SUBODH NARSARIA
29 May 2012 at 21:12
MY FATHER HAD A PROPERTY INHERITED FROM MY GRAND FATHER. NOW MY FATHER HAVE LEASED THE PROPERTY ON RENT FOR 10 YEARS. WE ARE 4 SONS AND WITHOUT TAKING CONSENT OF 2 OF US HE HAS DONE WHOLE OF THE DEALING OF LEASE BY CONSULTING WITH OUR 2 ELDER BROTHERS AND ENJOYING THE RENT KEEPING US IN DARK ABOUT THE RENT AND OTHER TERMS & COND. NOT GIVING A SINGLE RUPEE TO 2 OF US .
MORE OVER HALF OF THE PROPERTY IS THE NAME OF GODESS RANISATI.
IN THIS CONTEXT I WANT TO KNOW WHAT CAN WE DO SO THAT WE CAN GET SOME PORTION OF RENT . OUR FAMILY IS STILL A JOINT FAMILY BUT NOW ON THE EDGE OF PARTITION.
shiva kumar
29 May 2012 at 20:20
My Case History
Sir,
Her Parents taken away us 2/3/2011 on occasion Lard Shiva Shiva ratri festival day, Argued with me Her father beaten her daughter (My wife ) due to reason of she wants come with me. if she will go with me, he told that going to die.
And after 3 months (5/6/2011) They lodged a complaint on me and my family members. Straitening That we are Harassed my wife, dowry, Loss of her pregnant, etc. They created entered different story thing are Mentioned in a complaint.
After the case-filed on me and my family members, she (my wife) was contacted to me on Phone, she was meet me personally and confidentially and Regularly we are together for two months confidentially. After marriage Depends upon her interest I was sent to her continued to her Education I was paid her fees also in previous because we don't have any Issues between us .She Realized what she has done she has Promised to me that she come back at any cost. While she was meeting me regularly Her parents got a information she was meeting regularly They are called up back to Home. Her parents has changed her mind set and warn to her if she agree to live with your Husband, then are going die of all family members. Finally you(my wife)have to say NOT interested with him(husband).This is Actual Position. They are Blackmailing Demanding Money to take Divorce total family members will sent to jail.
They are spoiled my Life and Mental torch er to me and my family members, after case filed on me I have some evidence like Voice Recording, Photos whether these are considerable evidence or NOT
I Requested to you i need a advice from you that what should I do, How to face the case?
Q1) before o r after can I file a Counter case against on her, and Parents, Wetness, Conspirator behind it while case is going on in court?
Q2) Is it considerable the Evidences’ like Voice Recording, Party Photos, Telephone Call Record Data, Other Persons?
3) If this case gets False then what should I do ?
4)If she wants to come back then what Types of Precautions should be Taken?
5)If she don’t wants to come back and Forced to take Divorce by me what should I Do ?
6)Is there ANY Law to take Action on them in such as False case of 498a
i)Like Prestige Issue( EZHADH DHAVA)?
ii) OR any other cases which is legally?
iii)If any strong Counter filed a case on them with that chance to Realize?
7) Counter file cases, some section are Mentioned in site 498a.org is Helpful to us or NOT?
8)Generally what type of Judgment will be Declared by the Court average on some Previous cases of Counter filed on Against on False of 498a?
9) What are the other chances to her to file cases on me, while 498a is ongoing in the court like Divorce, DVC , Maintainces or etc..?
10) What is RCR its uses to me?
11) After filed RCR, she has to attend the court is it Mandatory or NOT?
12)without Informing to me or without Taking my opions for Divorce, and At least of my Signature is necessary or NOT?
13)If I was not Interested to give divorce to her ,What Next?
14) we are ST Tribal’s while case is going on in the court, is there e any chances to second marriage is Legally or NOT?
15) Finally my Opion is wants to back her with Realization, Let you know the court Those are Conspirators’ behind the issue, Should be Punished by the Court .
