natasha z
28 February 2011 at 14:57
my question to you is
on the topic of 'ancestral property' and the devolution of the same
under current Hindu Law.
Background of the problem:
There is a Maharashtrian family, living in Maharashtra, with Grandfather G, who has a wife W;
and together they have 2 sons and a daughter, S1, D1, S2. Now S1 has a
son GS1, and D1 has two children, a son, GS2 and daughter GD1. Except
for the daughter and her children, D2, GS2, GD1, everyone else lives
together under the roof of the same dwelling house.
Following is a diagram of the family tree:
G + W
/
S1 - S2 - D1
/ /
GS1 GS2 - GD1
The facts are:
G bought and owned a plot of land P. Then in 2007, G passed
away, is survived by the above mentioned persons.
Now, S1, S2, D1 wish to sell part of he property. However, GS1 does
not want this to happen.
Problem:
1. Basic assumptions-
a) Is this family assumed to be an undivided HUF? Which provision
of the law makes this assumption? What, if any, are the additional
conditions to be fulfilled to qualify as a joint/ undivided HUF?
b) Is plot 'P' considered ancestral property? Does the distinction between Joint family property/ ancestral
property/ and self-acquired property still subsist in the current era?
If so, then what exactly is the difference (beyond their definitions
of course)
2. As far as devolution of property is concerned -
c) Under which law would the devolution of property of the above
mentioned family be governed? Mitakshara customary law or the Hindu
Succession Act, 1956?
d) Thus, does property in the above mentioned case devolve by
survivorship or succession? Who shall be the members of the
coparcenery?
e) What share would W, S1, S2, D1 get? And would GS1, GS2, GD1
have any right/ interest in the above mentioned plot?
3) With regards to rights over the property -
f) Does the property vest solely and completely in W, S1, S2, D1
during their lifetimes? Do they have the absolute right of alienation?
Or do they require the permission/ assent of each coparcener before
any such alienation can be made?
g) If one or more of the survivors mentioned above refuse to give
their ascent to the alienation of (part of) the property, then can
such property be alienated by the ascending parties? If so, does it
result in automatic dissolution of the HUF, with each coparcener
getting his divided share?
h) What right, if any, do the grand children have in the above
mentioned property? Does GS1 have any legitimate right/ say in the
joint family property? If so, then what is the extent and limit of his
right/ interest?
I am rather embarrassed that I do not know the answers to this problem
although I appeared for and passed (with 64%! lol) the Hindu Law
examination in November, 2010. I am confused about whether devolution
of property belonging to this family will be governed by the Hindu
Succession Act or the Mitakshara customary law. Any clarity on this
topic would be most appreciated.
Thank you.
Anonymous
28 February 2011 at 14:55
WIFE BEING JUNIOR ADVOCATE MARRIED TO AN ENGINEER WORKING WITH REPUTED FIRM. HUSBAND HAS TWO YOUNGER WORKING BROTHERS AND WORKING MOTHER. SOON AFTER THE MARRIAGE THE GIL COME TO KNOW THAT THERE IS SOMETHING WRONG WITH HER HUSBAND, AS HE NOT CONSUMMATED THE MARRIAGE. BOY ALREADY HAD BROKEN ENGAGEMENT JUST FEW DAYS PRIOR TO MARRIAGE CEREMONY BY INSTIGATING THE PREVIOUS GIRL. BOY DENIED THAT HE IS PHYSICALLY UNFIT AND HE DISLIKES HER. THEN WIFE FILED FOR DIVORCE PETITION, DURING THE PENDENCY OF LITIGATION AND INJUNCTION ORDER HUSBAND SOLD THE FLAT IN WHICH SHE WAS RESIDING WHICH WAS IN HUSBAND'S NAME. 1. CAN U SALE MATRIMONIAL HOUSE DURING PENDENCY OF LITIGATION? DOES THAT AMOUNT TO CONTEMPT 2. BEING LAWYER BY PROFESSION TO WHAT EXTEND COURT WILL BE BIASED AGAINST THE GIRL?
3. PRACTICALLY SPEAKING WILL SHE GET HER BELONGINGS INTACT OR AS BROKEN? 4. ALIMONY SHE WILL GET OR MAINTENANCE SHE WILL GET (AS PER LOWER COURT'S) PRACTICE?. 5. WHAT PRACTICAL ISSUES INVOLVED IN PROVING IMPOTENCY?
