possesses in-depth understanding of the business processes and cutting-edge technologies across domains of Societe Generale’s diverse portfolio. We deliver best-in-class solutions to the Group’s entities in the realm of corporate and investment banking, retail banking, specialized financing and insurance, private banking, and global investment management and services.

We place the highest importance on our employees and provide extensive opportunities for career progression and development. SG GSC conforms to the group diversity principles, and has a multi-cultural staff representing seven nationalities, and speaking 20 languages. Women comprise 25% of our workforce.

We are an equal opportunities employer and we are proud to make diversity a strength for our company. Societe Generale is committed to recognizing and promoting all talents, regardless of their beliefs, age, disability, parental status, ethnic origin, nationality, sexual or gender identity, sexual orientation, membership of a political, religious, trade union or minority organisation, or any other characteristic that could be subject to discrimination.

RESPONSIBILITIES

Review negotiation requests to ensure completeness of information and documents required for drafting; allocate to appropriate regional hubs. Drafting, Reviewing and Negotiation of several derivative documents with clients of Societe Generale in coordination with various internal stakeholders sitting across the globe. To contribute towards knowledge management through research, presentation and training on derivative documents. Working on adhoc projects besides assisting managers in achieving team targets. Review of agreements/contract data and other works of team member once declared as a quality controller. Reporting of the incidents to managers on a regular basis. 

PROFILE REQUIRED

Should be an experienced derivative lawyer with minimum of 4-8 years of relevant experience with leading Banks or Financial Institutions

Exposure towards European/Asian/US markets

Sound knowledge of Corporate Law and Contract Law

Extensive experience in drafting and negotiating International Commercial Contracts and Agreements, especially ISDA Master Agreement, Global Master Repurchase Agreement, Global Master Stock Lending Agreements,  Confidentiality Agreements and Non Disclosure Agreements;

Excellent collaboration and Team and People Management Skills, self motivated, ability to train team on derivative documents

– Sound legal understanding;

– Advanced knowledge of finance-based contracts, derivative business and market;

-Experience in negotiating derivative documents;

– proficient in MS Office Tools;

– Excellent English communication skills, both written and verbal.

WHY JOIN US

We are committed to creating a diverse environment and are proud to be an equal opportunity employer. All qualified applicants receive consideration for employment without regard to race, color, religion, gender, gender identity or expression, sexual orientation, national origin, genetics, disability, age, or veteran status.

LINK TO APPLY

https://socgen.taleo.net/careersection/sgcareers/jobapply.ftl?job=2100015V&src=JB-14381&lang=en&_ga=2.149957361.650812761.1628696830-1095539109.1628696830

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DESCRIPTION

Job Description

Division: Legal & Compliance (LCD) 
Super Department: LCD COO Office
Department: Administration
Sub Department: Administration
Region: Global
Job Level: Analyst/Associate 
Job Title: Analyst/Associate
Employment Type: Full Time
Location: Mumbai (Nirlon Knowledge Park)

Morgan Stanley is a leading global financial services firm providing a wide range of investment banking, securities, investment management and wealth management services. The Firm’s employees serve clients worldwide including corporations, governments and individuals from more than 1,200 offices in 43 countries.

As a market leader, the talent and passion of our people is critical to our success. Together, we share a common set of values rooted in integrity, excellence and strong team ethic. Morgan Stanley can provide a superior foundation for building a professional career – a place for people to learn, to achieve and grow. A philosophy that balances personal lifestyles, perspectives and needs is an important part of our culture.

LCD comprises of Legal, Compliance, Global Financial Crimes and Regulatory Relations.

The Legal Department provides guidance, requirements and procedures for understanding and complying with the laws, regulations and Firm policies that apply to our businesses.  

The Global Compliance Department identifies applicable Compliance Obligations and maintains a Firmwide Compliance Risk management program, including Compliance Risks that transcend business lines, legal entities and jurisdictions of operation.

Global Financial Crimes is responsible for the development and governance of the Firm’s financial crime prevention efforts across all regions and business units. Global Financial Crimes is comprised of the Anti-Money Laundering (AML), Sanctions, Anti-boycott, Anti-Corruption (ACG) and Government and Political Activities Compliance (GPAC) programs.

The Global Regulatory Relations Group (GRRG) is responsible for strategic and centralized management of the supervisory activities of Morgan Stanley’s regulators and related developments globally, with a focus on regulatory reviews and examinations and continuous monitoring activities. GRRG serves as the central point of contact for the regulatory staff responsible for supervisory activities at Morgan Stanley entities and for timely reporting to Firm management and other governance or management bodies, as appropriate, on those relationships and supervisory processes, including areas of significant regulatory focus or concern.

