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ankur sharma   24 November 2011 at 11:37

Hindu intestate succession

When does the property inherited from hindu parents who died intestate get vested in the heir ? i.e. when does the legal heir acquire vested interest in the inherited property

V K Dalal   24 November 2011 at 10:26

Maitenance under two acts

Dear Sirs,
Is it possible for a woman to get Welfare and Maintenance relief simultaneously under two acts who is under the influence of her family member i.e. Domestic Violence Act and Sr. Citizen Welfare Act.
If the concern woman has filed suits under two different acts, can one of the suits be naturally dropped by the concern courts if the fact is informed? She has already been given an interim relief under Domestic Violence act. for welfare and maintenance. Subsequently, she submitted another application in the local administrative court (SDM) under The Welfare and Maintenance of Parents and Sr. Citizen Act - 2005.
If yes, under what act (sec./sub-sec)?
Can one of the suit nullify another, if the respondents submit the copy of proceedings in the other court and vice a vars. Would it not reflect the malafied intentions of the applicant and her agents who are submitting affidavits just for the purpose of eviction of the respondents.
In both the cases, only eviction of the respondents has reflected out as the principal purpose of the suits through the affidavits and during cross arguments. Both the Judges have individually indicated that the eviction does not fall under these two acts.
Now, what should be my legal strategy to prove our innocence and be tension free from these judicial proceedings, which have turned out to be total nonproductive activity for my family’s peace and my career. As a result, my family priorities are jeopardized badly.
Thanking you in anticipation.
vkdalal
7737637470

V K Dalal   24 November 2011 at 08:19

Blood relations trapped me, my wife and my innocent daughters through dv act and maitenance act

Dear Sir,
Our judiciary and administrative system protects women, but it has been used to disintegrate families through malafied intentions of one or two members of the family members. Today, our Social and Family values have completely ruined in the name of Woman’s Protection Acts. If one has to understand the culture and ethical value of any state or country, he simply has to see the reflections through a few Indian Families. Picture would be true reflection of that particular country. Our leaders responsible towards National Development are hoarding the 99% of the resources. Corrupt practices and unethical social outcome has polluted even the families and vice a versa. When family's can not be saved, how one can expect that India would be saved.
Me and my family is one of the recent victims due to Woman’s Protection acts. In our society, any women crying with false allegations easily gets the public, judicial and administrative attention and sympathy resulting in bombardment on innocent husbands/mans who become respondents in the proceedings. Under woman's protection acts, husband and man are targeted, fixed and framed and ultimately get trapped. Their pleading for his innocence goes in deaf years, and it becomes highly non-productive activity for him, consequently his own life and carrier jolts.
O' GOD, give some wisdom to these evil women and their maligned agents that man and his family can live with minimum happiness. Family Life otherwise is also full of struggles in the current scenario, and over which, if one is accidentally trapped through so to say Woman's Protection Acts, he would have HELL of a time ahead and would only suffer agony and distress throughout.
Is there any visionary reformer surviving, to give effective protection system to the MAN and hear their cries????
vkdalal

Rajesh Dubey   24 November 2011 at 01:44

How to get the the copy of marriage certificate

Hi Sir,

I am facing a issue. I had registered my marriage in 2007 in Ghazipur, UP marriage registrar. At that time they gave me a certificate signed by Court Notary, but on back side of that certificate, Marriage registrar has signed and stamped. They also gave me a copy of Marriage application form filled and filed by me and the same is signed by marriage registrar.
Now, to travel to Germany, I need to appostile the marriage certificate so I need a marriage certificate signed by marriage registrar.
When I enquired the marriage registrar office to issue a duplicate (copy) of marriage certificate, he is saying that they don't have a copy of my certificate in their record. so they cann't issue a copy.
They asked us to do the re-registration.
Please tell me how to get the certificate in this situation.

Thanks in Advance.

Surender Oberoi   23 November 2011 at 23:20

Value of family settlement made on plain paper

Does a family settlement made on a plain paper among 4 out of total 7 members of a family, with signatures of 4 family members and those of the extended family as witnesses hold any worth in a court of law?

ie. Is such a document admissible in court
in case any of the family members does not honour the settlement?

Anonymous   23 November 2011 at 22:41

Postponing cross examination

if the respondent's advocate is not doing cross examination since 1 1/2 year. he is trying to drag the case. two time he leaved the court during the call for cross. the hon'ble judge telling that he will close the evidence if their advocate doesn't cross. once it was closed their advocate will get more time to reopen the evidence. in this situation what i have to do pl suggest me.

Anonymous   23 November 2011 at 19:32

In crpc 91 who is petitioner and who will be respondent

Dear Sirs...
My whole family got trapped in whole 498a and DVC cases..My wife got order under sections filed u/s 20(3)and 23 of DVC act to grant Ad-interim maintenance of Rs. 8,000 .

my wife is doing regular M TECH ENGINEERING course qualified through Gate Examination from delhi university , she is e getting MHRD GATE ( M tech ) Stipend minimum stipend of Rs. 8,000 ranging upto 20,000. she didn't inform that thing to the court. I AM FILING CRPC 91 .
I want some clarifications in this regards plz help.

1. IN THE COURT OF THE HON’BLE IX METROPOLITAN MAGISTRATE, CYBERABAD


Crl.M.P. NO: OF 2011

IN

Crl.M.P. NO: 522 OF 2010

IN

MC. NO. 145 OF 2009

Between
…Petitioner/Applicant.

And
…Respondent.

APPLICATION FILED UNDER SECTION 91 OF CrPCin my dvc case

1. WHAT number I NEED TO MENTION IN THE Crl.M.P.NO?
2. what is M.C NO? WHat number i need to mention?
3. who will be petitioner here and who will be respondent here?

plz answer my queries.

Thanking you

Anonymous   23 November 2011 at 13:23

First fioor built on undivided property

My father has constructed ground floor and died 15 years back. Myself and other 1 son and 1 daughter are legal heirs of the said property.

I have constructed first floor on the property in 2004 by availing bank loan for Rs. 7 lacs. Plus Rs. 5 lacs out of my pocket (totally Rs. 12 lacs). Currently outstanding loan is Rs.4 lacs.

The bank loan document was signed by all the legal heirs but EMI is being paid by me as I am occupying the first Floor. The ground floor is rented and rental income is collected by my mother.

Due to financial crisis, I am finding it difficult to pay EMI. Hence I have decided to relinquish my share in the property and also EMI paid so far & additional spending of Rs. 5 lac also and requested my brother and sister to take the entire building equally and bank loan also.

Hence I requested legal heirs to allot one vacant land which is registered in my father’s name in lieu of relinquishment of my share in the building.

Now my brother and sister are objecting my request and given following options

1. Settle the entire loan from my sources and relinquish my share in the building the get the vacant land. Hence they can share the building equally.
2. any one will share the outstanding loan equally (i.e 2 lacs to me and balance 2 lacs to another) but he or she will not pay back my EMI amount paid in over the years and additional spending of Rs. 5 lac.

Please suggest me on the followings

Can I get back the EMI paid and extra spending of Rs. 5 lacs

Can I make them to share equally in EMI as loan document is signed by all.

Any other solution is available

Anonymous   23 November 2011 at 09:45

Rcr- residencial order

I have applied for RCR. Husband has applied for divorce. Can i now stay in husband's home or in-law's home? Or should I need to get any approval for that? If yes, where to get that>?