Anonymous
02 January 2011 at 18:31
Respected Experts,
Pl accept my New year’s greeting !!!
My Grandfather has made ‘Will” in Dec’2002 but not registered. Grandfather passed away in Apr 2003.
I want to execute that will now (i.e in 2011) . I have following queries,
1.Is not registered will valid ?
2.Is probate mandatory to execute will ?
3.Do Executers & witness are required again at the time probate in Court ?
4.From which court probate is required to be taken as ‘Will’ is made in one district & property is in another district ?
5.Does delay of 7 years from date of Grandfather’s demise & actual execution make any problem ?
With best regards,
Anonymous
02 January 2011 at 15:34
Dear sir,
This is S P Goel, from Delhi 9810101999, my wife lodged a petition in Karkardooma court under Domestic Violence Act, and demanding Rs 45 lacs and Rs 15000 per month, my monthly income is Rs 8000 from Interest, I am unemployed, house is in my name, judge advised me not to sell in first hearing. My elder son lives separate in Delhi , in ICICI bank Rs 18 lacs pa , earlier he was helping, she left house on 20.10.2010 younger son is a student.
Please advise sir
thanks
s p goel, Delhi
9810101999
Anonymous
01 January 2011 at 21:02
SIR IS DESCRIPTION OF PROPERTY IS MANDATORY FOR RELEASE DEED MADE IN BETWEEN FAMILY MEMBERS?
I HAVE REGISTERED RELEASE DEED IN GENERAL FOR "ALL MOVABLE AND IMMOVABLE PROPERTIES" FROM MY SISTERS 15 YEARS BEFORE WITH OUT MENTIONING ANY SPECIFIC DESCRIPTION OF PROPERTY.
SO FOR NO ISSUES HAS RAISED.
IS THE DOCUMENT IS VALID?
C.V.APPA RAO
01 January 2011 at 10:44
WHAT LAWS OUR CONSTITUTION/IPC/CIVIL LAWS HAVE WITH REGARD TO TAKING CARE OF OLD AGED PARENTS.
PARENTS TAKE CARE OF THEIR KIDS AS THEY GIVE BIRTH TO THEM.
**FOR CHILDREN,ITS THEIR BIRTH RIGHT AND COMPELL THE PARENTS TO PROVIDE COMPENSATION AND OTHER ASSISTANCES FOR THEIR LIVELIHOOD THROUGH LEGAL WAYS,IN CASE THE PARENTS REFUSE TO BRING THEM UP AFTER GIVING THEM BIRTH...
** SIMILARLY, WHETHER THERE IS ANY PROVISION TO PUNISH THE CHILDREN,IF THEY REFUSE TO TAKE CARE OF THEIR OLD AGED PARENTS,WHO BROUGHT THEM UP AND MADE THEM BIG.
masilamani.r
31 December 2010 at 21:40
My father expired in 1979,leaving behind agri lands,both self acquired as well as ancestrol,without any will.My mother expired in 2002.Only in March 2010,myselh,my brother and four sisters (toally 6 childs of my father)partitioned the property,by executing a partition deed,by allocating very small portion of the said properties to my sisters.Now one of my sisters son claims that he has right over the properties left behind by my fsther,saying that his mother was cheated by not equally dividing the property and that as major grand child of my father he has rights .All the grand childs (numbering 10) are majors and we have not obtained their consent for partition.Is his claim is correct?Can he file suit for his portion of properties?Is there any law of limitation,if his claim is correct?
Anonymous
31 December 2010 at 18:22
SIR WE HAVE BEEN MARRIED FOR MORE THAN 8 YEARS. MY WIFE FILE 3R CASE AGAINST ME AND MY MOTHER. SHE IS NOT AT ALL READY TO LISTEN. SHE FEELS I AM BAD. BUT SHE DOESN'T WANT TO GIVE DIVORCE.SHE IS LISTENING TO HER PARENTS AND FINDING FAULT AT EVERYTHING. ALSO SHE IS HAVING AFFAIR.BUT I DON'T HAVE any proof. she doesnt allow me to stay with her.After discussing with elders , i went and stay with her. after few months...she started fighting and forced me to vacating the house by making complaint to the police.
She is acting as if she is good and am bad..she is not ready to discuss and solve the problem. if any asks about our problem, she will keep blaming for hours,but she will not take any decision. She is trying to make others believe that i am bad and she is good.But her intention is not to either live with me or divorce me.
i tried everything....including counseling...where ever we go...she simply blames and want to live separately. this is happening for several years.she is taking advantage of my sufferings and taking revenge....
even police advised me not to stay with her and told me to marry some one.
i ma struggling a lot...... i tried everything....nothing worked out.
after fling case , she was telling me , if u had vacated the house, i wouldn't have filed case.
her intention is that she does want to live with me and not ready for divorce.she is saying everyone whoever asks that i am bad but she needs husband. but i lost job 2 times because of her and suffering due to loneliness.
