Anonymous
15 July 2011 at 22:19
A will is signed by the testator at the bottom right hand corner, one witness at the bottom left hand side, and by a beneficiary below the signature of the testator. The will is 38 years old and not executed but kept hidden by one of the beneficiaries decendants. Is the will valid and can it now be put up for probate after so many years ?
Anonymous
15 July 2011 at 21:35
Hi friends,
Will some one of you will show appropriate law on the following proposition?
A final order of maintenance is passed u/s 125 crpc against H.Now three months have elapsed since.Advocate tells application for setting aside ex parte order is barred as more than 3 months have elapsed.He has filed revision petition before SJ.The latter has raised a question, "If there is bar of limitation u/s 126,revision is equally barred".My advocate argued "there is no limitation for filing revision under section 397".
PLZ provide appropriate guidance with judgments,if any, for & against the problem.
Regards !
Anonymous
15 July 2011 at 11:38
Dear Sirs / Madam:
1. Can Police file Chargesheet without Punchnama?
2. Can Police do Punchnama without Wife?
3. What is the Best thing that could happen with us if Police files Chargesheet with or without Wife and mentions the genuine facts in Chargesheet?
4. What if the Judge (MM) or the PP doe snot find anything substantial in the chargesheet?
Anonymous
15 July 2011 at 11:31
Is there any provision in law which allow me to file application for my potency test by medical board before next hearing date? Now the time for steps is going on, and the next date given for evidence listing. So, I would like to get order for my potency test and submit the results on next date. Please advise.
Knowledge Gainer
14 July 2011 at 20:49
After marriage, wife used to share first night matters and other bed room matters with her mother. After marriage s*xual life and matters such as intercourse etc. were new for wife and therefore wife was not able to adjust with this. Wife after discussing with her Mother used to fix time for husband for having intercourse and s*x with her. Her Mother was also discussing these matters with son-in-law. Son-in-law being aggrieved by this, has word with wife and told wife to share these things in future only with him. After this wife started quarreling with husband and left matrimonial house.
Wife has discussed with her uncle and other relatives that her husband was taking doubt on her. So she has left matrimonial house. Her uncle and relatives instructed wife not to go to matrimonial house without their permission.
Husband came to know about this. So to convey his in-laws husband went to uncle’s home and discussed the issue with them. Now wife is arguing that she has no brother or sister or other nearby female relative hence she has shared bedroom life with her mother and husband is like son for her hence her mother has discussed with him. But you should not require going to her uncle and discussing with them. Husband argued that he only know and mix with her uncle only. Age is not a bar for him. Her uncle is in place of father and husband has just told him to explain his mother-in-law with the help of any female member of his family not to do such a thing in future.
Husband has no objection for sharing these matters by wife with her mother. He has objection over mother behavior for sharing or discussing these matter.
Now wife has filed case for divorce on the ground of cruelty. During mediation wife accepted above fact before mediator.
Queries
1.Can wife lawfully share her and her husband’s s*xual life and bed room matter with her mother?
2.Is husband is correct in objecting the issue and can he disclose this before the judge subject to proof?
3.This is cruelty for whom Husband or Wife?
Anonymous
14 July 2011 at 12:49
Dear Sirs / Madam:
Earlier I had mentioned that We are settling the matter with the wife. Wife eager to settle, but, her father finds some or the other ways to interrupt settlement. At one stage we had also finalised everything. But, still her father & her lawyer raised unimportant & baseless issues regarding settlement. They just want that we should keep on trusting them blindly and whatever we say they want it in writing.
Now, since the settlement is cancelled as of now. Police has not yet filed chargesheet for 498A & 406. In fact, whenever the Police called the Wife for Punchnama, She did not come. We got AB in March, 2011. Police tried hard to get her for Punchnama. But, her Lawyer is not allowing her to go for Punchnama. Because they know that at the time of Punchnama they will not find anything as she has already taken her things while leaving her matrimonial (our house) home. They filed DV Act 2005, 498A & 406 just to scare us & extract money from us. They very well know that if in Punchnama nothing is found then their case will get weak & we will get Acquittal easily. So just to pressurize us they are not allowing Punchanama to happen.
In such situation, what should we do? Is there any way wherein we can directly ask or apply to the Police to proceed with Punchnama without the Wife?
Can we approach any legal department, who could officially direct the police to perform Punchnama without wife?
Could RTI be of any help?
Sunil
14 July 2011 at 10:58
Thanks very much sir, but her parents came to my home yesterday evening. They have been informed about divorce somehow. They threaten us to see in court and said you have deceived our daughter. Now what should i do I have consult with my lawyer he told me not to worry. But I want to ask to you. Sir she was first petitioner and I was second. Some one told me she can reopen the case within three months of court decision. Is it true? I have given 1 lack also. Now my son is with me. Please help me sir.
