gulamabbas
29 March 2012 at 11:34
A person made a Will. The same was registered with sub registrar of assurances. Now the testator has died.
Querry: What is the procedure for executing Will? Is the cover to be opened in the presence of family members and then the executors will approach court for obtaining probate? Pls adv. Tks
Santhosh
29 March 2012 at 11:13
Dear Sir,
My brother bought the house in 2002 with loan. house was registered in the name of my father and my brother.
It was verbally agreed that, I should take care of household expenses and brother pays loan. We all agreed.
He completed the loan in 5 years.
After that, we bought another property [1st property was mortgaged to get loan] and I was paying the loan EMI. But this property was made in the name of my brother and myself.
Dad, my brother and me agreed that, my brother takes care of house expenses and i pay the loan. Since surety was on 1st property, brother name was included.
All three of us agreed that, once I complete the loan payment, 2nd property will be made in my name.
Now I completed the laon and handed over the 1st property documents to my brother.
But, Now he is refusing to register the 2nd property in my name.
Can I win my claim on 2nd property?
Please provide suggestions
anand
28 March 2012 at 21:32
Brother's wife filed cruelty to cover up her adultery. When he decided to contest it, she filed a false 498a against entire extended family with tons of false allegations months later. Since these allegations were not there in orignal cruelty petition, she withdrew unconditionally (withdrawal of petition as not pressed; no liberty to refile) and then immediately refiled a copy of the 498a FIR as her new cruelty case.
Can we argue for a dismissal of her new cruelty case right away as there is no new cause of action made out after withdrawal? Lawyer says res judicata etc does not apply to matrimonial cases and we have to contest it as it won't be dismissed. Is this true?
Davinder Singh
28 March 2012 at 19:35
She is backout from 13b then how can be possible of mou
ANIL KHATRI
28 March 2012 at 18:33
My brother's wife filed divorce case & submitted fake list of dowry items in family court & case u/s 406 . There are major differences in items in both the list which were asked by our lawyer in court during crossing After realizing their mistake they withdrew their evidence from family court. But now the honorable & very learnt Judge said to pay 1350000 one time elemoney though it is proved that list & dowry case is fake. What should we do and what are the rules in this regards.
Law Querier
28 March 2012 at 18:31
I am residing in India.My wife is residing in Canada (having Indian citizenship).She has filed a divorce petition in family court on the ground:mental cruelty during telephonic talks section 13(i)(ia).I don't agree for divorce.She has made power of attorney to his father to fight the case.I want to know that 1).Can she file 498a although she is living in Canada? or Her father can file 498a against me? 2).How mental cruelty during telephonic talks is valid in divorce case? 3).What is advisable for me, If I file restitution of Conjugal rights (RCR)against my wife as I don't agree for divorce?
girish
28 March 2012 at 18:05
sir please help
my wife went to her father home since from 2 years there is no case of divorce started but she is asking me a share in the property.
in a joint family i got 10 acres land by partition deed registered.
but my sisters asks their share in the court. they are not a part of the register deed of partition.
again we gone for compromise decree in court i got only 2 acres of land in the compromise deed.
now my wife can challenge the court decree?
i have 2 year old daughter.
whether my wife will get share in my property if she is not ready to take the custody of daughter?
Meghna Panchal
28 March 2012 at 15:47
Dear Sir,
I am also Practise as a advocate, but sir i am very confused in this case that wife filed a case Domestic Violence act 2005, (43) section 20(6), and she want monetary relief Domestic Violence act 2005,under section 13 (1), she claim for this, but this family members are our reletives and i know all members for the lase 7 years, and she filed case against of her husband, her mother in law,father in law & sister in law also, I am very sure that the entire family is very innocent, but the wife is very greedy for money that's why to get menetary reward she file the case and she don't want to be live with his husband. what is good to do save his husband & the family members. Please give me ans asap. please.
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Section 498 (a) with 307 of ipc
Investigation officer has superadded section 307 & 341 of IPC in original offence registered u/s 498 {a}, 406 & 34 of IPC just because the influence and pressure put from complainant’s father who also is working as ASI at Mumbai police. Actual pivot of the entire story is, complainant is suffering from personality disorder and this was hidden by her family at the time of marriage.
Husband and his father, mother, sister with brother in law are implicated in this case. Actually main accuser’s sister and her husband has no connection with this matter but police have recorded later on statement mentioning that, “her husband have had threatened her of dire consequences if went to police and he may also kill her and main accuser’s brother in law was supporting at that time” just to add enhance the seriousness of offence with non bail able sections. Now my queries are:-
1) How can section 307 of IPC be added in such matters on the supplementary statements that is also when there are on use of any weapons and even no grievous injuries?
2) Immediate bail application was rejected by JMFC for the reason of SRIDHAN recovery. 2nd bail application was also rejected by JMFC on the grounds that the added section are session court trial able hence dismissed. now even 3rd application also rejected by session court mentioning investigating agency have to arrest the 5th accused; actually 5th accused have been granted an AB and next hearing is held on 7/5/2012- are there any chances of rejection his regular bail?
3) Two of accused are female and one is senior lady with 62 year of age. are there any chances for this ladies to be released on bail?
4) Can main accused apply for MCD? Or he will have to file under HMA?
5) Can Accused apply for quashing of section 307 of IPC which is actually later on thought?