Satish Ravindrakumar Avhad
15 April 2011 at 20:08
Hi,
My Father died intestate.
He has appointed nominee for some of his properties. He also has joint account in banks with my Mother.
He also hold shares with nominee details given.
Now, the questions are:
1. When such nominee details exist, how the intestate's property is disstributed amongst legal heirs (Mother, 1 Son & 1 Daughter)?
2. Does Nominee have pecedance over the Hindu law intestate rules?
3. What is the legal process to be followd to trnasfer the ownership of assets including cash balance in banks and shares?
Thanks a lot in advance,
Satish
Anonymous
15 April 2011 at 17:00
Respected sir,
During the cross examination of my wife we produced some documentary evidences in 25GWAct 1. she has shown herself as divorcejust after a week she left the materimonial home as per her service record.2. As per her service reocrd she is issueless . 3. She has shown herself as single (Miss) in her salary opening account with her bank. 4. She had fainancial transaction with her boyfriend online who was working her previous office three years back. when all documents were produced in the court, she said all are fake and we requested the hon'ble court that we may please be permitted to call for the evidences as our evidences are closed , the hon'ble court agreed and summons were issued to the HR as wel as bank manager to produce the original documents. will all these affect in our case of child custody. Moreever the charges have been framed against her u/s 193 in criminal case and her parents are also on AB in sec. 3 of DP Act and charge sheet has also put in court. Will these help in the said case in my favour.
With kind regards.
Balvir Singh Gandhi
15 April 2011 at 14:08
Dear All,
I have a query relating to partition of property. Background for the case is as under :
My father has 2 wives. First marriage was with my mother (intercasete marriage) and second marriage was with another lady ( Within caste and duly recognised by other family members and society). He had 1 issue with his first wife i.e. me. and 2 issues with his 2nd wife.
Later on my father has dispute with his family and 2nd wife and started living with his 1st wife for his entire life. However he has not taken divorce with his 2nd wife. at the time of seperation from 2nd wife, my father has given her all the property and his belongings to 2nd wife.
Now after death of my father, my step brtoher, step sister and step mother are demanding share in the properties owned by father. However I have also equally hardworked for acquiring those properties along with my father.
In addition to this my father has also adopted one son who lives with me and dependent on me only.
I request all of you, to please respond to following queries :
1) Is demand of my step brothers and sisters are justifiable -- What is the legal status.
2) Can I also demand share for other son adopted by my father.
3) How can i Prove that all the assets created by father was also earned by me equally.
4) How long will it take if I adopt to go for legal litigation.
5) what is the best possible approach which i should adopt.
Thanks in Advance.
Please advice at the ealiest -- as its urgent.
warm regards,
balvir Singh.
Dipal
15 April 2011 at 12:44
Due to uderstanding of the couple they have planned to take a divore, it was initially planned to take a divorce with mutual understanding bt suddenly wht happned the females decsion changed and and told that it will be taken after 3 mnths (1.e after 1 yr cmpletion of her miscarraige)
My question to all professional is:
1) is there any relation of her miscaraige with her divorce ??
2) in case if she claims for alimoney and if v deny to give divorce can she file the police case against my family??
3) if she files the case against us and in front of court if v deny to give her divorce wht are the circumstances??
Awtng for ur reply at the earliest.
Regards
Dipal
Anonymous
15 April 2011 at 12:07
Shri A head of the joint family business, had 4 sons and 3 married daughters and passed away in 1986 leaving no will against his self acquired properties and businesses.
All the 4 sons continued to run the business jointly till 1989 when the eldest son Sh B expired in 1989 leaving behind his wife C , son D and three married daughters. D stepped into the shoes of his father and was admitted as an equal partner in the family business by the other 3 brothers, and the joint business continued with the 3 brothers and their nephew D.
