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6 Legal Rights of an 18-Year-Old in India: You Must Know!

This article on 'Legal Rights of an 18-Year-Old in India' was written by an intern at Legal Upanishad.

Introduction

In this article, we will take a look at what are the legal rights of an 18-year-old in India. We will understand the meaning of a child, when the age of majority is attained, the Indian Majority Act, and finally rights of an individual who has attained the age of majority.

Definition of a Child

In International Law, a ‘child’ means every human being who is below the age of 18 years which is mentioned in the United Nations Convention on the Rights of the Child (UNCRC). It is an international legal agreement that is accepted and ratified by most countries. India has always recognized the category of persons below the age of 18 years as a distinct legal entity which is exactly why people can vote or get a driving license and/or enter into legal contracts only and only when they attain the age of 18 years. According to the Child Marriage Restraint Act, 1929 marriage of a girl who is below the age of 18 years and a boy under 21 years is restrained from marriage. Moreover, after signing and ratifying the UNCRC in 1992, India had to change its law on juvenile justice to ensure that every person who is below 18 years of age, who needs care and protection, is entitled to receive it from the State.

The Indian Majority Act, 1875

According to section 3(1) of the Indian Majority Act 1875, unless or otherwise, any personal law specifies a different age of majority, every person who is domiciled in India would attain the age of majority upon the completion of 18 years. Section 3(2) of the Act states that to compute the age of any person, the day on which they are born is counted as a whole day and an individual would attain the age of majority at the very beginning of that day. In cases where the court appoints a guardian or if an individual is under the court of wards then they would attain the age of majority after the completion of 21 years.

Rights that can be enjoyed at 18 years old in India

In the case of Preeti and the State of Haryana, the Punjab and Haryana High Court held that children usually attain the age of psychological and physiological maturity much before the legal age of majority. An important question was raised whether the legal age of the majority is on par with modern society. The age of majority for a minor is determined by when the minor achieves mental and physical maturity. However, it depends upon current societal values including various socio-economic factors but most importantly, what society expects from its minors. Rights given to 18 years old may include:- 1- Right to marry: Earlier, the age of getting married was 18 years for girls and 21 years for boys. But recently the government increased the minimum age for marriage for girls from 18 years to 21 years of age. 2- Right to vote: Earlier the voting age in a democracy mainly was 21 years or higher but in the 1970s several countries reduced the age to 18 years. According to the Sixty's first Constitutional Amendment, the voting age was decreased from 21 years to 18 years for the election of the Lok Sabha and the Legislative Assemblies. One can apply for a voter Id card once they attain the age of majority. Voter ID is a photo identity card issued by the Election Commission of India to all Indian citizens who are eligible to vote. 3- Right to driver's license: In India, after the age of 18 years and above one can become eligible for applying for a driving license for driving motor vehicles. Different license categories are there for non-transport vehicles or private vehicles and transport vehicles. 4- Apply for a pan card: When an individual starts earning, a pan card is needed for filing income tax returns. A PAN Card is a permanent account number issued by the Indian income tax department. One can also apply for a pan card before they turn the age of 18 years but it will be seen as a minor pan card. 5- Bank Account and ATM Card: One can open their own Bank Account after 18, no doubt before 18 also you can start a bank account for savings and school scholarships, etc. But Minor Bank Account has some restrictions. Not all facilities are available as compared to normal accounts such as ATM Card or debit card, internet banking, checkbook facility, etc. 6- Enter into a contract: In India, since 18 years is the age of majority, individuals who are the age of 18 years, do not have any capacity to enter into a contract. A contract or an agreement entered into by a minor is null and void from the beginning and no one can sue them for specific performance or damages. The State provides minors with civil and criminal immunities.

Conclusion

According to the new amendment made in the Indian Majority Act, the new minimum marital age for females will take precedence over all personal laws; thus, the legal age of marriage will be raised for all females, regardless of religion. Before this amendment, in 1978, the Indian government raised the legal minimum marriage age for girls from 15 to 18 years and boys from 18 to 21 years. The Delhi High Court has held that an individual of 18 years of age has full-fledged authority to lead their life according to their terms and parents are not allowed to force them to do things against their will.

