Anonymous
02 June 2011 at 11:42
This is concerning inheritance laws in India. I am a 60 year old NRI woman residing in USA since 2007. My younger brothers are also in USA, one a citizen and the other one a green card holder.
Prior to 2007, I was residing in New Delhi, India and my younger brother in Kerala. In 1995, when my younger brother built a new home he got a guarantee from our father that my father's agricultural land would be transferred to him. The circumstances surrounding this arrangement are still a mystery. But later on I came to know that, my brother got my father to sign a blank sheet of paper stating that his land would be divided among both the brothers and I would only get 20000 rupees only. However, this is supposed to be enforced only upon my mother's death.But I heard from sources that my brother did not get my father's consent the right way and did not allow him to change his mind later.
I want legal opinion regarding this as I am supposed to meet with my brothers to finalize this. They are trying to convert it into a official will which can only be enforced with the signature and consent of all 3 of us siblings.
1) Is that blank paper valid as the will is not on an officially attested government stamp paper?
2) Can I challenge this blank paper and refuse to sign the newly formed will ?
3) Can I demand equal partitioning of my father's assets including land?
4) What laws govern a christian's inheritance of father's property in India?
Please provide me websites for reference of the above issue. It would be a great help. Any other suggestions and advice would be of help.
Anonymous
02 June 2011 at 10:41
Sir, What is contained in Section-8 of HSA 1956.Is any amendment made in Section-8 in HSA(Amended)2005.
sajid
02 June 2011 at 01:39
ACCORDING TO MUSLIM PERSONEL LAW IF THE MOTHER DIES LEAVING 3 CHILDREN (1 BOY, 2 GIRLS), AND DAD MARRIES AGAIN AND HAS 2 CHILDREN (2 GIRLS) AND THEN DAD DIES, BUT THE MOTHER IS STILL ALIVE SO HOW CAN WE DIVIDE HIS WEALTH, DO ALL THE CHILDRENS DIVIDE EQUALLY. THE PERSON DIED WHEN THE PROPERTY IS UNDER CONSTRUCTION, SO WHO IS GOING TO GET POSESSION WHEN COMPLETED.
Ravinder Kumar
01 June 2011 at 23:53
Dear Ld. Experts,
My wife left me 3 years back when she was 7 month pregnant and I filled for RCR 16 months back when all efforts through family & relatives failed. I am also paying maintenance for my son as directed by the hon. Judge.
In her reply though my wife alleged my things on me and my family however said that she is willing to come back if due respect and love is given to her. However during Lokadalat when judge asked her if she wants to go back she denied stating that she fears of her life and if court take the gaurantee she will go back, thus the mediation failed. Again during our discussion in mediation center she clearally refused to come back stating that she will solve it in court only and not in mediation center.
In my next hearing Hon.Judge has asked us to bring witnesses. Now my queries from you all are,
1. wheather I can ask (and how) my wife on record that what does she actually meant by her statement on respect & Love.
2. What should I do after the RCR judgement comes. What kind of efforts should I maketo request her to come back as I believe the Hon. Judge will ask her to join my company.
3. She made many allegations like I was cruel to her, demanded dowry and family tortured her for dowry. What kind of proofs she has to submit in our next date to prove her allegations right.
4. What should I do to prove that I actually wanted her to come back and I have never ever inentended to harm her.
syed
01 June 2011 at 19:49
My case is similar to this but case little different please do not mix here,
please guide as per below situation for my friend,
My friend married 3 years before as per Muslim rights, but within few months his wife start staying with her mother citing false reasons (harassment/ torture etc) but we know not true as we know him and family members for past 20 years. He & his family members tried several times to call her but due to her family members interference specially mother in-law – they are not getting any response. Even he file RCR but they didn’t reply or attended, he got ex-parte but he doesn’t want to divorce her – even if she joins him now he is ready to accept but with one condition without her family members interference.