Anonymous
13 July 2011 at 23:43
if an ancestral land is registered to a person's son's name during person's life time... then can his female coparceners claim for that land after that person's death.? and can that land's registration be cancelled if petition is filed by the female coparceners...?
Mohammed Raza
13 July 2011 at 22:59
Dear Mr. Raj Kumar Makkad,
I have a below query to be solve
A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002
"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.
The questions I have are -
a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?
b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?
As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?
No partitioning has yet been done.
The situation relates to a Sunni Muslim family in India.
Thanks in advance N Eagerly waiting for kind advice
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husband wife relations
My daughter was married in 2000 in Delhi. She had some moments of depression in 2001 after marriage and has consulted some psychiatrists at that time twice or thrice. But for this she has no medical history.
She got a job as teacher in 2001 at Srinagar and joined there. She lived there for four five years and got a transfer to Delhi to join her husband. She was visiting Delhi during vacations as her parents, husband and parents in law are in Delhi.
She was being ill treated using philthy words causing mental agony and put to hysical torture and making demands for goods and money
She got conceived and came to her home where her husband is staying the property of his father in 2003. The parents in law sent her to her parents home for delivery and then no one turned to see her. All the expenses for delivery were made by me as parent of the girl. A girl child was born in2003. At Some time after the child birth my daughter joined her matrimonial house along with her child. She was ill treated and beaten up and hence had to leave the house along with her child and come to per parents and then the child remained almost for the entire period up to five years of age with maternal grand parents’ house as my daughter resumed her duty at Srinagar. . My son in law, the father of the child has not even enquired about the child all along and had not spent even a single pie for the child either for education or far health or for any other purpose. My daughter took a transfer from Srinagar in 2007-08 to join her husband. But they were reluctant to welcome her. Some how she joined them. Again ill treatment started. At one occasion she had complained to the police and the husband has given in writing that he will not ill treat her any more and if he dose so she can file an FIR. But again the drama of his behaving bad and on pointing out trying to behave well continued. On a quarrel he left the house where his parents, wife and child were staying in 2009 or so and was staying elsewhere without giving his address for about a year or so thus abandoning his wife and child but stealthily coming and seeing his parents. Then suddenly one day he had come home in the absence of his wife took away all the articles from the hose including Chula, lotas and window screens and his parents leaving only the four walls for his wife and child to stay thus completely abandoning them. They have also taken the silver that we gave to our daughter and some gold that she had purchased out of her own income. They are not giving them back when demanded
My daughter had also sent to her husband Rs 40000 or so by draft from Srinagar and had been remitting money to her husband though in return she did not get even a single piece of cloth or a pennyworth expenditure for her. We cant show any proof for the same now. The husband now says that he has paid it back to his wife
The 30 tholas of gold given to my daughter was lost by them in a theft where in the thieves opened only her almirgh and not the almirah of mother in law which was just by the side of her alimirah and in which also the gold belonging to mother in law and her daughters were there. They promised to make good the loss over a period of time But till today they have not got even a single gram of gold for her
My daughter has put her daughter in a residential school at Solan and spending about Rs. 1 lakh for her education per annum. Her husband is a central government official getting a salary of more than Rs.30000 per month and having fixed assets like car, motor bike and other things. His father is having a residential property where he is now staying along with his parents. On this property too he has spent money for renovation and building a room on the terrace etc and for furnishing.
My daughter was thinking very often to file a case under 498A or domestic violence ACT. I was dissuading her in the hope that situation may improve to the good and the marriage may not be broken.
It is also a fact that her in laws were demanding something or the other every time.
My daughter has applied for maintenance for the child for Rs. 10000 per month more than a year back and the case is pending in the court.
Now in Nov. 2010 the husband has filed a divorce petition saying that
Wife was ill-treating him treating him cruelly
Wife was suffering from Obsessive compulsive Disorder (he has shown the visits to doctor in 2001 as proof and nothing else
Telling a lie that Wife has demanded that his father’s property must be transferred to her name and if the same is not done she would implicate them in false complaints and cases.
The questions now are
Will she get the maintenance for the child and if so how much she will get?
How far the petition of the husband for divorce is maintainable. What are the claims she could make in the case if divorce is to be accepted.
In case of any divorce by mutual consent what are the things that she is eligible for and claim for
Can she even now file a case under 498 A or Domestic Violence Act
Can she file a case under dowry ACT?
How she can get back her own articles in the custody of her husband and in laws
Can she get back the money that she had given to them and how
Can she get back the ornaments that had been lost and how