References

- Understanding Child Rights. Vikaspedia. Retrieved from:- https://vikaspedia.in/education/child-rights/understanding-child-rights  - Indian Majority Act: Defining Legal Parameters Of Adulthood. Get Legal India. Written by Deeksha.  Retrieved from:- https://getlegalindia.com/indian-majority-act/  - Rights of an 18 year old. Quora.com. Written by Harsh Rane in 2019. Retrieved from:- https://www.quora.com/I-have-turned-18-and-I-am-Indian-What-rights-do-I-have  - Delhi HC gives 18-yr-olds right to choose. DNAIndia. WRITTEN BY Kanu Sarda on Jul 12, 2010. Retrieved from:- https://www.google.com/amp/s/www.dnaindia.com/india/report-delhi-hc-gives-18-yr-olds-right-to-choose-1408523/amp  Read the full article

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WHAT ARE THE DOS AND DON'TS OF A GOOD LAW ASSIGNMENT?

For professional practice, courses like law necessitate a student's concentration and talents. Suppose a student is studying a law-related course. In that case, he or she will require integrated professional skills in their education and a constant focus on the most important legal abilities required throughout the practice of law. Furthermore, law assignment help in developing such abilities.

Students occasionally neglect to submit their assignments due to study pressure, and as a result, their grades suffer. This is why most students go for law assignment help online or search to pay someone to do my law assignment.

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Make a schedule for the task and attempt to stick to it as much as possible. If you think you'll be less distracted if you establish a specific time for the day, do so. Additionally, attempt to review what was taught in class, as this will assist in clarifying all of your thoughts on the legal issue. If you have any problems, attempt to talk to your professor and teacher the next day to resolve them or take law assignment writing service help for the same. Pick a time for the task, make a list of the assignments you'll be writing or researching, and begin writing the assignments.

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This is, without a doubt, the most important aspect of the law assignment writing procedure. The data must come from sources that are relevant, trustworthy, and up to date. If you don't, your chances of writing a top-notch law assignment will be harmed. The more authoritative a source is, the higher your score will be. When feasible, use primarily over secondary materials; for this, try to conduct first-hand research or take law assignment help online from experts. It's always a good idea to take help rather than to pay someone to do my law assignment.

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If you have a habit of addressing everything to the professor or the instructor, try to avoid doing so in class. It is normal to inquire about your problem with the lecturer, but asking frivolous questions is not a smart idea. Attempt to find the solution on your own. This will help you have a better grasp of the law and deliver good law assignments.

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Why make this statement? Because of the high level of information that a student obtains from the lessons, they can pay attention in class. This offers more advantages than looking for a law assignment writing service online. The majority of the professor's tasks had previously been covered in class. If pupils pay greater attention in class, they will be able to complete the task quickly. If feasible, make a note in class. You don't have to take down everything; simply make a list of the most important aspects of the issue. So, anytime you have a problem, look through those notes.

What do all good law assignments have in common?

Each law school has its own set of specific criteria for what makes an assignment first-class, an upper second, a lower second, and so on, which may change slightly. However, there is broad agreement on what it takes to get a good grade on a legal assignment, whether it's an assignment or an exam.

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When evaluating the specific criteria of the issue, pay close attention to the details. An excellent assignment will discuss a topic in general and rather strive to address the specific dispute created by the question's formulation.

An accurate description of an in-depth comprehension and knowledge of the applicable law.

An illustration of the broader environment in which the legislation operates. This might contain important policy concerns, the historical evolution of the law and its genesis, as well as scholarly debates about this specific field of law.

A great critical response to the topic asked, encompassing analysis and assessment as well as an accurate explanation. In their responses, the finest applicants show creativity and flare, as well as lateral thinking.

Excellent writing style, conciseness, and impeccable grammar and language. The poor writing style will simply make it more difficult for the marker to recognize your points. Three words encapsulate the essence of good style: Maintain a straightforward approach!

The incorporation of less evident legal or analytical elements.

Use of sources, supporting arguments, and ideas in an appropriate manner.

Using quotes, paraphrasing, and citations correctly and appropriately.

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The elimination of legislation and reasoning that aren't applicable.

