(ii) A person (mother, father, brother, sister, son-in-law, daughter-in-law, etc.) who marries outside the degrees of consanguinity and affinity is to be regarded as having entered upon a marriage forbidden outside the degrees of consanguinity and affinity, d).
In the event that a marriage is consummated outside degrees of consanguinity and affinity, the parties to the marriage are to be regarded as having entered upon a marriage forbidden outside the degrees of consanguinity and affinity, d).
(iii) It is the view of this Court that a marriage can take place outside the degrees of consanguinity and affinity.
In a particular case, a father of an Indian national, who was born outside the degrees of consanguinity and affinity, married a niece of the wife of a deceased Indian national, who was born outside the degrees of consanguinity and affinity. The father of the Indian national and niece, on their respective applications, were permitted to consummate their marriage.
4.4.2 Consanguinity and Affinity for Inheritance
It is not possible to conclude with certainty what consanguinity and affinity mean when they are used as instruments for determining a man's right to inherit property in favour of his brother in the event of his death.
As pointed out by the Law Commission of India,
"As far as India is concerned, the meaning of consanguinity and affinity has, in the main, been lost sight of during a long struggle for legal equality in the application of property laws … the meaning of these words in the law has been determined by the legal opinion of the times, especially that which has prevailed in the Anglo-American and the French courts. … [S]uch a meaning cannot be stated with any precision, since modern concepts and understanding have evolved in a non-specific way and without the input of ancient opinions."
In the words of the Law Commission, "Consanguinity and affinity mean, in India, the degree of affinity or connexion between an ancestor and the present or a member of the direct line of descent from him, or between a person and certain other persons connected with him through descent as a child, spouse, child or grandchild, or through a relationship of some kind other than a relationship of parent and child or of relative and stranger."
The Law Commission goes on to indicate that the question of a man's brother's right to inherit is "
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(Name of the father of Pakistani national) ... there is NO objection ... he will not marry within the degrees of any prohibited affinity, consanguinity or foster age, d).
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What is no objection certificate for?
No Objection Certificate (NOC) is a legal document issued by an individual, organization, or institution to confirm that they have no objections to a particular action. It is usually issued by an employer, landlord, or government body. The NOC is most commonly used to prove that the issuer has no objection to an employee taking a new job or moving to another country. It may also be used to prove that a person has permission to use a certain piece of property, such as land or a vehicle.
Who is required to file no objection certificate for?
A No Objection Certificate (NOC) is generally required when an individual seeks to obtain approvals or permissions from a governmental or non-governmental authority for a certain purpose. Examples of individuals who may require a NOC include those seeking permission to travel abroad, apply for a visa, obtain loans or mortgages, open a bank account, transfer a property title, or perform other activities.
What information must be reported on no objection certificate for?
A no objection certificate (NOC) is typically used to confirm that an individual or entity does not object to a particular activity or action. The specific information reported on a NOC will vary depending on the purpose of the certificate and the issuing authority. Generally, the certificate should include the name of the individual or entity issuing the certificate, the name of the individual or entity for whom the certificate is issued, the purpose of the certificate, and the date it was issued.
How to fill out no objection certificate for?
To fill out a no objection certificate (NOC), follow these steps:
1. Begin by writing the heading "No Objection Certificate" at the top of the page.
2. Write the date on which you are filling out the certificate.
3. Mention the name of the person or organization to whom the NOC is addressed. For example, if it is for an employee, mention their name, or if it is for a tenant, mention the name of the landlord or rental agency.
4. Clearly state that you have no objection to the particular action or request being made. For example, if it is a no objection certificate for an employee to apply for a job elsewhere, mention that you have no objection to their job application or resignation.
5. Provide any necessary details about the action or request. For example, if it is a no objection certificate for an employee to join another company, include details such as the start date of their employment with the new company and their position.
6. Provide your contact information, including your name, designation, address, and contact number. This will allow the recipient to get in touch with you if necessary.
7. Sign the certificate at the bottom, along with the date of signing.
8. If the NOC requires any additional supporting documents, such as an official seal or stamp, attach them to the certificate.
9. Proofread the certificate to ensure it is free from any spelling or grammatical errors.
Remember, the format and language may vary depending on the jurisdiction or specific requirements. It is advisable to consult any relevant guidelines or seek legal advice if necessary.
What is the purpose of no objection certificate for?
A No Objection Certificate (NOC) is a document issued by an organization, government, or authority to state that they have no objections to a certain activity or request. The purpose of the NOC can vary depending on the context it is used in. Here are a few common purposes:
1. Employment: When an employee wishes to change jobs, the NOC from their current employer confirms that they have no objection to the employee's move and allows the employee to join the new organization.
2. Visa and Immigration: A NOC might be required by immigration authorities to ensure that an individual's departure from their home country is not objectionable and that they are permitted to leave.
3. Rental/Lease: For renting or leasing a property, a NOC may be required from the landlord stating that they have no objection to the potential tenant or subletting of the property.
4. Vehicle Transfer: When selling or transferring ownership of a vehicle, a NOC from the previous owner may be needed to state that they have no objection to the transfer.
5. Travel: Some organizations may require their employees to have a NOC before they can take leave or travel abroad for personal reasons. It confirms that the organization has no objection to the employee's absence during the given period.
6. Education: Students transferring from one school or university to another may require a NOC from their previous institution to state that there are no objections to their transfer.
In summary, NOCs are used to establish that a particular activity or request is not objected to by a relevant authority, organization, or entity. The purpose of the NOC is to provide assurance and eliminate any potential objections or conflicts that may arise.
What is the penalty for the late filing of no objection certificate for?
The penalty for late filing of a no objection certificate (NOC) can vary depending on the specific jurisdiction and regulations in place. In general, penalties may include:
1. Late fee: A certain amount may be charged as a late fee for filing the NOC after the specified deadline.
2. Interest charges: The regulatory authority or governing body may impose interest charges on the outstanding amount or fee.
3. Suspension or rejection: In some cases, late filing of the NOC may lead to the suspension or rejection of the application or request associated with the certificate.
4. Legal consequences: Failure to submit the NOC within the required timeframe may result in legal consequences, such as fines or legal action.
It is important to consult the specific regulations and guidelines applicable to the jurisdiction in question to determine the exact penalties for a late filing of a no objection certificate.
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