Can the only legal heir refuse to inherit from his/her father in India? If there is exactly one legal heir for a Hindu person's assets and liabilities and that heir does not want to inherit anything (possibly because there is too debt or complexity) is it possible for the heir to completely abandon all rights to the assets and liabilities? What is the manner of doing so? Just keeping quiet? And what happens to the assets and liabilities then assuming no one comes forward to take responsibility?
A person can decline to accept an inheritance under the law of India. The mechanism for doing so depends upon the stage of the probate process at the time and the nature of the property, and often involves a notarized document, or a letter clearly expressing an intent not to inherit. In those cases, the person declining to accept an inheritance (an action sometimes called a &quot;disclaimer&quot; or &quot;renunciation&quot; of an inheritance), and all of that person's descendants, are treated as if they predeceased the decedent from whom the inheritance derives, for purposes of further distribution of the inheritance.
The default choice of law rule is that intestate succession is governed by the law of the place of domicile of the decedent at death (i.e. by the law of the state where someone resides in the U.S. in this case), if there is no will and if no other consideration applies. Incidentally, the citizenship of the decedent is pretty much irrelevant. You don't need to be a a citizen of a place to be domiciled there. Similarly, where you happen to be when you die is also irrelevant to succession although other post-mortem processes like inquests are affected. Real property, however, is generally governed by the laws of intestate succession in the place where it is located. This requires a separate Mexican succession process, which would be called an ancillary probate in U.S. practice, but probably has a different name in Mexico because Mexico has a civil law legal system that follows the Spanish tradition for succession at death rather than the common law procedural process concept of a probate proceeding, and is often handled by a legally trained Mexican notary outside the court system. At the same time, common law legal systems give near absolute discretion to the testator in how they make their bequests subject to minimum immediate family support rules, while civil law legal systems are usually more limiting. Intangible personal property (e.g. a bank account) is usually deemed to be governed by the law of the place of domicile. Whether tangible personal property is governed by the law of the place of domicile, or by the law of the place where it is located at death, isn't an issue that is resolved uniformly in all jurisdictions. It would depend upon how the issue presented itself and in what legal forum it presented itself. Often, the reality that &quot;possession is 9/10th of the law&quot; and that tangible personal property often has little significant economic value, means that these issues are resolved without resort to the courts or formal legal process. (In England, in the early modern era, succession to tangible personal property was vested in the clergy and courts only handled succession to real property and intangible property.) Also, in terms of choice of law, in the U.S., probate is a matter of state law and is subject to a case law exception to federal jurisdiction that prevents it from being litigated in federal courts. Mexico also has a federal system, but I don't know whether Mexico's laws on intestate succession are state laws or federal laws (I believe that it is governed by state law but that there isn't much interstate variation).
Under 28 Pa. Code 1.6, The child of an unmarried woman may be registered with any surname requested by the mother. If no other surname is so requested, the child shall be registered with the mother’s surname Registration is the point at which there is parental discretion. Subsequently, a name change is possible by court order, however as maintained in numerous cases including in re: Niedbala, 36 Pa. D. &amp; C. 3d 397 When the court, however, is confronted with the question of whether to amend or change the surname of a child, lacking sufficient understanding to choose for herself, then the court must not consider protectible parental interests or whether the parents are married, divorced or never married or whether they are male or female, but rather the child's best interests As stated in that ruling, the court will then consider the child's preference; the effect of the change on the preservation and development of the child's relationship with each parent; how long the child has used one vs. the other name. Pennsylvania law on child support is rather long, but there is no provision whereby only a married father or mother can be held liable for support. It is probable that the father was legally established as the biological father, and that would, according to these guys, allow you to have your name put on the birth certificate and perhaps even gain custody.
The most important aspects in India which are governed by specific religious laws are: Marriage Inheritance Marriage It is easier and faster to get married using the religious laws (Hindu Marriage Act or Shariat Act), as compared to the secular marriage law (Special Marriage Act, 1954). That is why many young couples convert to a single religion to get married quickly. Inheritance If one's ancestors identified with a specific religion, and one identifies with another religion, then that could affect one's inheritance. The inheritance of a person, especially a woman, could also be affected by them marrying outside their religion or state. So, if one decides to become the first generation atheist in a family (against the wishes of the family or the larger religious community), their inheritance and their rights (especially if they are engaged in agriculture) could be severely affected. This becomes all the more difficult, if the business of their family is not incorporated as a company under the Companies Act. If you are professional or a first generation business owner, then you shouldn't have legal challenges but primary and secondary social challenges. Primary social challenges could be people not ready to deal with you or engage with you if you declare publicly that you are an atheist. Secondary social challenges, would be to be able to find a lawyer (in your town and whose services are affordable) who can address these challenges. And in case you go to court, the judge may not have a lot of experience or education about how to deal with atheist cases. Also, most lawyers will advise you to identify yourself as a member of a religion to avoid unnecessary legal hassle.