She is happy even if i die. but she will not take any decision and will live like this.
Who ever asks her she will cry and make them believe that i am the worst person in the world..
struggling a lot.....please help me sir....
one case is pending against me...
I don't know how to approach...
please help me sir..
Anonymous
31 December 2010 at 17:47
1-wife is not ready to live with husband,
2-wife filed CASES(506A ETC)/
3-wife not ready to discuss to solve the problem.
4- Simply insulting her husband by listening to her mother
this problem has been for 4 years.
5 wife doesn't allow husband touch whenever they r together.
How husband can live?...is there any way to get rid off this problem?...
Can husband marry without any proof. because law needs only evidence?
She is smart...When ever we stayed together, we had a fight.Since it is a family problem we thought of not approaching police..but she consulted lawyer and did all arrangements to show that we are a wrong.
We are innocent like.in out village side husband and wife fight very often. then they will join....we also took this problem like that.
But she is approaching in different way...like filing case ...she filed case first woman police station and then she transferred to normal police station. She is already prepared....that is why we are afraid....
tohought of going for second marriage with out approaching police/court....i ma already 38 . if i fight by the time i get marriage i will be above 40. that is why i want to marry.Otherwise i go for living together policy...
please advice me
No sir, i am not the one who filed under the heading of Buddhist. i also read that. i used the same format to explain about my problem.
please suggest me sir
Anonymous
31 December 2010 at 15:04
Iam suffering alot, i have been deserted from my matrimonial house by my mother in law,she controls my husband as well. i have called my husband several times, sent him letters and emails but my mother in law have strictly ordered my husband not to pick my calls or reply my emails etc, she has ill treated me alot. I don't want to file RCR, as this whole case is about my mother in law and her negative intensions. She has influenced her son to leave me, so its impossible that she will allow us to live happily. My brother in law was supportive initially but now he has also gone agianst and doesnt take my calls, dosn't talk to my parents.we are trying for reconcilation but their whole family want just divorce, and wants my husband to remarry.
I have no proofs against my brother in law, except the fact that he is rude and doesn't take my or my family's calls, and wants just divorce.
So i want to file a case now, but which will be suitable , MIL case or Protection against domestic violence. ??
Anonymous
31 December 2010 at 14:14
1-wife is not ready to live with husband,
2-wife filed 498a, d.v. maintenance act,
3-wife not appearing in 498a evidence stage,
4-husband filed child custody,
5-wife is not ready to give child as the child is only remedy to get maintenance,
6-no divorce matter still two years have ended during litigation,
7-both belong to budhist community,
8-both are not interested to each other life but only litigation are going on in court matter,
9-court does not have any interest in case only dates are being followed, but husband side is still suffering for money loss, travel pain, prestige loss,
is it possible to both to get married without taking divorce?
lawyer said divorce will not be granted at least 1-2 years but depends on other party appeal in higher court if passed by lower court,
what a man can do if wife challenge the divorce petition of husband to deny the divorce but not willing to live with husband?
is in our india there any law to file recovery suit for such kind of duties of wife where she is not obligating on her own part? on the side of husband?
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PWDV
Iam very confused, its 7 months of my marriage,just after a month of marriage my inlaws deserted me saying iam not compatible to their son etc,actually my inlaws specially mother in law wants my husband to leave,she doesn't like me studying,and has mentally tortured me alot. now iam living with my parents but constantly from last 3 months iam trying to reconcile with my husband but my mother in law is not allowing my husband or any relative to speak to me or attend my call. Iam unable to understand their intension because till now they have not filed and divorce case against me,but they are insisting me for mutual divorce, iam not reday for divorce at all beacuse i have no fault. I don't want to file RCR because my mother in law won't allow me and my husband to live happily in the same house.My mother in law has ordered everyone i family not to attend my calls, so all means of communication havebeen stopped by her and iam badly suffering. Due to mental tensions i have fall sick,which is hampering me physically. Because already i have tried a lot for reconciliation ,and i have all the proofs.
Now iam confused, If i file PWDV against my inlaws then what will be consequenses.
1) If i file a PWDV, what will happen i mean how court proceeds with such cases, basically what happens, i mean my inlaws will be called for summons, but what happens after that, will that help my marriage, save my marriage ?????
2) will i get the opportunity to reconcile or mediation through court ??????
3) My mother in law is not allowing me to talk to any member of their family, and specially my husband, iam not allowed to speak to him,he is scared of his mother and doesn't take my calls aswell. My inlaws want my husband to remarry.My inlaws have thrown me out of their house,are not ready to reconcile,have inflicted false alligations on me without any proof. So can i use these reasons to file PWDV ???