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Experts : Today's Posts

Posted by : V R SHROFF
Posted On : 8/30/2014 10:05:16 AM

In Reply To : Better way for taking divorce ?

"I think that you are governed by the Muslim personal law, I fail to understand that how you have filed the case under section 9, which relates with HMA. In Muslim law you can act in accordance with Muslim law and take shelter. However, you have to make compliance of provisions of Muslim Women (Protection of Rights on Divorce ) Act



Posted by : R.K Nanda
Posted On : 8/30/2014 9:56:20 AM

In Reply To : About meaning

what is the case?

Posted by : V R SHROFF
Posted On : 8/30/2014 9:55:47 AM

In Reply To : Regarding crpc sec 125 maintenance.

They can get residence order.

Posted by : prabhakar singh
Posted On : 8/30/2014 9:49:20 AM

In Reply To : The marriage law (amendment) bill, 2013

That way you too have NO query.
Raising a fresh problem is not the way to solve the existing problem.

We can not deny a writ lies over the issue you have raised and rest of the things can be discussed on appropriate forum which certainly it is not.

Excess of every thing is bad is a true saying.The Dictatorial type of democracy practiced during late Indira Gandhi regime
gave birth to judicial activism which got too much nursed due to collations and came before us as judicial excess over parliamentary supremacy.

Posted by : P. Venu
Posted On : 8/30/2014 9:16:18 AM

In Reply To : The marriage law (amendment) bill, 2013

May be the queriest, apparently a law student, is at fault and may be naive. But what about the Learned Senior Advocates who had rushed to the Apex Court against the Judicial Appointments Commission (NJAC) Bill?

Posted by : prabhakar singh
Posted On : 8/30/2014 9:12:03 AM

In Reply To : Adoption of brahman child query

No adoption is valid if child adopted is of age above 15 and to claim constitutional reservation benefits, the child should not be of age that reminds his/her mind he/she was brahman or non sc/st. Hence in such situations where claim of benefit of reservation is made,the genuineness of adoption free from fraud would always be an open question before courts.

Posted by : P. Venu
Posted On : 8/30/2014 9:09:21 AM

In Reply To : Regarding crpc sec 125 maintenance.

They certainly can seek partition.

Posted by : Deekshitulu.V.S.R
Posted On : 8/30/2014 9:06:27 AM

In Reply To : Decree

If it is an exparte decree you have to file a petition to set it aside within in 30 days. If it is contested decree you have tofile an appeal withn 30 days

Posted by : P. Venu
Posted On : 8/30/2014 9:01:36 AM

In Reply To : Panchayat office not accepting property tax

You can certainly approach the Collector and/or the RDO/Tahsildar.

Simultaneously, you can seek information under the RTI Act on the pending status of your application(s).

Have you tried to pay the taxes in the account of your parents; there is no law or procedure which prohibits the legal heirs in discharging the tax liability of their predecessors in title,unless the records are mutated.
The property is already vested in you and you have liability to discharge the liability, which is the first charge on the property.

Posted by : prabhakar singh
Posted On : 8/30/2014 8:56:21 AM

In Reply To : The marriage law (amendment) bill, 2013

Let it be clear to you that one is free to think what experts here should be BUT experts know and are free to go the way they want to go here.So they do not answer hypothetical things.
We are not can easily know the procedure of making Acts and how and when they get enforced.In case you stuck in any doubt about that even then we would not oblige you BECAUSE we intend to meet query with facts.
So if you have a wife and a situation proposed in the law as ground of divorce,only then come with facts alone.

Posted by : Anirudh
Posted On : 8/30/2014 8:46:20 AM

In Reply To : Usufructary mortgage-latest supreme court judgement

Please note, the time limit, if any, mentioned in any usufructory mortgage will be of no significance, in the face of the limitation prescribed in the limitation Act.

While saying so, let me explain. The limitation period prescribed in the limitation Act cannot be extended by mentioning any date in the mortgage deed. Similarly, the period of limitation cannot also be curtailed by mentioning any date in the mortgage deed.

Posted by : V R SHROFF
Posted On : 8/30/2014 8:42:46 AM

In Reply To : The marriage law (amendment) bill, 2013

Discus only after it become Law...

Posted by : Anirudh
Posted On : 8/30/2014 8:33:40 AM

In Reply To : The marriage law (amendment) bill, 2013

Dear Mr. Vijay,
It further exposes your understanding of law per se, as a student of law. That is the minimum expected of any law student.

Are you not aware, as a law student, that only when both the houses passes a bill that becomes an Act? If that be the case, how do you ask a query, in the first place?

That's why it casts a very serious doubt about your claim of being a law student. I maintain my serious doubt.


Posted by : Anirudh
Posted On : 8/30/2014 8:31:19 AM

In Reply To : Ancestral property

Dear Dr.Vashista,
I am afraid, you overlooked the fact that the person is not having two wives simultaneously. He married the second wife, after the death of his first wife. Therefore there was no illegality, nor the child born through the second wife is an illegitimate child.

Now coming to the question of 'ancestral property'. As always, I first want to check whether the property is really 'ancestral' in character or not.

For this, the querist has to indicate on what basis he is terming the property as 'ancestral property'.

If it is an ancestral property, then the child from the second wife will definitely entitled for equal share.

Even if the property was not ancestral, and if the deceased has not disposed of the property in one way or the other (i.e. by making gift or WILL etc.), only then the child from the second wife can claim equal share. If the property had been disposed of by the deceased father, then the chances of the child of the second wife getting the share is very bleak.

Posted by : Hemant Agarwal
Posted On : 8/30/2014 8:26:31 AM

In Reply To : Transfer of ownership of property

1. GIFT Deed CAN be executed ONLY if you own the property. In the present case the FIL is the Title-Owner of the Flat and continues to own on records, irrespective that he is now deceased.

2. Since the BIL & MIL does not own the flat, they CANNOT Gift the Flat to their Daughter.

3. A duly StampDuty paid registered Release /Relinquishment .OR. "Family Settlement" deed can be executed in favor of the Daughter, thereby confering 100% Title-Ownership of the Flat in favor of the Daughter. On such instrument between family, Stamp Duty = 2% of properties rateable value and 1% as Registration fees. There is no need to execute multiple instruments.

4. Alternatively, since FIL died intestate, the Daughter may apply for "Letter of Administration", to the testamentory div. of Mumbai High Court, and all the legal heirs/ beneficiaries would grant consent to the High Court. This procedure is the safest and irrevocable and free from all disputes, thus leads to 100% clear title of property.

Keep Smiling .... Hemant Agarwal

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