Muralidharan
18 April 2011 at 12:30
Dear Members
One of my friend had died about three weeks back leaving his wife and only daughter. My friend had acquired a flat at Chennai and had availed bank loan for acquiring the same. According to his wife my friend had insured the loan amount. Hence I presume that the balance loan amount would be settled by the insurance company to the bank directly. I have asked the wife of my friend to check with the bank about the same.
My friend was working in a private company which has PF and gratuity facility. My friend was also having a savings bank account.
My query in this connection is as follows
(1) Who would be the legal heir of the flat (both wife and daughter or only his wife)
(2) What are the steps to be taken by his wife to change the name of owner of the property. Does any document need to be executed and registered.
(3) What are the steps to be taken to claim the PF and Gratuity.
(4) Is any legal heir certificate has to be obtained by his wife & daughter. If so from whom such certificate has to be obtained.
(5) How to claim the SB account balance from the bank and close the said account.
with regards
Muralidharan
Anonymous
17 April 2011 at 21:07
my boy friend not completed 21(he is of 20) years age and i m 20 yrs old.we can not marry at this moment.
we occasionally meet and stay with each other in hotel so in case police arrived can we show them written stamp paper marriage,signed by both of us.
or can i use the same to prove we were in relationship,if my boy friend cheated me.(we are in relationship from last 3 years and physical relationship from last 1 year)
we both are hindu and having cast :maratha
please suggest
Anonymous
17 April 2011 at 20:17
is marriage on stamp paper is valid?
me and my boy friend decided to marry and do not want court long procedure.so just want to know that ,is marriage on stamp paper is valid or what are rules about that.
Anonymous
17 April 2011 at 18:19
Sir,
Two months back I filed I.A.'s for final decree proceeding in the trial court. My sister with ill intention to stall the proceeding for final decree filed forged unregistered Relinquishment/Release deed. The property belongs to my mother and Hon'ble High Court granted 1/3rd share each to myself, my father and Sister in the partition suit. I have not signed any Relinquishment deed but my sister created a forged signature purportedly by through what means I have no knowledge. How can I claim the property.
Please kindly advise I will be grateful for your advise and suggestions.
Thanking you,
MSM
Anonymous
17 April 2011 at 09:15
I have one sister in law which I have come to know after 12 years of my marriage as no one use to discuss about her suddenly my mother in law accepted her back as she left the home 25 years back to get married to men of her choice at that time my mother in law debarred her from her property and published it in the news paper and legally also she did from the court no one challenged that debarred paper do you think those thing can be still valid or not can my mother in law cancel it .kindly guide me or what should we do so that it should remain valid as she wanted her share now
anish
16 April 2011 at 22:05
Sir
My father expired in 2001 leaving behind A WILL wherein he had appointed me as executor and bequeathed his major assets to me because my younger brother is very notorious and vagabond. The contents of WILL was conveyed to younger brother in 2001 and he had accepted WILL at that time . Probate of WILL was not taken because major assets were in non metro city. WILL was subsequently registered two years after death of my father. Now last year i.e. after 9 years my brother has sent me legal notice claiming that father died intestate and WILL is forged. I can prove genuineness of Will by testimony of Witnesses since WILL is genuine. A clause in WILL states “No one shall have any right to raise any objection or legal question in distribution mentioned in WILL”
My brother’s sending legal notice amounts to objection against father’s wish. By raising such objection does not my brother lose his right to receive anything from my father’s estate by virtue of above clause which my father has put ? Can it be interpreted that because my father did not want anyone to object to his wish, anyone doing so is not entitled to receive anything from his assets even though he may otherwise be entitled if he had accepted my father’s WILL ?
Anonymous
16 April 2011 at 17:10
Dear All Experts,
I need your valuable time and advice as my family is passing thru a very very sad and strange phase of life .
We are /were 3 siblings –Myself the eldest son ,then a sister and a youngest bother (whom we have just lost on 20th March 2011 , at prime age of 37 years)
My younger brother got married in November ,2008 (Love cum arrange ).He was blessed with a son who is 1 and half years old .
Since 2004 , Meself, my mother(she is 68 years old) , my deceased younger brother are residing at II floor of a kothi , (This is owned by my sister ).After my younger brother’s wedding his wife was also living therein till the untimely demise of my brother.
Immediately after my brother’s wedding his wife started raising demand of living separately from the joint family but my brother was not ready to live without his family and mother.
She kept harassing and teasing him for living separately .He had started living in depression and when things went beyond his control he had started consuming alcohol about a year back.
