Learned advocate, please opine who has the first right to cremate the deceased father.
If their is any high court verdict, kindly quote if possible.
Thanks
advocate2301@gmail.com 10 January 2021
Learned advocate, please opine who has the first right to cremate the deceased father.
If their is any high court verdict, kindly quote if possible.
Thanks
Isaac Gabriel (Advocate) 10 January 2021
Hypotheta query.what is the proposed dispute?
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 11 January 2021
Hope such a situation never should arise for any father.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 January 2021
Dharma shaastraas says. All sons of deceased father having rights to funeral. Especially elder son
AllanEsparza 21 April 2023
In general, the right to perform the last rites and funeral of a deceased person, including the father, is usually given to the family members or next of kin. The specific laws and customs surrounding the right of funeral may vary depending on the cultural and religious practices of the family and the region in which they live.
P. Venu (Advocate) 21 April 2023
What are the facts? What is the context?
Sudhir Kumar, Advocate (Advocate) 22 April 2023
please give facts.
AllanEsparza 24 April 2023
Originally posted by : AllanEsparza | ||
In general, the right to perform the last rites and funeral of a deceased person, including the father, is usually given to the family members or next of kin. The specific laws and customs surrounding the right of funeral may vary depending on the cultural and religious practices of the family and the region in which they live. |
If there is a dispute over the right to perform the last rites and funeral of a deceased person, it is advisable to consult with a qualified legal professional or seek guidance from a religious or community leader. I personally ordered a Bahama Blue Granite Color Sample monument for my father, and we buried him according to all Christian traditions.
Shivani 24 April 2023
The deceased's preference must be respected if they appointed someone to make decisions about their cremation rights. A living will, last will, or another legally binding instrument that was registered prior.
If the dead did not express any legal preferences, the choice is made by the next-of-kin/nearest relation.
Suggested hierarchy-
The basic rights of an individual also apply to the deceased, according to Article 21 of the Indian Constitution. In the Parmanand Katara (Pt.) decision from 1995, the Supreme Court recognized "that right to dignity and fair conduct under Article 21 of the Constitution of India is not only available to a living man but also to his body after his death."
All citizens have the right to exercise, profess, and promote their religion, under Article 25. It provides Indian residents the liberty to follow their religion, which includes customs and cultural elements related to conducting final rites.
Sudhir Kumar, Advocate (Advocate) 27 April 2023
Originally posted by : Shivani
The deceased's preference must be respected if they appointed someone to make decisions about their cremation rights. A living will, last will, or another legally binding instrument that was registered prior.If the dead did not express any legal preferences, the choice is made by the next-of-kin/nearest relation.Suggested hierarchy-SpouseChildrenParentsSiblings According to Hindu customs, the oldest son is usually the first in line to cremate the father. The said is also overlooked by the chief priest. The basic rights of an individual also apply to the deceased, according to Article 21 of the Indian Constitution. In the Parmanand Katara (Pt.) decision from 1995, the Supreme Court recognized "that right to dignity and fair conduct under Article 21 of the Constitution of India is not only available to a living man but also to his body after his death." All citizens have the right to exercise, profess, and promote their religion, under Article 25. It provides Indian residents the liberty to follow their religion, which includes customs and cultural elements related to conducting final rites.
i Law does nto provide static andswer to this. It is customary. I have myself seen one eldest son abstaining from cremation and the priest called the youngest.
P. Venu (Advocate) 27 April 2023
The query suggests deeper issues. However, the querist is unwilling to inform. As such, any suggestion cannot but be speculative.