Mohamed Ali
09 February 2010 at 13:21
Sir,In this Sunnimuslim partition suit, The decree dated 1960 is a preliminary decree,In that preliminary decree our grandmother share is declared as 1/17th share in all the suit schedule properties,
Final decree proceedings is filed in 1986 and is still pending, Here there is no question of reopening of preliminary decree as the orginal 3rd plaintiiff died 20 years after preliminary decree and final decree is filed in 1986,
As some of the legal heirs(children of predeceased son) of 3rd plaintiff were brought on record in the Final decree petition as LR's of 3rd plaintiff by mistake along with the actual LR's, even though they are not entitle for any share as per Mohameddan law.
The final decree proceedings court is not ready to decide Interse problem among one 3rd plaintiff's Legal heirs to decide who are the legal heirs who are entitle for share in 3rd plaintiff's share,
Now what is the remedy for us ?
1) Now our advocate say we can file a seperate orginal suite(declaratory suit) in a Junior divison court stating that, for 1/17th share of 3rd plaintiff as per preliminary decree in 1960,these orphaned grandchildrens are not legal heirs and hence they are not entitle for any share, it will be only declaratory suit to declare who are the correct legal heirs of 3rd plaintiff and the result of which later can be clubbed in the pending final decree proceedings.
Question:
1)Can a seperate suit be filed to declare who are the correct legal heirs as per Mohameddan law to succeed in the 1/17 th share of 3rd plaintiff, as FDP court is not ready to decide Interse matters between legal heirs of plaintiff.
2)Do we have to pay the court fees for the declaratory original suit as there are several schedule properties in the schedule more over the final decree is still pending ?
3)No need to pay court fee as this suit is to declare that the predeceased son's children not the legal heirs of 3rd plaintiff ?
how to file the declaratory suit ?
M Ravinder Babu Advocate Parka
09 February 2010 at 09:41
Husbend earning 70000/per month as salary.wifejust earning 6000/per month.A CHILD AGED 16 YEARS AND STUDYING 9TH.HOW MUCH MAINTAINANCE CAN BE CLAIMED.
THE WIFES EARNINGS ARE NOT SUFFICIENT EARNINGS TO MEET THE PRESENT SITUVATION.PLEASE ANSWER.
rajiv s jain
08 February 2010 at 22:11
can a claim ptition in a tribunal be filed after dissmissing once on difault of non appearance and non compliance of process.
Mohamed Ali
08 February 2010 at 20:30
Sir, The decree dated 1960 is a preliminary decree,In that preliminary decree our grandmother share is declared as 1/17th share in all the suit schedule properties,
Final decree proceedings is filed in 1986 and is still pending, Here there is no question of reopening of preliminary decree as the orginal 3rd plaintiiff died 20 years after preliminary decree and final decree is filed in 1986, It is only to declare who are the legal heirs of 3rd plaintiff who are entitle to get her share after her death in 1980...
As some of the legal heirs(children of predeceased son) of 3rd plaintiff were brought on record in the Final decree petition as LR's of 3rd plaintiff by mistake along with the actual LR's, even though they are not entitle for any share as per Mohameddan law.
The final decree proceedings court is not ready to decide Interse problem among one 3rd plaintiff's Legal heirs,
Now what is the remedy for us ?
Now our advocate say we can file a seperate orginal suite(declaratory suit) in a Junior divison court stating that, for 1/17th share of 3rd plaintiff as per preliminary decree in 1960,these orphaned grandchildrens are not legal heirs and hence they are not entitle for any share, it will be only declaratory suit to declare who are the correct legal heirs of 3rd plaintiff and the result of which later can be clubbed in the pending final decree proceedings.
Question: Can a seperate suit be filed to declare who are the correct legal heirs as per Mohameddan law to succeed in the 1/17 th share of 3rd plaintiff, as FDP court is not ready to decide Interse matters between legal heirs of plaintiff.
rajithkumar
08 February 2010 at 20:23
Dear Friends,
My friend gave debt to wattle company , now that company going to windup and court appoint to official receiver . how my friend get his money?
Legal Eagle
08 February 2010 at 16:01
In case of a Trust having an irrevocable Trust Deed whose object is of a Public Charitable nature, they intend to amend the tenure of appointment, can they do so?
If so under which section?
Also could you please site relevant case laws?
Can an irrevocable Trust Deed be amended?
raj
08 February 2010 at 15:42
dear learned counsel!
Thank you very much to all of you for your expert opinions in my previous post.Kindly consider my another plea.Can i get stay on EP in family court against a lok adalat award,in which the welfare of the child is involved.I got enough documentary evidences regarding the negligence of my child in the guardianship of my ex wife.I filed a GWOP with all evidences for change of guardianship.It was posted for hearing in the month of june2010.I also filed a stay petition in the family court pleading to combine both EP and GWOP.[under order 21,rule 26 and 29 of cpc].But the honourable court is expressing inability to grant stay on EP.Please advice me sir
sachin
08 February 2010 at 14:01
Respected sir,
how do I legally defend a person who put false blame against me with using rough language several times infront of publics and my office staff and This incidents makes me feel lot!.
So,kindly I requesting to provide me step by step legal procedure including approaching the court in this way from onwards to take over him.
And also kindly I requesting to suggest me some books and authors to get legal knowledge about above matter that i stated. Thanking you so much
Rekha.....
08 February 2010 at 11:24
Dear Sirs n Ma’am
In our one case A woman divorced from Mr.B and married to Mr. C. From her 1st marriage she is hving son now he is major. He is claiming the share from the property of Mr. B and Mr. B is no more. He died intestate but his parents are there. Is Son entitle to get the share from the property of B??
Thanks in advance
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