Aaarrvveee
07 February 2017 at 23:46
"A", a Hindu and "B", a Christian married under Special Marriage Act, 1954.
"A", proposed to adopt a girl child "C" one year old, who was his own sister’s daughter and she was already having two daughters and "B" reluctantly agreed for it.
post-adoption, B was very much particular that they should have a child of their own genes. Couple planned to have a child through surrogacy. "D" Boy child was born
A, died in an accident.
Grandfather filed a suit on behalf of his grand-daughter,"C" , for a share in "A" property in the District Court and for a declaration that D is not entitled to any share in his father’s property as he is neither the natural or adopted son of "A".
The court held that there was a valid adoption and the adopted child, "C", would be entitled to a share in A’s property as
"A" was entitled to adopt as per Hindu Adoptions and Maintenance Act, 1956 and his Christian wife’s consent was irrelevant as per proviso to S.7 of the said Act.
We have to file an appeal, challenging the validity of adoption.
As marriage was performed under Special Marriage Act, 1954, Whether "A" had right of adoption under HAMA.
Whether the consent of "Wife" necessary?
there is no adoption deed.
Whether "D" born through surrogacy has the same rights available to a natural born child.
As marriage was performed under Special Marriage Act, 1954 the succession will be under Indian Succession Act as per sec 21.
As Indian Succession Act, recognize consanguinity, whether adopted child has any right in the property?
Any relevant citations will be helpful.
Thanks in advance.
sampat mane
07 February 2017 at 18:00
We are four brothers and two sisters.
My father (a hindu) left some property without any will.
All have given me Power of Attorney for this property after my facthers death to maintain the property and my mother was alive tll jan 2016.
Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.
In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK. My querry is : 1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses. 2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses) 3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property. 4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
5. What will be the best way to resolve in case any dispute arise.
Sampat Mane
7498330809
sampatmane@yahoo.com
Ramesh
07 February 2017 at 11:24
Dear Experts,
Sir,
I have filed a case in the district court regarding illegal occupation of my land and contruction of a House in the plot. I have paid necessry court fee. The court has served notice to the person. This person let out the premisses on rent and staying in USA. He is not giving his USA address, by which the case is pending in the Court for last TWO YEARS( we are keep on paying for process and serving notice to the address knowon to us ie @ my illegally constructed house in my premisses. Please advice me howto proceed furthur in matter.
Hoping an early advice from the EXPERTS of the FORUM.
Naveen Kanth Dasari
06 February 2017 at 21:47
Hello Experts,
I am a practicing Lawyer, i have a query regarding succession.
A old lady had purchased a residential plot way back in 1977 and she died in 2013, leaving behind her only son as her successor. Her son is around 60yrs of age and has two sons. Now the issue is the property mentioned above is still in the name of the old lady and her son wants the property to be transferred on his grand children's names(i.e., Son-Sons-Sons Children). So what is the procedure to be followed. Can i file a succession or title suit in the court.
Thank You.
ramesh shinde
06 February 2017 at 20:34
An application was moved by the plaintiff for making defendants answer interrogatories however the defendants remained absent they didnt file any say against the said application (ORDER XI RULE 1 is applicable here) the court now have remarked the following "NO SAY HENCE PLAINTIFF IS DIRECTED TO TAKE EFFECTIVE STEPS FOR PROCEEDING IN THE SUIT" now what is the way ahead.. Should the interrogatories be sent to the defendants or a notice to be sent to appear and give say on application, further for sending notice do we need to again take permission of the court to send the notice?
M Singh
06 February 2017 at 18:20
The defendant filed application under order 7 rule xi code of civil procedure 1908 for rejection of plaint or for return of plaint u/s 7 Rule 10 CPC. Now I need to submit reply on next date. Although the main defendant No.1 proceeded himself as ex-parte who is having its office where I reside. Going to defendant place is risk to my life and presently I am unemployed have no income source. Can judge grant the leave to trial case where I reside.
Ayan
06 February 2017 at 11:25
A property is of Wife Name . Husband gave it to rent to Someone and Signed
on a unregistered Rent agreement and issued two rent receipt with verbal consent of wife.
On arrival dispute Husband file case for eviction .The case already 10 years old.
No lawyer , judge notice that , the case file by a person , who is not owner of
the property , his wife is actual owner. Some says to withdraw the case and file afresh.
But we want the maturity years of the case and ask for judgment quickly.
1)My question is that , is this possible to introduce wife in the case also without
hampering the case ?
2)Wife can give any such statement/written that she request her husband to do so as
she is not so much educated or she was ill ?
3)Please mention Any other way to keep the case legal valid without withdraw the case.
(
The truth can not be hide from court as wife has several other property also , where wife is going to file eviction suit also in the same court.
)
ramesh shinde
05 February 2017 at 20:18
What happens when defendant doesn't appear to give his say on an application(By Plaintiff) for leave for interrogatories(ORDER XI Rule 1),
do Plaintiff have to send the application copy via a notice or send him summons? what is the procedure next?
Qutubuddin
05 February 2017 at 19:21
Hi sir
My father has land, which is managed by his elder brother who is in occupation of land. My father is a central goverment employee. when he retired and we asked him land, he is not giving land and showing his physical domination and influence in local level.
We got with great difficulty pass book and title deed. The lands are on my name.
Can i know the time limitaiton for partition suit.
Can you give us some advice with regard to this issues
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Survey number change
My father gave me 15cent land as family settlement when I try to change patta i found survey number is wrong my father expired before 2 years and I have no parent document on the survey number i use. If I see ec or patta i found anonymous names not my father name. I am using the Land my father is buried in that land only. Is there any possibility to claim for real survey number?