In 1991 another son of A separated from the joint family business and sought his share of the dues from the businesses which were duly paid to him except the undivided share of the joint family property of A. The joint family business then continued with three partners, while the joint family undivided properties continued to be held jointly amongst the 4 family branches of A
The joint family business were run till 1996 when a partition suit was filed in the Court by the 2nd eldest son of A seeking partition of the joint family business and the assets of the family business between the three partners. It is accepted by all that the joint family properties were self acquired by A and not ancestral in nature.
The suit was contested till 2010 when a partial settlement was arrived at between the four groups.
All the three living sons of A along with their nephew D (son of late B who was the eldest son of A) agreed to divide the joint family properties of late A amongst them selves. Smt C the widow of late B and mother of D was also one of the signatories to the family settlement deed.
Now Smt C under influence of her married daughters is claiming her share in the property despite relinquishing her right through the settlement deed in favor of her son D last year
So the queries are:
1. What are the rights of C, the widowed daughter in law of A on his self acquired property ?
2. What are the rights of the married grand daughters of A on his self acquired property ( They got married long before his death)
3. Can C challenge the family settlement entered into in 2010 and ask for a separate share for her self and her daughters ?
Bhushan K
15 April 2011 at 11:14
Hi All,
I want to know in case of death of a minor who shall own the property of the Minor. In hindu succession act there is no mention of inheritence of minor's properties. Does the same rule applies to a minor which applies to a major ?
Thanks
Bhushan
thirta
15 April 2011 at 00:59
respected sir/madam,
what is period of limitation to file WP against the Adaption order of the Court to reclaim child back. or can order be challenged on appeal to high court? what is the limitation period. thanking you
Anonymous
14 April 2011 at 23:49
1. Whether there is any bar in Section 127 of Cr.P.C. to claim unlimited maintenance by the wife ?
2. Can a wife claim more than 1/3 income in her enhancement petition under Sec.127 of Cr.P.C.?
3. Whether there is any principle set by our Apex Court which prevent the court to pass an order for unlimited maintenance in a petition under Section 127 of Cr.P.C. ?
Joseph A Kishore Akurati
14 April 2011 at 22:49
I was booked under Domestic Violence Act and counselled and was asked to stay seperately for 6 months. Att hat time they took written commitment on an white paper to remit Rs.3,000/- per month. though I gave nominal money by hand (Cash)but didnot remit in her Account and the time of 6 months is going to come to an end and what I nee4d to file a divorce.
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Want seperation...
Hi,
I got married in Feb 2009. Though it was a love marriage and I knew my husband 5 yrs before our marriage. We use to work in the same organization. I tried helped him financially thinking he wants to do something on his own. I even went to the extent of purchasing a car and giving him to keep it with himself to make it easy for him to commute. He told me they have a business which is run by his dad and have invested in some other projects which works as additional income source. He even covered the demand of dowry saying they are rituals. My father died when I was very young but still my mother fulfilled all their demands like AC, Fridge, TV Bed Almirah Dressing table, cash... even she asked for 50 Pair of clothes for relatives, Gold for her 3 daughters (DIL) my father in law (FIL) and herself. She even asked to give 18 blankets as a welcome of Barat. Once married my mother in law (MIL) forced me give money to everyone present as a token of respect and it was one of their rituals. My MIL didn't even had proper clothes or footwear for me saying I should use what was given by my mom n not to expect anything from her. with time started complaining about the gifts given to them by my mum saying we should have given rings/chains to her son in laws , should have gifted my DIL chains rather than ear rings, her gold set was very light, my FIL's ring was not heavy. My mother should have given microwave n laptop as it would have been for my n my husband’s convenience etc. Once my youngest SIL said they wanted to ask my mom to present one of her factories as a gift in marriage but thought my mom was intelligent enough to do so anyways but they were proved wrong. I got to know the house they are living in is rented and his dad is not working at all for past 15 years. And the only source of income they had was my husband salary. but still I thought we both r working with MNC & r earning good so we can certainly with time earn enough to get a house. But my MIL was always asking my husband for money we gave a hefty sum for house expenses but still for a small thing like sofa cover or a water filter she would ask for additional money. And to above everything my husband had only 1 answer she didn't mean it she is not well. Always fighting with me for money saying I stop her son from giving her money who am I to keep a track of what’s spend how it is spend and where???? I am trying to take her son away n she will make sure I won’t be around for long... she even claimed that as her husband couldn’t she will make her son fulfil all her dreams. Mentally torturing me about small things that in day to day life don’t matter much and can easily be ignored but can really make you feel you are living in hell. every time when she wanted my mom to give something she will make me call my mum but when it was time for her to give something on any festival or as a ritual she will forget...saying she is not well I am even pretty sure she is faking her illness. she started teaching crap to my husband about me n my family to an extent that he started hitting me occasionally, Once his sister even witnessed it.