Common pitfalls to avoid during law assignment

There are a few extremely typical errors in an assignment writing style that may be identified right away. Always try to stay away from the following:

Students frequently write in a non-academic, informal, or casual style. In a legal article, it is impolite to remark. 'The author's argument is unpersuasive' is a far better choice.

Make sure you write in whole sentences. This entails writing in whole sentences and suitable paragraph lengths. Do not use incomplete sentences, lists, or bullet points in your writing. As you can see, writing in complete prose helps you to participate in assessment and analysis, which is an important part of producing a successful assignment.

Slang, colloquialisms, and spoken abbreviations should never be used. Instead of 'doesn't,' use 'doesn't.'

Students do not accurately cite instances or legislation. Various law schools have different regulations about this, and the rules are generally different for dissertations, shorter assignments, and examinations. Make sure you understand and apply the rules. There's no need to be penalized for something so trivial.

Make care to give credit to your sources. This is the most important guideline to remember while making a legal argument or writing a legal assignment. The legal argument is virtually worthless without a source.

Similarly, don't just mention sources for the sake of citing them. This is a very regular occurrence. For example, understand why you're quoting a case.

Remember to follow the formatting guidelines set forth by your law school.

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5 Legal Rights of Landlords in India: All You Need to Know

This article on 'Legal Rights of a Landlord in India' was published by Legal Upanishad.

Introduction

We frequently hear regarding tenant rights and also how they need to be preserved, and we may even campaign for them. Nonetheless, a landlord's rights are also crucial. It's necessary to discuss the rights of the landlords in India as well because they occasionally experience harassment from their renters. Thankfully, the government took the legal rights of landlords in India into consideration while passing the rental control legislation. They go into great length on the rights of landlords in India. The Indian legislature took a highly progressive action since it is unfortunate that the landlord suffers at the hands of the renter. With his hard-earned money, the landlord invests in the property. A tenant has the right to remain in their rental unit as long as they pay 0.1 percent to 0.3 percent of the property value in rent each month. Is this appropriate? In the majority of situations, tenants only pay 1 to 3 percent of the property's worth in rent every year. We shall first define the terms "landlord" and "tenant" in this article. We shall learn more about the lease between the landlord and tenant in the section that follows. The rights of landlords in India will then be discussed. The paper will then be concluded after looking at remedies to the problems relating to the Legal Rights of Landlords in India.

Who are the Landlord and Tenant?

It is known as a lease when the right to use an immovable property is leased to some other person for a set amount of time in exchange for a predetermined precise value, which is either to be delivered periodically or on particular occasions by the transferee to the transferor. Following the signing of a lease, a tenancy is established, with the transferor or lessor acting as the landlord and the transferee or lessee as the tenant. Lessee, lessor, premium, and rent are all defined under Section 105 of the Transfer of Property Act. A lease comes with a number of obligations and rights. A contract between the two parties establishes the relationship between the landlord and the renter. The Transfer of Property Act's rules pertaining to such matters and the conditions of the contract, in general, control the rights and obligations of landlords and renters. The preservation of the rights of landlords in India is also covered by the 1948 Rent Control Act, which the Indian government passed. Although it is a pro-tenant law, it also outlines the landlords' rights to protect their interests.

Why is the Rent Agreement important?

The rent agreement is one of the most crucial steps for a landlord when renting out a home to a renter. The landlord and the tenant must sign a rent agreement outlining the specifics of the rented property, the monthly rental amount, the rental time, and any other pertinent facts. The stipulations of the property leasing are outlined in this agreement. This agreement outlines the rights that have been agreed upon by both the landlord and the renter. Landlord and tenant rights are protected by a number of municipal regulations.  Rental agreements are severely governed by a number of local rent control laws in India, including the Tamil Nadu Buildings (Lease and Rent Control) Act 1960, the Delhi Rent ACT 1995, and the Maharashtra Rent Act 1999. Some of the legal rights of landlords in India are listed below.