Atish
28 February 2011 at 14:52
Hello,
I am going through a divorce case. My lawyer of 5 years and a family friend too has filed the case against me for my wife. He knows all my asset and bank details and has made her leave the house after filing the petition.
Is a lwyer who has been only my lawyer for 5 yaers and then I had discontinued his services for reasons act as my wife's lawyer. We are telling the court to step down as he would be a prime witness too.
Besides that as mentioned he was my lawyer for 5 years.
Can he fight the case against me for the petitioner who is my wife.If not then what is the section no. and and under which law which states that he cannot represent my wife. Also if it is so then where would I be able to find the case laws for it to present to the court.
Regards
Atish
Devang Mistry
28 February 2011 at 14:44
My brother died without any issue & we are four sisters. Out of four sister, one have no issue, two have one son & elder one - my self have two sons. My brother was a well known Advocate and he has executed will which original was destroyed by one of my sister & her son who was working with my brother. He has prepared fake will with the help of his relative Civil Advocate & misappropreated all the properties/Investments in NSC/KVPs/Shares. He neither showing original will/duplicate also nor any legal documents. He has connection with criminals also. Even after two years from date of death of my brother, he is transfering the funds abroad. Please guide me.
Anonymous
28 February 2011 at 14:20
Message : I male had applied for divorce at lower court before that I also applied for conjugal Rights nearly 1 and half year, she is not ready to join, after that I applied for divorce then she didn't come to court. She made a stay at high court for divorce case. And other side she also made a case womens domestic violence act. I want to say that please give me advice that 1. How long would take for stay at high court(its already completed one year) 2. she had made a case womens domestic violence act which is false, So what should I must do? 3. I had male child 9 years should I put another case, can I get my child back
Atmik
28 February 2011 at 14:17
Hi,
I belong to Scheduled Caste ( Hindu-Vankar) in Gujarat State.
I got married as per caste laws in Surat ( Girl's home town) in Nov 2003. After staying together for 3 months we divorced mutually in May-2009 as per caste laws in presence of Caste Panchayat. The papers are signed on 100 Rs. stamp paper and the copy is notorised.
I recently applied for passport renewal and I am told by officer there that I need to get it stamped by Sub-registrar.
Subsequently I am told by a lawyer that in Hindu-Vankar ( Scheduled caste) it is not required to get it signed by sub-registrar. There is a clause that legalizes divorce on stamp paper.
Is it TRUE that I do not have to get it signed/stamped by sub registrar?
What is the clause that makes the divorce on stamp paper legal?
Thanks in advance for your help.
Anonymous
28 February 2011 at 13:30
How many months it is typically taken for a father to take child(13 years) custody in family courts of AP.
Parents are in process of divorce,is expected in couple of months?
vanitha
28 February 2011 at 10:52
My brother divorce case was contested and obtained the degree in Jan 2011. We also received the Divorce Degree from the family court. But he filed caveat at high court by giving present address.
In case if my brother get remarry legally during March 2011 before his wife file an appeal in high court, will he face any criminal action / bigamy case on him.
Manish Raj Verma
28 February 2011 at 10:42
Can the husband's father, file a divorce petition against wife (daughter in law of father) ( U/s. 13 and/or 13/b, in the family court, for/on behalf of power of attorney, (issued by the son, in favour of his father), as the husband is residing in foreign country. and the husband and wife are desirous of taking divorce.
kindly suggest me.
also tell me about some apex court ruilings in this regard.
Thanks,
Manish, Advocate
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Filling of Affidavit
In reply to petition of Matrimonial case dated 10/08/2010, I have filled my written statement on 19/11/2010. On Next hearing i.e. 04/12/2010 petitioner has changed her advocate and filled new Vakilat Patrak (VP). There after next hearings were on 29/01/2011 and 24/02/2011 in which issues to be framed. Now next hearing is on 11/03/2011.
Till 24/02/2011 they have not filled any written statement / affidavit after my affidavit and now they want to file the same. On 11/03/2011 almost 98 days are getting over.
So can they file affidavit on 11/03/2011 and is it valid, as 90 days are getting over? Can I object the affidavit filled after 90 days? What her advocate was doing till 90 days? she has sufficient time to prepare and file affidavit.