LCD Center of Excellence – Mumbai (LCD CoE) is a part of Morgan Stanley’s Global In-house Center, which provides global support to LCD and is an integral part of Firm and LCD strategy.

LCD Operations is a centralized support function for Legal & Compliance division. This team supports risk teams of both ISG and WM across all functions within LCD. The core responsibilities of the team in Mumbai involves monitoring and ensuring timely closure of transfer and periodic entitlement reviews, manage Information Security assessments, preparation of COO & CFO financial reports and presentations, support administrative and operational activities for Outside Counsel, handling vendor rate & e-bill reviews, managing vendor onboarding process and resolving invoicing exceptions in collaboration with Accounts Payable, internal stakeholders & vendors.

Primary Responsibilities (Day Job)

E-Billing Operations

•  Vendor onboarding due diligence & real time maintenance of different databases
•    Review and approve invoice expense line items as per standard policies and guidelines
•    Resolving invoicing exceptions by understanding the breakdown and working on solutions
•    Invoice/rates research & respond to standard queries
•    Work with internal and external stakeholders on invoicing and payment issues
•    Monitoring and maintenance of budget in the budgeting tool
•    Use reporting tools such as business objects to perform data analysis
•    Perform monthly and quarterly reporting
•    Support various risk management control implementation efforts for law firms usage
•    Ensure projects and programs are proceeding according to scope, schedule and quality standards
•    Work creatively and analytically in a problem-solving environment, demonstrating teamwork, innovation and excellence
•    Develop and deliver proposals, requirement documentations and presentations for system enhancement
•    Participation in testing of newly developed functionalities and reporting against them in timely manner
•    Identify and develop trusted advisory relationship with business stakeholders
•    Act as an SME for outside counsel processes by training on allocated processes and act as back-up resource
•    Escalate issues/troubleshoot as necessary to respective LCD contacts
•    Make recommendations on process improvements

QUALIFICATIONS

Requirements

•    Bachelor’s Degree in appropriate field of study or equivalent work experience
•    2+ years of experience in multiple functions (Preferably financial services related programs) 
•    Excellent verbal and written communication skills and the ability to interact with senior managers as well as subject matter experts 
•    Interpersonal skills to influence and spur change, facilitate and enhance performance within a cross – functional environment also with third party partners
•    Demonstrate decisiveness in resolving business problems, making decisions and identifying priorities
•    Proven track record for the following:
o    Quick learner about new business and functional topics 
o    Need for minimal supervision 
o    Resourcefulness in terms of obtaining / sourcing information
o    Ability to work within a team
o    Attention to detail
o    Positive personality 
•    Proficient in MS Office Suite.  Advanced EXCEL, Data analytics skills MUST
•    Successfully meet established deadline requirements – display efficient time management skills 
•    Possess the ability to research and resolve issues independently 
•    Must follow documented procedures however must also have an ability to propose a plan or approach where procedure is undefined or may need to be updated.
•    Be a strong agent for change. Be able to facilitate new processes and standards that could impact working environment / culture
•    Strong sense of ownership and accountability
•    Ability to multi task

Coverage

•    Monday to Friday from 11.30AM to 8.30PM India time with flexibility on standard working hours for time sensitive matters (including India Public Holidays).
•    Periodic evening calls with US and EMEA internal clients and vendors  

Link to Apply

https://ms.taleo.net/careersection/2/jobdetail.ftl?job=3183077&lang=en&src=JB-10109

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Company

Worley

Primary Location

IND-MM-Mumbai

Job

Counsel

Schedule

Full-timeEmployment Type:  EmployeeJob Level:  Experienced

Job Posting

Jul 12, 2021

Unposting Date

Oct 4, 2021

Reporting Manager Title

General Counsel

You can expect a lot from a career at Worley

Together, our nearly 60,000 people across 60 countries have already achieved many industry firsts. And we’ve broken several records along the way. 

We’re excited about the challenges ahead as the energy transition gathers pace. If you ask us, there’s never been a more rewarding time to work in the energy, chemical and resources sectors.Whatever your ambition, there’s a path for you here. And there’s no barrier to your potential career success.

Key Responsibilities

1. Drafting, reviewing and negotiating all types of customer contracts in the energy, chemicals and resources industry including without limitation consultancy contracts; EPcM, EP, PMC or EPF contracts or SAAS, License or Software agreements;
2. Review and response to Customer bids, tenders or RfPs in accordance with Worley’s policies and standards;
3. Drafting, reviewing and negotiating joint venture/teaming arrangements/alliances and corporate structures.
4. Drafting and negotiating Confidentiality Undertakings, Parent Company and Bank Guarantees;  
5. Risk analysis of contractual documents and briefing project teams;  
6. Advising on a broad range of legal and commercial issues.  