Legal Rights of Landlords in India

The Indian government launched Rental Control Act to control the rent charges and protect the rights of the tenants as well as landlords. It provides the following rights to the landlords: 1. Landlord’s right to screen and choose prospective tenants A landlord has complete control over who will occupy their rental property, just as a tenant has the ability to inspect and select the ideal home for his purposes. This includes the right to screen potential renters, including checking references from prior landlords and verifying current employment, past tenant conduct, wage level, and job prospects. The landlord can choose whether to rent the property to that possible renter based on the results of the background investigation. Therefore, as long as their selections adhere to the law and are founded on reasonable standards, landlords are legally entitled to pick amongst potential renters. 2. Right to evict a tenant It appeared more difficult for landlords to remove residents residing in the home for years since the Rent Control Act only applied to tenancies lasting more than 12 months. The recently discussed Draft Model Tenancy Act 2015 seeks to simplify matters for both landlords and renters by resolving concerns with premature eviction, repossession, and cooperatively setting and updating the rent. Laws now give landlords the authority to evict a tenant for violating the terms of the lease, for subletting the rented space or a portion of it without the landlord's consent, for failing to pay rent on time for a predetermined period of time, for misusing the property, or for engaging in illegal activity in the rented space.  A tenant may also be asked to leave by the landlord if they need the space for their business. Landlords might also include a condition that increases rent if a tenant does not vacate at the end of the lease to deter overstaying. 3. Right to a temporary recovery of possession If a landlord has to make repairs, renovations, or additions to the building that can't be made without the building being vacated, he is allowed to take control of the property. The building will then be offered to the renter once again. Or, the landlord has the right to take ownership of the rental property if it has become unfit for occupancy and cannot be renovated without being abandoned. 4. Right to increase the rent Due to regulations, landlords are given the advantage when it comes to collecting rent. In addition to having the right to charge their tenants rent at market rates for using the property, owners of residential or commercial properties also have the right to raise the rent on a regular basis. By bringing urban leased accommodations under the jurisdiction of the official housing sector, the Draft Model Tenancy Act plays a crucial role in achieving equilibrium. The Act details the duration, inheritance, rentals due, and landlord and tenant responsibilities. The standard rate of rent growth for residential properties in India is around 10% per two years. For instance, the Delhi Rent Control Act's Sections 6 and 8A limit the landlord's ability to raise the rent. 5. To be advised of necessary repairs The landlord has the obligation and legal right to react to requests for repairs in a timely manner. The renter may perform minor repairs to the property. However, prior written consent from the landlord is required for any substantial repairs that call for payment. Therefore, a landlord has the right to know about any repairs that are required for their property. The landlord is required by law to keep the property in livable condition for tenants. However, the rent control statute stipulates that the cost of the repairs would be split between the parties.

Legal Rights of Landlords in India

Suggestions

The landlord should always have a properly written contract with the tenant to avoid any kind of legal complications afterwards. This would also help him to enforce his rights against the tenant in case of any dispute.

Conclusion

In India, certain landlords do exercise greater authority than is often the case, but this is to their cost because renters would prefer to live with a landlord that gives a lease that is either neutral or more tenant-friendly in character. While Vietnam and Japan have extremely "Pro-Landlord" legal systems, India is said to be more "Neutral" or "Tenant-Friendly." Furthermore, it's critical to remember your duties as a landlord in order to protect yourself from any legal action.

References

- India: Model Tenancy Law. (2020, September 29). mondaq. https://www.mondaq.com/india/landlord-tenant--leases/989126/model-tenancy-law- - Landlord legal rights in India. (2021, February 3). Housewise. https://housewise.in/blog/landlord-legal-rights-in-india/#:~:text=LandlordLegalRightsinIndia1,tobeinformedofnecessaryrepairsMore - Rights and liabilities of landlords and tenants under transfer of property act, 1882. (2020, October 24). iPleaders. https://blog.ipleaders.in/rights-liabilities-landlords-tenants-transfer-property-act-1882/ - Legal rights of landlords in India. (2022, May 5). Latest Real Estate News, Articles, Property Insights. https://www.99acres.com/articles/legal-rights-of-landlords-in-india.html Legal rights of landlords in India (99acres.com) Landlord Rights In India (siliconindia.com) Transfer Property Act, 1882 §105 The rent control Act, 1948 Landlord Legal Rights in India - Rent Agreement Importance. (housewise.in) Landlord Legal Rights in India - Rent Agreement Importance. (housewise.in) Legal Rights of a Landlord in India (makaan.com) Rights of landlords in India - Legal Advice Expert India (nrilegalservices.com) Read the full article

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