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advocate2301@gmail.com   10 January 2021

Right of funeral of the deceased father.

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



Learning

 10 Replies

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/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-

  1. Spouse
  2. Children
  3. Parents
  4. Siblings     
  • 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.

 


 

 

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.


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