Essential skills/ competencies required

Standard Competencies

• Understands how the business delivers value to shareholders, what drives profitability and what increases growth.
• Able to make difficult decisions and lead and manage others in changing business conditions.
• Understands Worley’s Vision and purpose, translates it into team goals and objectives, and gains team commitment to achieving those goals and objectives.
• Works well as part of a team.
• Negotiates successful outcomes that achieve the required objectives and have the support and acceptance of all parties.

• Pro-active, goal oriented with excellent attention to detail.
• Excellent customer focus and able to consistently meet Worley’s and its client’s needs.
• Effectively manages change to work tasks and the work environment and assists others with adapting to change.
• A person of integrity who is trusted by others and consistently honours their commitments.
• Able to identify issues, problems and opportunities; make timely decisions; develop appropriate and innovative solutions; and ask for assistance if required.
• Excellent verbal and written communications skills in English, including the ability to convey information and ideas to individuals and groups.
• Able to make presentations and provide training when required.
• Demonstrates initiative and a willingness to learn and continuously improve on performance.
• Able to work on multiple projects of various size and complexity.
• Able to work effectively in small to large multi-disciplinary teams and share and transfer knowledge within teams.

The candidate should have done LL.B. (Hons.) and must have 2 to 8 years of relevant experience in a law firm or a company in the Energy or Technology sector and should have extensive experience in commercial and contract negotiations with energy or technology companies.

What Worley offers you

Providing an agile culture and challenging work opportunities results in a positive work environment.  Our people enjoy competitive compensation packages and a fun, personal, collaborative and safe working environment.  We value equal employment opportunity and are committed to promoting fairness, equality and diversity.

Link to Apply

https://worleyparsons.taleo.net/careersection/ext/jobdetail.ftl?job=MUM00PT&src=210200&src=SNS-10126

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About Spoon

Spoon brings financial innovation and opportunity to Gen Z. We use modern technology to help build secure credit, avoid debt, and spend responsibly.

About the job

We are looking for Legal interns to join Spoon and add significant value to our product and business. This position will assist in ensuring that the company operates per law of the land & business.

We are a fin-tech startup and hence RBI compliances along with usual corporate compliances will need to be managed by you.

On the Job

Review, draft, and negotiate a variety of agreements relating to the company’s business products and provide advice to the business units regarding legal risks associated with such transactions.
Research of various aspects of law and advise on how to structure the business to make it compliant with laws.
Conduct due-diligence on the company.
Draft and review contracts and other legal documents for various business lines including fin-tech, lending, payments, master services, technology, others & lead contract negotiation; (knowledge of relevant guidelines shall be added advantage).
Identify legal issues and risks that may affect the various businesses of Spoon and ensuring compliances related thereto.

Requirements

Pre-final, final year LLB students and freshers can apply
Available for 2-6 months
Previous internship experience in law-firms or start-ups is highly preferred
Strong communication and analytical skills

How to Apply?

https://www.linkedin.com/jobs/view/2676403744/alternateChannel=search&refId=JjEjU5HyCwoOTP08AcEK9Q%3D%3D&trackingId=Rnp%2BRX0ekpLCf6e%2B9POwUw%3D%3D

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About ?????????

????????? is a boutique consulting firm that helps connect the dots between business and people goals. We believe people perform best when they are completely aligned with the organization’s DNA and goals. We strive to impact profitability and scalability in organizations by helping attract and grow the “right” talent using optimal business processes.

??????? ?????????
➤ Improving Human Performance in an organization by bridging gaps
➤ Business Process Consulting to improve operational efficiency/scale business
➤ HR Consulting to find solutions to your growth challenges
➤ Executive Search with proper evaluation and assessment of candidates
➤ Setting up & Improving HRO and RPO for organizations
➤ Building Diversity in an organization and promoting flex models
➤ Customized Social Media training for leveraging the power of networking

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Customers often need partners to help them in their accelerated growth journey— ????????? strives to be a loyal and dependable partner. Our belief is that most human performance challenges can be resolved using holistic yet simple solutions. We work with the core leadership team to ensure right solutions for the right size that are sustainable and lead to profitability.

About the job

Interested in joining a tech enabled startup in the ecommerce space to lead the legal and secretarial function? This is a high growth opportunity but needs someone who is willing to get his hands dirty and build the team for future growth. The company is well funded and scaling up in a big manner.

To fit the bill, please note this requires a Law graduate and CS and the majority focus of the role will be legal.

This needs someone who has worked on B2B contract negotiations in the past and experience of working in a startup is a MUST Have.