16)After filing Chargesheet what would be Process of court? Do have any law to file Counter case against on them?
Requested to you sir, Ply give complete Suggestions, And Advices in this Regards, PLZ help me.
how to realize to them what they are doing wrong by Legally?
Once again I Requested to you sir, PLEASE give me the Legal Advice to take her back with Legally with Realize to her.
We are Tribal’s (ST) I was my My Job, Money, Good Name in society each and every thing Mentally, Physically in my life, Finally NO Option to live in this Society
After marriage, after case filed on me I got information of her family Record her father has married 4 wives including 1-divorce, present having to wives, and 1-setup,About her Mother has married 3-husbands,1-divorced,1-lover, present having Govt employer.
Member (Account Deleted)
29 May 2012 at 20:15
My mother married my mother 44 yrs back. He had some relationship with some lady n got two sons. I'm one of the 3 children of my mom. Do the illegal 2 sons can ask for share from my fathers ancestral property.. or my father property... What happen if my dad denies to it..
Already my dad has given a 2bhk flat in Chennai ,plot of 4 cent in Coimbatore and plot at other place..
B.swarnalatha
29 May 2012 at 15:34
please sir dont at all say i am mentally disturbed.i am not.people are finding ways to give an end to the topic.it is a genuine case of harrassment and one can survey near my house and find out from the neighbours. my point is the neighbours are taught how to harass even if they are not paid anything as lawyer sudhir kunar said,one note of jealousy is enough for even a stranger to harass. thanks a lot ,i would like to end this issue and i do not wish any answers coming up for this ,iam mostly worrying because unnecessarily one life is sacrificed for all this ,if people out there value life then they will really understand the real meaning of sorrow and grief,of loosing a person .
Lavneet Singh
29 May 2012 at 13:39
Dear Experts,
I would like to know, in case of contested divorce case filed, how does the time period of separation matter?
Like, I've read / heard that two years separation is necessary to file a divorce case.
I want to file a contested divorce case against my wife. I've been living separately (in separate dwelling unit, but same city) since Jan 2011. Should I wait for completion of two years of separation or file right away?
The ground of my case would be 'mental cruelty' because of denial of sex for 7 years by my wife.
Please comment.
Thanks,
Yours truly,
Husband in stress due to wife.
Rohan kage
28 May 2012 at 23:43
Hi everyone! Can any one suggest me a good lawyer at reasonable cost? thanks
Member (Account Deleted)
28 May 2012 at 22:48
My wife filed a case 125 cr.p.c for maintenance last year. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.
Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son.
My wife petition is decline on the ground that she refuses to join my company without reasonable cause.
now my wife filed revision in high court.
My query : pl tell me experts what approx amount will court grant to my wife
B.swarnalatha
28 May 2012 at 16:57
i am very sorry and hurt by the reply of the lawyer sudhir kumar saying that it is a psychiatric case,this is not the thing that experts should think and say they have to critically analyse with lot of empathy and give a positive note, i can only tell him that to get proof we can go for a video recording and then let us see whether it harassment by in laws or not. i am gold medallist and i never expected a cheap reply from sudhir kumar. when all the earlier advocates have advised me to file a police complaint i am wondering asto why sudhir kumar has no perspective of thinking at all.
Muralidharan
28 May 2012 at 16:01
28th May 2012
Dear Forum Members
Mr.A from Chennai, Tamilnadu, had expired leaving behind his wife, one son and three daughters. The only son and all the three daughters are married. Mr.A has left behind the following properties.
(1) Two immovable properties registered in his name
(2) Jewellery Business
(Gold Jewellery business is being run in the name of deceased Mr.A – Silver Jewellery business is being run in the name of his surviving wife – separate sales tax registration is available and both of them are IT assessees).
Apart from the above there is a third immovable property. However the said property is registered in the name of surviving wife of Mr.A.
