Anonymous
27 August 2010 at 09:47
Sir,
While filing the partition suit I have not mentioned in the plaint the rate of mesne profit and the amount to be claimed from mesne profit. The Hon'ble court awarded mesne profit in the judgement but did not mentioned the rate at which mesne profit can be claimed. The decree was passed granting 2/3rd share to me and 1/3rd share to my sister. Before filing the suit my sister was occupying the whole open land and house. The suit was filed in 1997.
Now how is the mesne profit calculated or at what rate What is the criteria for calculating the mesne profit. What method is adopted in case it is not mentioned in the plaint. My right to claim mesne profit is forfeited If I have not mentioned in the plaint specifically. I prayed for any other relief the Hon'ble court may deems fit. The court has decree the order for mesne profit.
Can I claim mesne profit and at what rate I should claim mesne profit while filing for mesne profit.
Please advise me. I will be grateful for your valuable suggestions.
Thanking you,
Yours faithfully,
M.S.N.
siranjeet
27 August 2010 at 08:09
my friend married in 2000 & his wife is govt. teacher & has 6 year old son. they got seperated in year 2007 as his wife deserted him & start living with her parents along with her son by got herself transferred to her parental town .my friend filed a case under section 9 of HMA in year 2008 in district court.The summons were served through all channels as per law .Firstly through court messanger & he commented that no such girl is residing at this given address.Secondly through registered post at her official address from where she refused to receive summons from postman .Thirdly court notice was published in daily regd newspaper & The court awarded him ex-parte decree of section 9 of HMA IN SEPT. 2009.Her wife wants neither to divorce him nor to join his company.He applied for execution of decree of section 9,.this time She received the registered summons of execution of section 9 of HMA ON THE SAME ADDRESS from where court messanger commented that no such girl is residing at this given address. After receiving the summons to prolong the court proceeding ,she filed a case to set-aside the exparte decree of section 9 on grounds of ignorance about this case with a plea that she never refused registered summons &never received any summons through court messanger ¬ read the court notice published daily newspaper as no circulation in her locality.
now my query is
1) Can my friend file a case of divorce now in sept.2010 after the completion of one year of ex-parte decree of section 9 while case of set- aside the exparte decree of section 9 of HMA is pending in court.
Adv. Deepak
26 August 2010 at 22:57
Respected Members,
Can a child below 18 yrs. claim rights in the property held by his mother? The property mother has acquired from her father. It is in her full custody and she is in a position to dispose it off. Can her son restrain her from selling it out by way of injunction or by any other way? The child is living with his father who is earning good income. His father and mother are living separately for more than 2 years. The interest of the child is to restrain his mother from selling it out. Please help.
suryapal singh chouhan
26 August 2010 at 18:19
is it a ground that the girl is suffering from some mental disease prior to marriage and undergone for treatment.? can husband file petition to declare the marriage null and void on this ground?
suryapal singh chouhan
26 August 2010 at 17:55
it is a settled position of law that family arrangement or memorandum of family arrangement does not require comulsory ragistration, but how can we conclude that this is a family arrangement not require ragistration or this is a partition deed require ragistration.
Anonymous
26 August 2010 at 16:53
My grand father (mother's father) has an agricultural property with a house, out-house, garden, etc located in North Kanara dist. of Karnataka. He died intestate in the year 1951. His wife also died in the year 1983.
My grandfather had 4 daughters and 4 sons. Out of 8 children, 3 brothers and 2 sisters have died, one of them is my mother. There is only 1 surviving son and 2 daughters.
We are in the process of selling the above mentioned property. The surviving son claims that since the property was coparcenary, and hence it was devolved amongst the 4 sons. The daughters did not have any right to claim share in the property. He says that father had died in 1951 and the Hindu succession act came into effect in 1956 and hence the succession is by coparcenary act. I understand that Hindu succession act 1956 was amended in the year 2004 wherein the daughters have equal share in the coparcenary property. With this amended act of 2004, can you please confirm/clarify if the daughters ( one of them is my mother who is dead)will have a share in the property.? We are 2 brothers. Since my mother is dead, can we become one of the legal heirs of the said property.
tejas shah
26 August 2010 at 15:47
My Uncle (father's elder brother) was died three years before. He has a residential flat at Sangli. my Aunty i.e. his wife got married with another person now i want to ask that is she has any right to claim that flat & what we can do to stop her by selling that flat and how we should recover that flat from her. He has no child. please give me right suggestions as early as possible.
my cell No. 9322193153
Anonymous
26 August 2010 at 14:41
Sirs,
One of our employee has died while in service. He has nominated his wife as to receive his terminal dues in P.F., Gratuity etc.
Now the deceased's mother & father are raising dispute that they are entitled to share of final settlement of the deceased.
The widow of deceased has produced 'Proper Person Certificate' issued by Tahsildar that she & 2 minor sons are the family members. The parents of the deceased were pre-deceased to him.
The Tahsildar declared the widow as Proper Person to receive Salary and all other benefits from the Company.
Members are requested to kindly clarify:
a) based on the Proper Person Certificate issued by Tahsildar, can we settle all the final settlements (since the deceased nominated the widow) to the widow of the deceased ?
b) whether we should insist succession certificate issued by competent court ?
c) whether we can be dragged into litigation by the parents of the deceased?
kindly guide the course of action we should follow.
Thanks.
Anonymous
26 August 2010 at 14:10
hello friends, My friends husband has filed a divorce petition against her in mumbai, and now it has come to the counceling stage and this is the first time, what wil happen if she is unable to attend the same, wil she get another date . pls advice the best possible way out as he is not keeping well.
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whether wife is entitled for maintenance and custody
Seven year before the marriage was solemnized and they are having 6 yrs daughter and 7 yrs son. Husband is drawing 10,000/- and wife 30,000/-. Now due to some dispute she wants Divorce. ANd i want to know that whether she is entitled for maintenance and custody of the childrens though she is drawing more salary then husband.