Recent Forum Messages (Todays)



Replied in :   

Can i marry another one before rcr decree and filing divorce petition to avoid alimony.

Posted by : Kumar Doabon   21 August 2018

 



Rest your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.



There are able counsels at each location.



Check for resuch counsels at LOCAL Family/ civil courts, HC, SC…



You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s.



Replied in :   

Can i marry another one before rcr decree and filing divorce petition to avoid alimony.

Posted by : Kumar Doabon   21 August 2018

Although IT is difficult to prove bigamy/adultery but at the same time there are instances/judgments showing IT was proved.



There are many threads on similar query at LCI also e.g;



GO thru;



Home / Experts / Family Law



Bigamy



 



Replied in :   

Can i marry another one before rcr decree and filing divorce petition to avoid alimony.

Posted by : Kumar Doabon   21 August 2018

The court may not force the spouse to stay with other spouse.



Go thru SC judgment; “Wife is not a chattel”.



If other spouse fails RCR order then affected spouse may have ground to pray and convince court for divorce.



If other spouse is qualified and earning handsomely, submit the evidence to court.



Prepare you list of liabilities and evidence of havig NO income, so that court does not award maitainance/alimony for other spouse.



The welfare of child is of paramount concern for court.



You may be asked to maintain child.



IT may not be necessary to register marriage.



The trail of evidences that can prove marriage may go against you.



As per provisions of personal law that applies in your case, IT may be illegal to marry during subsitence of 1st marriage.



Avoid committing any illegality, transgression.



Replied in :   

Can i marry another one before rcr decree and filing divorce petition to avoid alimony.

Posted by : Kumar Doabon   21 August 2018

Which personal law applies in your case?



Are you all Hindu?



Confirm!



Replied in :   

Wife commited adultery and not giving divorce

Posted by : Kumar Doabon   21 August 2018

Anyone may get tempted to commit illegality, transgression.



However one should seek advise from elders of the family, genuinely concerned relatives ( whose future is alos associated with a spouse), competent and experienced well wishers and seek counsel of a   very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.



There are able counsels at each location.



Check for resuch counsels at LOCAL Family/ civil courts, HC, SC…



You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s.



 



IT is entirely your decison to crease differneces and manage to stay with present spouse or proceed for contested divorce or MCD...



 



Take your time and arrive at correct decision that suits you. 



Replied in :   

Wife commited adultery and not giving divorce

Posted by : Kumar Doabon   21 August 2018











Originally posted by : naresh
Respected sir ,

I have married 06 ago ,we have 05yrs baby girl and 03 yrs baby boy .During these 06 years of married life we have lot of quarrels and not happy at all because she always stays unhappy with me even though how good i look her and take care of  children. when ever any small quarrel occurs she cries and calls her parents and relatives and goes to her home and stays there in a prolonged time  . Her relatives  abuses me in presence of her .she always says that I have doubt on her character. Her mobile always comes busy, and whenever  I calls her she will not lift my  phone and puts my number on block list after that i repeatedly requested her to come as children school hampering .then she abused me and said that children are not mine and their father is someone else .Recently she quarreled with me and gone to her home and came back to me after 44 days .after coming to me I observed some unhappiness in her after third day she congratulated me that she got pregnant .Then  I shocked and taken her to hospital and scanning carried out and report came as a 5 weeks fetus is present then I asked her how this possible .then she said she had illegal relation with her 10th class lover ,they loved each other and came to their father for marriage but her father refused and married with me because I am a job holder. then she requested me not to disclose this matter with any one and she will give mutual divorce . I called her father he also said the same thing , I taken her to her home on a humanity basis not saying anything with her  and her father told me ,make mutual divorce papers and we will come and sign .After papers completed in 03 days. Then that time they  done abortion .when I called to come for sign then they completely changed and demanding my whole property .when I refused they threatened me of putting  false cases on me .then I tried to resolve the matter with elders and informed them to come for discussion but they are not coming .I have scanning report of her  pregnancy ,her journey tickets ,her prolonged calls  list her lover , her voice record when she agreed that she had an affair .what can I do sir ,can I get  contested divorce on grounds of adultery with these proofs as they saying they will not give divorce whole life  and take maintenance from me and I will suffer as single person .children also with them. she enjoying with her lover at her home and her parents also supporting her as her lover is their relative but I am suffering alone .please suggest me sir how to fight her .


As per your post the spouse has already aborted the fuetus.



Probbaly the fuetus is burried!



You must have been present! 



Could you get report from Hospital that conducted the abortion!



Do you have the irrefutable evidences of instances that you have posted!



It could lead to cruelty.



The spouse and family is unwilling for MCD and has T&C.



 



Replied in :   

Is it necessary to probate a registered will, in chandigarh?

Posted by : Kumar Doabon   21 August 2018

Refer to RBI; Master Circular on Customer services;19,20



IN case WILL has surfaced and brought in knowledge of Bank, IT may ask to get the WILL probated...



 



New Topic :   

Ncdrc order

Posted by : Raj mehtson   21 August 2018

NCDRC passed an order to a big builder to pay us in 2 instalments. 1st one was 18th Aug. Builder did not contact or send any payment. I should send a notice in next week and file for execution  under 25-27 section? How long will the procedure take? And in practice usually what happens now ? Will we also get any further compensation as well ? 