1.) Legal Drafting & vetting including commercial agreements, NDA- s, MOU’s primarily in the B2B space.

2.) Following up with the business teams and ensuring that the agreements that are sent out from the Legal Department are duly executed by the parties and maintaining records thereof.

3.) Responsible for managing, supporting and completing the compliances related to business, technical functions as well as Investor Compliances.

4.) Assignments related to the Contract Abstraction, Gap Analysis, Redlining and Mergers & Acquisitions review.

Maintaining the contract management system with accurate data and generating the reports & preparing the summary as required.

5.) Helping and guiding the management team and stakeholders on Company law

– Maintenance of secretarial records registers and other statutory documents SOPs/ Processes/ Internal guidelines.

– Develop training and awareness material on various compliance matters and conduct trainings for relevant stakeholders.

– Analyze due diligence reports and initiate activities/ processes to rectify/ comply with the negative remarks/ observations.

– Any other matters/ activities related to any Legal, Investor and Business compliances.

Roles & Responsibilities :

– To handle all corporate and secretarial compliances for the corporate entity, including all filings with regulatory and government bodies

– To prepare necessary documents for calling, conducting, holding and documenting minutes of the Board, its committees and Members- meetings

– To ensure good governance and assist with corporate activities like risk assessment, operating a vigil mechanism

– To study laws applicable to the business operations and drive compliance through compliance systems of the company

– To collaborate with various teams for ensuring compliance of laws applicable to business operations

– To handle compliance & regulatory affairs, including inspections, compliance notices, and enforcement of laws

To fit the bill, you must have:

– In-depth knowledge of legal & secretarial requirements of the industry, local environment/s, etc.

– Excellent written and verbal communication skills

– Strong process orientation

– Strong influencing skills

– Dealing with ambiguity

– Law from a leading Law University and CS

– Startup experience MUST have

If you fit the bill and feel you can add value to the organization then do include a cover letter on your experience in working on legal and compliance for a fast paced startup along with your current CTC.

How to Apply?

https://www.linkedin.com/jobs/view/2680591755/

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The Bench of justices Vineet Saran and Dinesh Maheshwari on 4 August 2021 observed that a condition of depositing a fine amount to hear a criminal revision under section 397 and 401 C.R.P.C cannot be imposed on a convict. The Bench was hearing an appeal against an order passed by the High Court of Karnataka under criminal revision.

The Trial court convicted the appellant under section 138 of the N.I act and imposed a fine of Rs. 6,00,000 on the accused and imposed a condition that in case of non-payment of dues, she would have to undergo simple imprisonment of 6 months. Aggrieved by the said order of the trial court, she approached the High Court via an appeal. The High Court vide its order passed on 12 June 2020 dismissed the appeal. The accused-appellant approached the High Court via criminal revision petition no 515 0f 2020. The Single bench of the High court took note of the order passed by the trial court, particularly regarding that of fine, and observed that “Unless the fine amount is deposited by the petitioner herein, the petitioner is not entitled to press into service the hearing of this petition filed under section 397 and 401 C.R.P.C.

The bench observed that taking into account all the facts and circumstances of the case and the law in the picture, The High Court could not have deposited a fine amount as a condition precedent to hear the criminal revision. The Court finally set aside the order and passed by the High court on 15 January 2021 and granted the liberty to the parties to pursue the matter before the High Court.

-Report by GURPREET SINGH

The bench of Justices Sanjay Kishan Kaul and Hrikesh Roy issued a notice on whether the children from second marriage would have a share in ancestral property? The Special leave petition was filed against the observation of the High Court of Bombay, Nagpur Bench that the children should not inherit a share in the property of their grandmother, since they were born out of the second wife.

The Court while issuing the notice observed that a larger question relating to inheritance from second marriages is pending before the court in Ravanasiddapa & Anr vs. Mallikarajun & Ors (2011). The Court decided to hear the current petition after a judgment is delivered by a larger bench of this court.

Previous Interpretation by the Supreme Court In Bharatha Matha & Anr vs. R Vijaya Renganathan & others, it was held that children born out of void marriages were not entitled to claim the inheritance of the coparcenary property, but only a share in the self-acquired property of the father.

In Ravanasiddapa & Anr vs. Mallikarajun & ors (2011), the two-judge bench took a contrary view and it was held that the children born out of void marriages shall have an interest in coparcenary as well as the self-acquired property of the parents. Then the three-judge bench upheld the decision of the 2 judge bench regarding the share of children in their parent’s property but upheld the restriction imposed under section 16(3) of the Hindu Marriage Act, 1955. The question regarding restriction in 16(3) is pending before the Supreme Court.

-Report by GURPREET SINGH