jach000019
02 August 2011 at 16:25
AS A EXECUTOR I HAVE TO APPLY FOR THE PROBATE IN MUMBAI SO I THINKING TO OBTAIN THE POA OF SOME OF THE OTHER LEGAL HEIRS WHO ARE LIVING OUTSIDE OF MUMBAI IN OTHER STATES.MY QUESTION IS THAT :
(1)ONLY THE REGD. POA WILL BE REQUIRED TO SIGN ON BEHALF OF THE ABSENT LEGAL HEIRS IN THE CONSENT OF PROBATE OR NOTARIZED POA ON THE STAMP PAPER WILL DO.
(2) POA OF MUMBAI WILL BE REQUIRED BECAUSE ASSESTS OF WILL ARE IN MUMBAI AND WILL ITSELF IS OF MUMABI OR POA SHOULD BE EXECUTED AT THE PLACE WHERE OTHER HEIRS ARE RESIDING.
(3) IF I WILL GIVE THE CONSENTS OF THE OTHER LEGAL HEIRS THAN WILL IT BE REQUIRED TO GIVE THE PUBLIC NOTICE IN 2 LEADING NEWS PAPER OF THEIR STATES WHERE THEY RAE RESIDING.
(3) IF I AM NOT SUBMITTING THE CONSENTS OF OTHER HEIRS WHILE APPLYING FOR THE PROBATE THAN HOW MANY DAYS NOTICE PERIOD WILL BE THERE FROM COURT'S SIDE.
(4)IT WILL TAKE HOW MUCH TIME TO RECEIVE THE PROBATE IF NOBODY IS CHALLENGING THE WILL.
Anonymous
02 August 2011 at 13:50
most humble request to lawyers-
recently session judge has cancelled the appeal of husband for stay order against interim relief to wife passed by jmfc, husband has applied in high court against jmfc and session judge order agaisnt husband to pay xxxx amount to wife.
during this pending time husband didn't deposited amount as he does not have any amount balance to pay in physically but the interim relief amount is gone upto rs. 100000/- now wife has filed for recovery application before jmfc but yet high court order is yet to came. and jmfc court is making pressure on husband to pay interim maintenance to wife or produce high court order for stay for the same. and further wife applied for issue of NON BAILABLE WARRANT against husband.
query to be replied for -
can a jmfc court take action against husband where husband is in appeal procedure and the same is pending before high court.?
is there any bar on lower court where appeal is pending before upper court? any case law to curb jmfc monopoly to execute order issued by them but yet appeal judgement is yet to come.?
what step can i take in this dilemma where jmfc is not considering all false allegation made by wife in d.v. case of maintenance and the financial position of husband as actually he is not in the position to pay heavy amount.?
sandeep sangwan
02 August 2011 at 13:15
U/S-13(2)a wife may present a petition for the dissolution of her marriage by a decree of divorce on the ground -
(iv)that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
In such a situation such minor girl filed the suit herself or through her guardian or her(Major)friends or relative? Because minor can filed suit through major only. please explain
Anonymous
02 August 2011 at 13:05
I have been trying for getting divorce since last 6.5 years, when i filed a case in my city and unfortunately she got it transfered to her city and now few days ago the case was dismissed by judiciary. She had already filed dowry case, maintenance and many more in these 6.5 years. Now I am paying lumpsum 2000.00 to her monthly by money order (since the case is in High court) for yet disposed. 498A still pending in district court.
Can you please guide a way and help me out so that I can get divorce, I am ready to pay reasonable amount monthly to her and my child (6 year girl).
Is there any law to get out of this. As a fact I have no physical relation with her since last 6.5 years, infact I see her only when I appear in court.
Please guide me.
Thanks/Ajit Kumar
SUNIL
02 August 2011 at 11:34
HI,
My younger brother fell in love with a girl since last 7-8 years.Now girl is being pergent.... she is going to police station and want to make a case against my brother.... my brother not want to marry her? so what is the lagal punishment against my brother.
Reply me ASAP.
Anonymous
02 August 2011 at 02:30
specially gift under muslim law.does ot require registration.pls mention any one recent ruling of apex court.
sandeep sangwan
01 August 2011 at 21:31
sir,
i want to know about position and status of a child marriage, how can the minor after attaining the majority can nullified the marriage, and please tell me also the time limit for that (with the relevant section)?
jach000019
01 August 2011 at 20:28
MY FATHER HAS EXPIRED AFTER LEAVING BEHIND HIM THE UNREGD. WILL BEFORE 12 YEARS NOW ONE LEGAL HEIR I.E MY BROTHER IS MAKING SOME DISPUTE OVER THE WILL EVEN AFTER EXECUTING (AFTER THE DEATH OF MY FATHER) NOT ONLY THE CONSENTS FOR ACCEPTANCE OF THE WILL AND N.O.C FOR TRANSFERRING THE ASSETS TO OTHER LEGAL HEIRS AS PER THE WILL BEFORE THE NOTARY WITH NOTARY BOOK NO. SO NOW MY BROTHER HAS ARRIVED ON SOME SETTLEMENT POINT SO
(1) FOR SETTLEMENT THE PARTION SUIT CAN BE FILED IN THE COURT EVEN AFTER WILL IS THERE?
(2) WHO WILL FILE THE PARTION SUIT, CAN MY BROTHER FILE THE PARTITION SUIT?
(3) WILL THE PROBATE WILL BE REQUIRED EVEN AFTER THE PARTITION SUIT.
(4) IF THE DECREE IS ISSUED IN THE PARTITION SUIT THAN DECREE WILL BE ACCEPTABLT TO ALL THE SOCIETIES/TRUST/CO. FOR GIVING THE TRANSFER EFFECT TO THE ASSET OR STILL THEY WILL DEMAND THE PROBATE SINCE WILL IS THERE.
(5) IN THE PARTITION SUIT THE ENTIRE LEGAL HEIR CAN PARTICIPATE OR IT WILL BE FILED SEPARATELY?
(6) IN MUMBAI WHAT IS THE COURT FEE AND HOW MUCH IT IS REFUNDABLE?
Anonymous
01 August 2011 at 18:29
Dear Professionals,
I have been married since last 2 & half yrs.Our marriage was not acceppted to my In Laws.They tried to harass both of us especially me by all means still we both tried our best to be with them & maintain good relations with them but they never even thought of their son's happiness.They even asked both of us several times to leave their house & we started staying seperately but still they try to disturb our married life & even they didn't let me to take away 1 ornament which was given by them to me on eve of our marriage which was ultimately mine.
In this scenerio,what would you suggest to overcome this situation.Do we have to file case against them in order to teach them a lesson or is there any other way to get rid from such frequent harassment.
Pls advise.
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marriage expenses of son living with separated wife
Dear sir
1. The parent has the moral obligation to maintain their children. If daughter lives with mother and take maintenance then also can she claim expenses for her marriage in court. Pls cite any HC Law which says that the mother is also responsible to put share of her earning in daughter marriage and as husband was paying maintenance regularly so marriage expenses included in regular maintenance only, hence separate claim for marriage expenses does not lie.