Replied in :   

Is there any time limit for police action?

Posted by : Shashikant Salvion   21 August 2018

Thanks Joshi.



I too am in the process of RTI.



Replied in :   

Is it necessary to probate a registered will, in chandigarh?

Posted by : Kumar Doabon   21 August 2018

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.



IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.



The WILL should just be valid. Unregistered WILL can be acted upon.



The last valid WILL prevails.



Replied in :   

guarantee

Posted by : Kumar Doabon   21 August 2018

On isues on liability of legal representatives and limitation go thru applicabl enactments and some judgments also and relate with your matter;



e.g;



THE LIMITATION ACT, 1963: 18, Article 37



Delhi High Court



Kamal Gupta vs Bank Of India on 1 November, 2007



Equivalent citations: AIR 2008 Delhi 51



Author: M Sharma



Bench: M Sharma, S Khanna



 



Delhi District Court



21 vs Sh. Darshan Singh (Deceased) on 14 July, 2009



Author: Sh. Rajiv Mehra



 



Punjab-Haryana High Court



Official Liquidatior, Punjab ... vs Mohan Lal And Anr. on 27 September, 1977



Equivalent citations: 1978 48 CompCas 271 P H



Author: H Lal



Bench: H Lal



 



Replied in :   

guarantee

Posted by : Kumar Doabon   21 August 2018

The lender can proceed to recover from estate of deceased borrower, co-borrower, guarantor, sureity, legal heirs per facts of the matter..



If there have been life insurance policies in the name of borrower or one attached with loan to cover the debt use the same to set off the debt.



Look into 3Y from each advance made, admission of debt, and in case of waiver of default the date on which last installment was payable…



Replied in :   

civil

Posted by : Kumar Doabon   21 August 2018

Shadi to hui hi nahin.



Asuvidha, utpiran, kharche ki bharpai ke liye aap apne vakil sahib se charcha karain.



Ladki wale kya iljam lagayange ye unke duara koi karyavahi karne par hi pata chalega.



Aapke Vakil sahib apke bachav ke bare me aapko vitar se samjha sakte hain.



Apne sathaniya vakil sahib se mil kar charcha karain!



Replied in :   

Appeal in industrial labour court

Posted by : Kumar Doabon   21 August 2018

 



There are many threads on simila query at LCI and you may pick up relvant points by searching in SEARCH option  ……….Articles under my profile e.g;



“Apex Court: No time limit for referring labor disputes to Labor Court, Tribunal



Employment of an employee cannot be terminated without inquiry



Employee is Entitled to Interest if Payment of Salary is Delayed !”



 



Employee should seek advise from elders of the family,  competent and experienced well wishers, seasoned employees/ trade union leaders,  and seek counsel of a   very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.



There are able counsels at each location.



Check for resuch counsels at LOCAL Labor Ciourt-CGIT, School-Educational Tribunal, CAT,civil courts, HC, SC…



You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s.



Replied in :   

Appeal in industrial labour court

Posted by : Kumar Doabon   21 August 2018

The affected employee should try to resolve by applying skills; follow up, persuasion, persistence, negotiations, reasoning and build favorable written record for use if required, at appropriate time in appropriate forum……..



If all efoorts fail then try by involving elders, unions..



If still all efforts fail employee can approach court of law that are parent to the nation..



Employee should approach tribunal/courts, in reasonable time..preferably.



Replied in :   

Transfer of property

Posted by : Kumar Doabon   21 August 2018

Gift (registered deed) is without consideration!



You have mentioned about release of share by daughter 1? IT may be possible to release with consideration as posted by you. However the exact share can be determined only after the WILL is duly acted upon without any cloud on IT or probated or if the probate fails?



Apparently IT may be possible to release the share that has devolved upon daughter1 from mother.



Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in Testamentary/succession/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.



There are able counsels at each location.



Check for resuch counsels at LOCAL civil courts, HC, SC…



 



Obtain proper legal opinion in writing.



Till finer nuances of the matter are made clear refrain from entering into any transaction, preferably.



Replied in :   

Transfer of property

Posted by : Kumar Doabon   21 August 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.



 



The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.



 



If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.



If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.



The legal heirs may also consider perspective of registered family settlement after the WILL and register it.This may end scope of any future litigation.

 



Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.



Thereafter obtain copy of updated mutation records.



For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..



If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.



Although it is wrong since the WILL exists.



Check locally and comply with procedure.



 



Replied in :   

Transfer of property

Posted by : Kumar Doabon   21 August 2018

 



Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).



In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……



 



In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.



 



If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………



If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..



If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..



 



IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.



IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.



The WILL should just be valid. Unregistered WILL can be acted upon.



The last valid WILL prevails.



 



Replied in :   

Transfer of property

Posted by : Kumar Doabon   21 August 2018

Which personal law applies in your case?



Are you all Hindu?



Was mother of deceased father alive as on time/date/month/year of his death?



What is this said case that needs to be resolved? Is IT contest to the WILL by daughter2?



Has the said WILL been duly acted upon without any cloud on IT or probated?



The draft of your query, more so narration of legal heirs indicates that you are all Hindu.



Confirm!



Replied in :   

Gift deed of a firm with land and total company

Posted by : Apoorav Mehtaon   21 August 2018

Or i have me make a settelment deed and gift deed both 





Search Forum:







×

  LAWyersclubindia Menu