We didn't go for honeymoon or celebrated any of the festivals or our anniversary as my SIL would need my husband or it might serve as a bad impression for my youngest SIL.
Anyways then I had a baby boy in may 2010 and she wanted me to give the baby to her elder daughter who doesn’t have a baby for 15 yrs and I should work giving them an easy lifestyle when I refused she started fighting with me within 24 hours of my son’s birth and abusing me all the doctors and nurses were listening. They even commented that such surroundings are not good for my health as I just had a baby we should do something and make her leave the hospital. She even tried insulting me in front of my friends who came to meet me and my baby and she also insulted my younger sister along with other family members. after 2 torturous days they took me to my matrimonial house as I was very sure she won’t take care of me or my baby. I begged for them to let me go to my mother's house for the first 40 days but she refused saying some of her relatives will be coming to meet and give monetary presents to the baby. Once home she refused to do anything for me or my baby, And would always send my husband to call me sit with every1 rather than resting. I refused as my baby was only 6 days n I was anyways weak all with taking care of him without any help my husband started beating me to such extend that my face was swollen. With other small tortures which I didn't disclose to my family thinking they will take tension and anyways it is a pain for which I was responsible for my decision to marry my husband. All I did was requested my mum to take me to her place as my MIL is not well. When she came to get me they asked her to send clothes and gold for every1 including her daughters as it is a ritual. when I was at my mother's place after the completion of 40 days nobody came to take me home and no mention either initially for a couple of months my husband did visit us but his visit stopped when I asked him to give me some money as I don’t like to depend on my mother for everything though she won’t refuse. I even asked him to give me my ATM card which he had with him but he never said a yes or a no on that either when he did returned my ATM card it was with a balance of 97 rupees. but with time he stopped calling me or taking my calls when I called his home number my MIL asked me to stop bothering his son to ask my mum to buy them a house along with some cash or forget I have a husband or she will ever take me back in.
within these 11 months 3 of my cousins got married so I wanted to get some clothes and jewellery after asking them repeatedly as they have everything in their locker they refused i along with a few of my family members went to their place asking to take me some clothes and get some of my jewellery from their locker she locked my almirah and called the police saying we are harassing them she even went to the extent of tearing her clothes and scratching herself for effects, anyways the police did help us to get a couple of saris and jewellery that was given by my mum to me. From that day onwards my husband is not picking any of my calls not even when my son was hospitalized. I wanted to save my marriage but now I am tired of everything and want to get rid of this ASAP.
My question is:
1) What’s the best way of finishing this off at the earliest and getting a proper maintenance for my baby I would prefer not to get into monthly maintenance as they are not reliable enough. Also my husband doesn’t deserve any visiting rights as he didn't bother to think about the baby once or meet him for that matter.
Some1 is suggesting women cell others are suggesting mutual divorce as consenting would take a very long time.
but I don’t think they would be ready to give me anything in terms of stridhan, alimony or maintenance for the baby.
2) Can I get some sort of maintenance from my husband as my baby is very young and I am not earning anything and would really like not to put any burden on my mum though she doesn't mind and can take care of us.
3) Would this affect my divorce plea?
4) Most of my things are still at their place specially my documents, bank papers etc. how can I get them?
Your earliest opinion would be appreciated...