This is going to depend very much on exactly what is in writing. Note that your father could, if he chose, directly leave both the house and the IRA to his partner. If you become the homeowner after your father's death, and the "3-year right to use" and the cost sharing provisions are not in writing, then neither is legally binding. You and the partner may choose to honor your father's wishes, but if he does not put them in the will or another legal document, neither of you is bound. The question says: I cannot evict her if needed, as she is a senior citizen, living in my home, with no lease. I do not know of any jurisdiction in which there is a general ban on evicting a senior citizen in all cases. There will be some restrictions no doubt, but they will depend on the local laws. And of course you may not wish to exercise all the legal rights you may have. You would ultimately, have the right as homeowner to evict the partner. I don't what procedures would need to be followed legally -- that will depend on the specific jurisdiction, which the question does not list. As the homeowner, you would be legally responsible for maintaining and paying taxes and other expenses on the house. The partner would be either your tenant or your guest. Once you have title (and that will take some time after your father's death, in all probability) if the "right to use" was never put in writing, you could ask the partner to sign a lease. The terms could be whatever the two of you choose to agree on. If she becomes a tenant under such a lease, she has both legal rights and legal responsibilities, and each of you has the protection of a clear agreement. You would be wise to consult a lawyer to learn exactly what the local law does and does not permit. Your father might well be wise to put his wishes more clearly in writing while he still can.
is spousal immunity a defense for a forced restraining order by a biological father if he won't even speak to a suitor (i.e. may I take your daughter on a date)? There is no such thing as "spousal immunity". Your post is replete with unclear references, unclear statements, and seemingly unrelated questions. But it is noteworthy that spousal privilege (not "immunity") does not preclude obtaining and enforcing a restraining order. The only relevance of spousal privilege is the evidentiary issue of precluding a spouse's testimony from being obtained and entered as admissible evidence in the court proceedings to which the respondent is a party. In the context of restraining orders, spousal privilege might be available only if the respondent invokes it during the proceedings for civil or criminal contempt that resulted from respondent's violation of the restraining order. If the restraining order is pursuant to, or in the context of, divorce proceedings, spousal privilege is inapplicable. See, for instance, MCL 600.2162(3)(a) and other exceptions listed therein. At least in theory (since courts often do whatever they want), a party's conduct &amp; statements (in or outside of court) regarding his/her spouse may forfeit spousal privilege regardless of whether the respondent or spouse ever spoke to a suitor (whatever that means) at all.
Unfortunately, it looks like the answer is yes. There was a bill passed around 2007 called the &quot;Maintenance and Welfare of Parents and Senior Citizens Act, 2007&quot;. You should track down official information as I am going by newspaper articles. If an employed, adult child isn't supporting their parents or step-parents, 60 or older, their parents or step-parents can go to a tribunal and ask for an enforcement order. The upper limit was 10000 rupees per month or a possible jail term. The Times of India has an article from December 2019 that the government plans to expand the law to include son- and daughter-in-laws as responsible besides children, step-children, and adoptive children. The new bill also includes grandparents and they do not have to be over 60. The plan is also to remove the 10000 cap.
In the US it's very simple: How does the party that makes the lawsuit get the money in this scenario? They don't. Winning a lawsuit against a person is a legal confirmation that they really do owe you the money. It also gives you the ability to do certain things to try to collect: you could seize their assets or garnish their wages. If they don't have any assets or any income then you are out of luck. You can't take what doesn't exist. As the saying goes, "you can't squeeze blood from a turnip". A bit of legal jargon sometimes used here is to say that such a defendant is judgment proof. Even if you win a lawsuit against them, it won't do you any good, because they just don't have any money. If the person cannot pay it off, does it transfer over to their relatives? No. People are not responsible for the debts of their relatives.