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Atul Kumar Va   24 July 2012 at 01:09

Who has right to property after my loving mother ?

The flat is 10 years old and the building also.
The flat is in my Mother and Fathers name........The payment of the flat was done by my father thru his earnings only.
As the tradition is in India to keep property in wife's name so my father kept the property in the joint name of my Mother and himself respectively.
My lovable mother expired 2 years back.
She didn't make any will.
My father is alive.

We are 3 siblings and above 35 and well settled.

Now my questions are :

1. Is my father the sole owner of the property as he has purchased the property by his own earnings and paid thru cheques from his accounts which is documented.
2. Do we siblings have any automatic legal right to the share/part in my mothers name ?
3. As my father is sole surviving name in the possession agreement, so is he the sole owner of the property and owner now ?
4. Now we siblings want and have requested the society to transfer the share certificate in my fathers name but they r asking us siblings to give them NOC to transfer share certificate in my fathers name........is this legally correct ?
As we feel that as he purchased the property by his funds so it should automatically be his only............
We only need from our society that my mothers name from share certificate be removed and only my Fathers name should remain there and correction be noted at the back of the share certificate.
But they r insisting on NOC from us 3 siblings.
If we dont have any legal right on the property then how can we give NOC and who we r to give NOC to our father ?
The property is my fathers and it should go to him automatically and shares certificates also.
We can give NOC, but why should we give NOC to our father if its his property and made by his own acquired wealth and efforts ?
We feel very ashamed to do this act.
What does the law says ?
Please suggest me what the law has to say about this as all advocates have there own opinion about this issue.
Regards.

Atul kumar   24 July 2012 at 00:45

Domestic voilance

If Court award maintenance against husband under domestic voilance and wife fieled recovery for payment of maintenance, then under this act which procedure the recovery of maintenance will proceed

1- in civil
2- in criminal

if husband not pay any maintenance under domestic voilance then, can magistrate send jail to husband, if yes then for how many days

Bub   23 July 2012 at 23:35

Filing of application u/s 151 cpc

I missed filing my affidavit of evidence on the date it was posted for filing. On the same day the opponent filed an application to close my evidence and subsequently the judge closed my evidence. I have filed an application u/s section 151 CPC in order for judge to set aside the earlier order passed by the same judge. Can you please help cite some judgements which would have got passed under these circumstances. Kindly help as the hearing is this week. Kindly assist urgently.

rsraghukumar   23 July 2012 at 22:57

Jurisdiction

sir
i have the following two doubts, please enlight me sir.

1) Bigamy case is attracted to woman or not. I mean to ask sir, if a woman marries second time,where her first marriage is subsiting,will Bigamy case attracts for a woman? Or bigamy is only for men?
2) sir i filed OP before family court. but subsiquently it was transfered to Senior Civil Court, which is not family court. the OP file is transfered by High Court to Senior Civil court. and OP was declared in my favour. the girl prefered appeal in FCA before High court,the case decided against the appeallant.
Now my doubt about the second point is sir, will senior civil Court which is not family court and which was transfered to that court as per high court is having jurisdiction to declare marriage as null and void or not.

Atul kumar   23 July 2012 at 20:37

Domestic voilance

विद्वान अधिवक्तागण

यदि घरेलू हिंसा अधिनियम के अर्न्तगत लडके के विरूद्व भ्रण पोषण के आदेश् कर दिये गये हो, लडकी उसकी रिकवरी डाल देती है तो उक्त अधिनियम मे रिकवरी की प्रकिया सिविल प्रकार की होगी या दण्ड प्रकिया के अर्न्तगत होगी।
क्या उक्त रिकवरी के अर्न्तगत मजिस्टेट द्वारा जेल भेजा जा सकता है

Shakeel   23 July 2012 at 19:26

Sharia law-mother's house

My mother inherited one house from our maternal grandfather. She died in 2009 verbally telling that this house will be for four sons and one daughter. She did not want to give any share to her husband i.e. our father. How this house can be disposed off in mumbai as father does not want to sell the house? What would be share of each son and one daughter?

George   23 July 2012 at 16:12

Divorce

I am a christian.Got married in January 2012.I would like to know the procedure for mutual consent divorce.Which year can i remarry?If i file for divorce in Jan 2013 which month i can get divorce.Which year it will be?Is 1 year or 2 years separation needed for christians. I got separated from my husband in April 2012. Will i get divorce in Aug 2013 or aug 2014.?

Nishit   23 July 2012 at 09:12

Daughter's birth certificate - mothers name change

Hi there,

Current Status :
1. My Wife's Maiden Name is on my passport as spouse.Format (Her First Name,her Maiden Surname.)
2. My Daughter's Birth Certificate has her Mother's name in the below format (Her First name, My First Name, and My Surname.)

3. Now i need to make my daughter's Passport with my Wife's Complete Maiden Name. Format
(Her First Name,her Maiden Surname.)

Issue :
How do i proceed Ahead with this ??

Kavitha Paul   23 July 2012 at 00:26

Child custody

Sir I need a format of MOU or Agreement for a divorced mother wants to have the sole custody of her children and husband also agreed for this. Please tell me how to write it.

raj   22 July 2012 at 21:59

Daughter's percentage of share in father property

Hello guys,

in below scenario what would be the sharing percentage of daughters ?

my grand father passed away in 1999. and there is no will written by him. my all 3 aunties get married in 1975, 1993, 1997 respectively and now they are asking for their shares in property (equal share).

we are hindu living in maharastra.

thanks and regards