If she didn’t join, he decided to not to call her again, current he is providing 2000 rupees per month in her account, he is ready to continue giving this amount to her even she is working in a company ( no child till now)
His question is,
if he goes for second marriage without divorcing her that will create any legal problem as he doesn’t want to wait more
Or he has any option to get permission for second marriage legally as first wife refusing to join him
Or any other options where he can show his second marriage as legal
But at any cost he doesn’t want to divorce his current wife
Anonymous
01 June 2011 at 16:20
How to get the docs marked towards plea of interim maint?
Matter is adj for arguments on it?
How do we do marking of evidence in such summary procedures?
I have recently started working as lawyer. I was a home maker.
I am not able to answer abrupt questions of the court. please help. There is already some prejudice against the wife as she was delaying the councelling initially.
I am handling a wife's case of divorce HMA, on husbands plea of divorce on cruelty and adultery.
Wife needed to file interim main aplication sec 24 and hence we did so.
All following filed on same day:
1)WS (without support affidavit, for time being)
2)List of docs+ docs: photocopy of marriage card, photos, hisband's sal slip etc
3)Motion of Int Maint + 4) Supporting Affidavit
5) Notice to produce original and latest salary slip and bank statement, and Notice to admit the fact that photocopy of husband's sal slip is correct and bank details etc, which is in the above list.
Court isn't giving any adjournments. Senior lawer is representing the husband.
and now court has kept the matter for framing and Arg on 'interim maint'. Husband has opposed the 'Int maint' on wife's adultery but has not denied notice to produce but rather in dubious manner.
Since int maint hearing happens without any exam-in-chief, How are we gong to bring husband's salary slip on record?
Court is neither making any order on 'notice to produce' nor 'willing to admit wife's documentary evidence of husband's earning'.
This is 'interim maint'. Cruelty or adultery isn't even framed yet in issues.
rani
01 June 2011 at 13:07
kind attention MR G SUNDARAYA RAJA
thanks for your kind reply.let me explain i had taken my husband to court nd police station when he came and dumped me at my parents place and having been granted maintenance suit filled by me four years later and being awarded in first hearing seemed like moral victory but i gave in to his reconciliation approach and things did improve , however during the mediation process two things came to light his usage of derogatory language and his mother who kept on interfering, the judicial magistrate made clear that our parents his and mine are not to frequent our matrimonial home , while my parents struck to the above his started frequenting soon our problems came back, he feels bad about being taken to court and police station the same institution which helped us to reconcile, he refuses to talk and wants to evade any question of problems , his ego is so big he has never made an attempt to talk the things over.
rani
01 June 2011 at 12:19
can one apply for judicial sepaeration while co habiting as we have one adolscent child , i want to do nothing with my abusive husband
rani
01 June 2011 at 11:45
i am being harassed by my husband mentally , my daughter has turned eleven, he uses foul and abusive language infront of her.we have had a judicial reconciliation five years back i delhi high courtwhere he had agreed to pay 30 k monthly, he is doing that but his behaviour is getting uglier, he has started abusing infront of neighbours, during our earlier fight in year 2002 and a seperation of four years he quietly moved our present maatrimonial home in my mother in laws name and he also holds another flat in cghs scheme in dwarka, which has pssed cbi inquiry, where he has given the flase addresse of aljpat nagar, for my daughters sake i dont want to start litigation but there seems little choice or scoope for improvement, shall i write to his employer , he holds a criticl job , as he is a commercial pilot or sent him a court notice.our slanging match happens regularly once in two months , he knows that because of our daughter i am not going to court , talking to hi employer will it help, i want to warn him seriously,i sometimes fear for my life.what kind of notice can i send through cort to warn him.
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domestic violence act
I was married in 1986.We had twin children in 1992. My wife ran away with another man leaving the children aged 3 years with mein 1996.She applied for mutual divorce in 1997 and since then she is absconding.All along I have brought up and educated the children who are now adults.after absconding for 13 years she again filed for divorce in 2009 and has not appeared for a single hearing.In the meantime she has filed another case in 2011 under domestic violence act.I have lot of evidence agains her and she also ha an illegitimate child.Please suggest course of action to be taken by me.thanks
She appl