Anonymous
02 March 2011 at 19:49
Dear Sir,
My grandfather had two properties in his name. By his will he willed the same to
my fathers HUF. My father died in 1983 & willed the same to us 4 brothers. In
his will he has not given any share to my mother.
Dear sir,
My grandfather by will gave his property to his son’s huf only(my father’s huf)
by will . my father in his will mentioned that “ I bequeth my share in assets of
huf in equal share to my four sons” he specifically mentioned all the huf
properties he had and directed them to be divided equally amongst four sons but
didn’t mention the name of the property in question however in the index of
properties it showed that he had 1/6th share in the property in question .he
further mentioned that
“besides the above, as to whatever property or effects of mine be there at
present or which I may herein after create or happen to be there in any
circumstances and to which I may have right, title or share or to which I may be
entiteled, the mention whereof and the disposition where of might have been left
out to be made in this my will, I direct the said entire property and effects
shall be give to my four sons”
“ I further direct the executors and trustees of this my will to distribute the
residue og my estate to my four sons”
Now the question is
a> can my mother claim share in the property even though her name was not
mentioned in the will?
b> can we deny my mother her share(because as per her will, she wants to give
all her property to only two of her sons) since the property was not self
aquired property of my father netiher her?
c> Also can she will the same property as per her wish (Effective after her
death)
mohan lahoti
02 March 2011 at 17:11
Dear Sir,
My grandfather had two properties in his name. By his will he willed the same to my fathers HUF. My father died in 1983 & willed the same to us 4 brothers. In his will he has not given any share to my mother.
Dear sir,
My grandfather by will gave his property to his son’s huf only(my father’s huf) by will . my father in his will mentioned that “ I bequeth my share in assets of huf in equal share to my four sons” he specifically mentioned all the huf properties he had and directed them to be divided equally amongst four sons but didn’t mention the name of the property in question however in the index of properties it showed that he had 1/6th share in the property in question .he further mentioned that
“besides the above, as to whatever property or effects of mine be there at present or which I may herein after create or happen to be there in any circumstances and to which I may have right, title or share or to which I may be entiteled, the mention whereof and the disposition where of might have been left out to be made in this my will, I direct the said entire property and effects shall be give to my four sons”
“ I further direct the executors and trustees of this my will to distribute the residue og my estate to my four sons”
Now the question is
a> can my mother claim share in the property even though her name was not mentioned in the will?
b> can we deny my mother her share(because as per her will, she wants to give all her property to only two of her sons) since the property was not self aquired property of my father netiher her?
c> Also can she will the same property as per her wish (Effective after her death)
Anonymous
02 March 2011 at 16:51
hi all,
my name is raja. i am working in a software firm. i fell in love with a girl whose name is priya. when we talked about our love to her home, we got a negative response and came to know that we cant get any nod for our marriage from their parents. all was okay with my family though. so we decided to get register marriage(not knowing to anyone) and live seperatily until their famil members accept our love. we married some 7 months before and lived seperate . in the meanwhile, we pressured her parents. but the thing is now, there are some misunderstanding between me and priya. she doesnt want to live with me. there seems to be no way that she believe me again. she hate me to the core now. but i really wanted to live with her. the main prob is now her parents is trying to start a marriage procedure for her. even though we married by mutual concerned and solemnized at the register office, what if she complains that she was forced to do that? what is that i should do now to avoid any consequences? what are the legal ways ?
Anonymous
02 March 2011 at 13:24
is it statutory obligation of court to grant interim relief to wife?
where husband submitted that he is ready to live with wife.
if yes please give details under which act and section it is made compulsory.
Anonymous
02 March 2011 at 11:27
I was seperated from my HUF with my brother keeping some property and my father and mother have most.
At that time properties were seperated on simple stamp paper with signs of all of major family members. ( I just have copy of the same.
Almost 15 yrs have been passed since then. In the mean time I have tried to get my share of the Undivided family property through family friends from my Brother and father without any success. They are not willing to give me my share.
some of the agricultural lands is inherited bymy father. Other realestate are partly created by selling inherited property by my father and partly by my fathers earning. My brother never worked fruitfully to earn any considerable amount.
Can I have chance to get my share through legal means. At what court level I should start?
After my seperation from family I have earned wealth and built realestate. Can my brother claim share on my earned property (after partial seperation) if I go after him and my father/mother for my share of their inherited propeprty?
In gujarat which family laws apply to HUF for proprty issue?
mohan lahoti
01 March 2011 at 16:10
Sir,
My father had made a will. Subsequently he died in 1983. Our house stands in the name of my fathers HUF. In his will he left his property in names of us 4 brothers. He has not mentioned any share in my mothers name. My question is that does my mother have any claim in the property?
xyz
01 March 2011 at 15:32
Dear sir,
my case is as follows
My father died in the yr 1983, with 4 sons, and a wife
he created an huf , after his death what is the legal standing of his wife and four sons in the huf property?
to be precise he has given his personal 1/6th share in the huf to his four sons
now does my mother have any right in the property since he in his will has not given or metioned about the Huf property
Shekar
01 March 2011 at 13:36
I understand from Mr Venkatasamy that only ancestral property can be shared by grand-childrens. In this case is the first Daughter eligible for 10% more share?
Thanks,
Shekar
Anonymous
01 March 2011 at 13:32
Dear sir,
On the decree passed in a petition for maintenance execution was filed.
1.Can a GPA holder appear for JDR?
2.Can a compromise petition be file in an execution proceeding JDR accepting for a lesser amount than granted in a decree?
3. If the terms of compromise is not followed can the DHR still recall the original order after execution of Compromise petition?
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Family Law Querry?
Que.1.Is their any time frame prescribed for High Court to dispose a Divorce Transfer petition filed u/s 24 of CPC from one court to another?
Que.2.If their is no time frame prescribed for disposal of transfer petition in CPC in such a scenario the time taken more than 16months to dispose the Transfer petition be considered in Family Court under Judicial Separation period and pass an Order of Dissolution of marriage?