perumal
03 November 2018 at 11:18
Sir,
I have sought for opinion on the applicability of sec 23 of Hindu Succession Act, 1956 as amended during 2005.
The History is narrated below as already forwarded.
A property of two houses jointly constructed stands in my mother’s name. She died during the year 1996, well before the enactment of amendcd Act, 2005. The legal heirs are as follows.
1. My father – Widower - died during 2012, ie after the enactment of amendcd Act, 2005
2. Myself - only Son
3.Ist daughter – married before the death of my mother i.e., during the year 1979
4. IInd daughter – married before the death of my mother i.e., during the year 1983
My father while he was alive, released his 1/4th UDS share of one house (among two) on 3rd october, 2005 by a registered deed to one of my sister and also made a open in the centre wall between two houses and kept open to the other house which is under my occupation and enjoyment. Through the new opening door, my sister who enjoyed the other house and IInd sister (she was allotted a house by my father in her name by registered deed) blocked my kitchen, bath room, latrine and stair to upstair threatening that equal share should be apportioned and partitioned.
I have not yet approached any court to seek remedy.
I have received good suggestion and opinion on applicability in my favour by our experts, Mr.Shashikant Patiln and Hemant Agarwal on this issue.
While I have gone through some judgements of Apex Court, in one case it is noted as below.
“ The recent precedents of the Hon'ble Apex Court are consistent in laying down the law that in matters where no partition was effected anterior to 20th December 2004 or no final decree was passed or any testamentary disposition took place before that date, the daughters on par with the sons could seek partition as the co-parceners”.
In my case also no partition has not yet been made till date and no court case is pending in any court in this regard. If it is so, shall my sisters be treated on par with me (son) and could seek partition as the co-parceners.
I shall be very thankful to clear my doubts, sir.
Perumal.M
Kalpana
02 November 2018 at 14:43
I was married 3years back..my husband and mil tortured me mentally...they dint allow me use ph to talk to my parents nor allowd to c them...my mil always takes her son out brings nit and sends to office..i was treated like a maid,,to prove e is good e filled rcr..but i filled divorce..hw much can i get as alimony i hav 2yrs daughter...i dont want to give my daughter to him...my mil is the very first culprit who ruined my life ...
Swapy
01 November 2018 at 11:10
I was married to this guy 6 months before. He has been harrasment me mentally and emotionally since our engagement. He started with many name calling, belittling me. I informed my parents about this, but we just shrugged off as we are already engaged.i told him that it's hurting me , then he told that he is been joking about that. And he also shown interest in knowing about my sister after engagement, when I finally questioned about it and told him that it's hurting because I'm going to be his partner. he agreed attracted towards her and later he just told me that I'm imagining all the things and he never did such a shameful thing. Even he took my virginity by force and with anger and when I cried and questioned him that what wrong I did to hurt me and not loving me, then he simply told sorry and he told that he don't know anything about girls virginity as he has no siblings ( women), somehow he convinced me that he loves me. And I believed him.but this doesn't stop. He is continuing to harass me emotionally, he is not allowing me to communicate properly , he never listens what I say, and he always blames me. So I got a doubt that may be he liked someone before me and I asked that, he went into rage and said you always talks rubbish.. he always tries to hurt me some how..and after seeing hurt in my face he satisfies and says because you did like that I have to act in such a manner. He many times warned me that he will hit me. And if he gets angry he hit my bottom so even I complain anyone they never feel it like hitting me. He easily goes into rage and always makes me cry, I tried everything.. I never misspoke against his words, I never disobeyed his orders, but still says you did such thing that's why I'm angry, he uses me for sex but never connects emotinally, he always tries to control me by fear, he once almost hit me by his fist, but by god's grace I was saved, from then onwards i couldn't continue to be with him. It's really exhausting, I want divorce from this man. I don't have any kind of evidence, he just cleverly manipulate s every one that these querels are common among couple and nothing to worry, no one believes me. I can't continue with him.. please help me, please save me from him. What to do? How to divorce him? I just have my dairy that was written to outlet my feelings which I can't communicate with him.. I tried everything to save this marriage, but now really want to leave , please help me
Anonymous
01 November 2018 at 02:49
I belong to christian family...I got married in June 30 ,2018. in a Church, . within 10 days of marriage my wife left me and settled at her parents house..She enjoyed life with me, made me spent lakhs of rupees in ten days, later she used to start argument for silly reasons and make it complicated. Due to this elders got affected.. she says , she was forced to marry me by her mother. She used to search for reasons to avoid me i.e harrasing, cruelty etc & used to threaten me " will complain police ". 5 months passed away, now she is saying that she doesnt want to continue life with me. Her family is helpless & left the decision to my wife. i have filed restitution of Conjugal rights, yesterday..But my family doesnt want her , as they are scared of her ..again she may create false story and file false cases on us.
I have all the audio recordings , how she misbehaved with me, warned me, abused me, etc. i too dont want to continue life with her..
Somebody please help me out.
Anonymous
31 October 2018 at 22:01
We are 5 brothers and 2 sisters all are married my father is exprire wthout any will we already given 2 sisters share now we all 5 brothers willing sale a fathers flat which is already registered in my mother's name now this property is willing to among 5 brothers do not want to give shares to 2 sisters please advice for the same
balakrishna ch
31 October 2018 at 17:12
sir..... my name is bala krishna chirra ..... recently born a new baby to me..... can i put name as lakshmi yallavula. .... i want change my baby initial in the date of birthcertificate... still i didnt taken the certificate..... if possible ? what is the procedure?as per which section? if not why? please give me a advice.....
Anonymous
31 October 2018 at 13:07
Can 2nd wife with daughter can claim property of demised husband as 1st wife is issue less and 2nd wife is married with 1st wife and families consent.
Neeraj Jha
31 October 2018 at 09:55
Hi,
Me and my girlfriend both are in live-in relationship, and both we are married and could not get divorce from our partners.
Now the rules are changed, 497 given relief to women
According to this act we can live freely but can we born child also???
DEBJIT GHOSH
30 October 2018 at 23:59
Can a live in partner be introduced as wife to friends & neighbours ? What will be the parent's name of a baby, born out of live-in relationship? Is it a criminal offence to have a baby in live-in relationship ?
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How to get divorce
Hi,
I was married in December 2015 and she stay wit me for only for two weeks then she gone at her home.
She told me that she don't want to married, she married because of his father.
In October 2017 she come for 25 days then go back to her home. Upto now there is no communication yet. Not even single call
She don't want stay with me and her father refuge to sent girl and to gives me Divorce.
I am a middle class guy and they are millaniar, her father and family member told me that they will destroy my family.
Can you plese give me advise on this.
In advance thanks.