His wife started teasing him more in last 3-4 months. He was under lots of stress & tension. Apart from forcing him to leave his mother she used to tease him that he has an affair .My brother was very sensitive & emotional guy . He loved his wife a lot .Under depression he had consumed excessive amount of alcohol in last 2-3 months. He never shared his problem with any of us in spite of asking him so many times . His wife used to fight with him if he talks to his mother, sister and brother. In the house he had confined himself to his room only .When he had stopped going to his work for 2-3 days then his mother got an alarm and went to his room to see how he is .Then she noticed that he is not keeping well .She took him to the hospital on 26th Feb 2011 where it came as a shocking news that his lever is damaged , he is suffering from alcoholic hepatitis and cirrhosis .He was admitted in the hospital from 27th Feb 2011 till his untimely demise ie 20th March 2011 .
The family always used to wonder what was wrong in his life that he had started living in his own shell and having alcohol .We never thought anything wrong between husband and wife as theirs was love marriage and my brother used to love his wife a lot .
The day before his demise when he was taken into ICU , at that time his cell was handed over to me .I read many nasty SMS in his Inbox sent to him by his wife in last 2-3 months . They were all like blaming him that he is only for his family and that I do not have any time for you, you have an affair ,I hate u etc etc .Sent items from him to his wife were all explanatory that I love u d most , tum kab samjhogey etc etc..
I got a clue of his depression but to the shock of our life .I kept shut and thought to see this matter later on . I gave mobile to my sister for safe custody .When we were taking the dead body of my beloved brother for his last journey , his wife had a courage ,sense, calculations to took his mobile from my sister’s hand (who was sense less at that time and busy in crying and consoling mother )and to delete all nasty SMSs from it . Later on when I found all SMSs deleted my sister enquired her and she admitted it that she did it as she was guilty but after her family advised her she took a turn that these were normal SMSs but no answer if normal why she deleted it at that critical and saddest time .
Soon after my brother’s tehravi ceremony , his wife , her parents and all relatives started misbehaving with my mother and us and started demanding money , samaan, jewellary ,property .They did not even care about the untimely , unfortunate demise of our brother.
To our unfortunate fate , my mother just 20 days back of my brother’s demise bought the ground floor of the hose where we are living . This house she bought after taking a loan from my sister . Since then till date my deceased brother’s wife , her parents and relatives are occupying the ground floor of the said property. They refused to leave the property in any manner and threatened us to face dire consequences if we raise our voices. Also they have threatened that if my mother any of her family members would make any complaint against them then we would be implicated in false cases and they would use women harassment cell against us. They are already spreading in the whole locality that we used to beat her and used to ask then dowry (which is absolutely baseless)
My mother and we are not allowed to enter her own house .We are so afraid to enter as they will put allegations they we entered and beaten them . They are not even allowing us to meet 1 and half years kid who is the only nishani of my deceased brother and is the only grandkid of the house.
My mother has 1 plot and this ground floor , both of it is self acquired properties of my mother and is in her own name. We do not know what we should be doing at this point of time when they are already trespassing my mother’s property.
What should we do in this critical situation. We are afraid that she can use weapon of dowry harassment against us .How to get the possession of my mother’s floor . How to get rid of this problem .I know about the kid …law won’t give us the custody as natural mother is alive.
Please suggest.
Regards
Gajender sharma
16 April 2011 at 13:51
can a lady be entitled to get back her dowry items whether she is under trial of murdering her husband?
Anonymous
16 April 2011 at 01:56
I was divorced 8 months back and recently got the legal paper in january 2011 since my ex dragged the case. I had filed a case for my maintenance for iddat period which i did not get. After getting the divorce paper I left for india for 3 mlonths. In my absence my ex filed another case after our divorce claiming for money and gifts from me. i believe its not valid and its a complete harassment from his side. The sharjah court is also not helping and pressuring me to appeal or fight the case otherwise i will be blacklisted , Its totally unfair that such a case even got accepted .I still have my belongings still in his house but in turn he is harassing me for alimony when it should be me who has to file for alimony. I am left stranded since I was unable to go ahead with my case since my mom is unwell . This is preventing me from leaving this place and attending my mom for her health. Kindly help me as your the only source of hope . I want that guy to stop harassing me like this and let me lead a peace full life.
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DESPUTE BETWEEN BROTHER
We are three brothers my first elder brother and his wife setup mobile products and accessories Selling and Recharge business with the help of parents every stage father and brother contribute his business to grow in the market after five year his business set and high goodwill in the market then he is not contribute in household exp. and he leaving separately than he ask for partition in the property but mother health is not good than we not partition and give to brother half of main property where he doing business and he raised objection after one year he ask for to transferred half of property his name but we are three brother so three parts in the property and no rights of my brother to construct of property without consent of me I want a shop in the place equally but my brother not agree and when we asking for that he crying and say I died died ….
So we can not take any action
Please tell me what is doing