The family of Mr.A has now decided to divide and share among themselves the properties and business left behind by Mr.A, as per details given below:
1. Two immovable properties that are in the name of the deceased (Mr.A) would be transferred to his only Son. The surviving wife and the three daughters will have no rights or any claim whatsoever in respect of these two immovable properties. However in respect of one property in which some portion has been let out on rent a survival interest has to be created in favour of the wife of the deceased, so that during her life time she would be receiving some income by way of rent. This is in order to protect her future and she could survive without depending on anybody.
2. The Jewellery business (both gold and silver jewellery business) will also be transferred in the name of the son and he would continue to run the business. All the assets and liabilities of such business including the income / loss, stock-in-trade…etc will rest with the only son. The surviving wife of Mr.A and the three daughters shall have no rights or any claim whatsoever over the said business.
3. The immovable property in the name of the surviving wife of Mr.A would be shared among the three daughters. The son will have no claim whatsoever in respect of this property. The surviving wife who is the owner of this property will transfer this property in favour of her three daughters. The surviving wife will not have any claim over this property once the transfer is effected in favour of the three daughters.
4. Personal Jewellery and Silver articles if any available with the surviving wife of Mr.A shall be divided and shared equally among the Son and Three Daughters.
In order to give a legal force for the decision taken the family will be taking the advise and professional support of an advocate / chartered accountant.
However my query to the forum members out of interest is as follows:
a. What type of document has to be prepared and registered for transfer of the two immovable properties (which are at present registered in the name of the deceased Mr.A) in favour of the Son. Whether a partition deed is enough or any other document is required to be registered. What will be the stamp duty and fees payable to the registration authorities for registering the document.
b. How to create a survival interest in favour of the surviving wife of the deceased in respect of a portion of rental income from one property.
c. What type of document has to be prepared and registered for transfer of the third immovable property (which is at present registered in the name of the surviving wife) in favour of the three daughters. Whether a settlement deed is enough or any other document is required to be registered. What will be the stamp duty and fees payable to the registration authorities for registering the document.
d. What type of document has to be prepared and registered for recording that the three daughters and surviving wife shall not have any claim whatsoever in the “gold jewellery business” which would be taken over and run by the only son.
e. The silver jewellery business, which was so far being run in the name of the surviving wife of Mr.A, is to be transferred in the name of the Son or in the name of the wife of the Son (Daughter in Law). What type of document has to be prepared and registered for recording that the Transferor (surviving wife) as well as the three daughters shall not have any claim whatsoever in the said “silver jewellery business”.
f. What type of document has to be prepared and registered for creating evidence in respect of equal sharing of the personally jewellery and silver articles if any available with the surviving wife of Mr.A. This sharing will be done only after her life.
I would be grateful to the forum members for your kind reply.
With regards
R. Muralidharan
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Divorce
A LADY GOT MARIED IN 2000 AFTER 3 YEAR DUT TO SOME PERSONAL REASON HER HUSBAND HAD TAKEN DIVORCE IN 2003 ON STAMP RUPEE OF 500. AT THE SAME TIME THEY GOT MUTUAL UNDERSTAND AND COME TOGATHER. AFTER UNDERSTAND THEY GOT BABYBOY IN 2004. EVEN TAKE POLICY OF LIC IN 2008 AND KEEP FIXDEPOSIT IN 2007. IN THE YEAR OF 2011 OCT.HER HUSBAND EXPIRED NOW THERE WAS PROPERTY WHICH HER HUSBAND HAD TAKEN IN 2010 AND THAT FD AND LIC POLICY HIS WIFE AND SON ARE LEGALY HIER OR NOT??? IN HOUSE HIS WIFE CANT ENTER BECAUSE HIS SISTER GOY POSSESION AND NOT READY LEAVE AT ANY COST AND FORCE HER BHABHI TO HANDOVER. EVEN HIS SISTER TAKEN OBJECTION FOR LIC CLAIM AND FD. SO PLEASE BE GUIDE.