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Anonymous   22 July 2010 at 09:59

Partition decree to be executed by Trial Court


Sir,

In my partition suit High Court has passed decree in my favour in my mother's property between our family members. Myself, my father and my sister final decree to be executed by the Trial Court. My sister has appealed to the Supreme Court but the Hon'ble Supreme Court dismissed her appeal.

Now can I proceed for Trial Court for passing the High Court decree for claiming my share in the property. Please will you sir, tell me what are the procedures for filing for final decree to be passed in the Lower Court (Trial Court). Whether my sister to stop me from claiming my property institute any other cases against me ?

Please kindly advise I will be grateful for your advise.

Thanking you,

M.S.N.

Anonymous   21 July 2010 at 22:45

Rights of husband

Myself and my wife are not living together for past 4 months. Can I go to her house and insist that I would stay there until they come up with some decision. For past 4 months they are neither saying YES or NO to any of our queries and always keep us guessing. Can I do that ? Will it cause any legal problem for me..No violence intended... just a kind of protest to keep things going..

Anonymous   21 July 2010 at 21:26

D.V.ACT 2005

1.IS MARRIED SISTER-IN-LAW & HER HUSBAND
ARE ENTITLED TO FACE THE PROCEEDINGS U/S,12 OF D.V.ACT IF THE ALLEGATIONS AS ALLEGED BY THE AGGRIEVED COROBORATED IN DOMESTIC INCIDENT REPORT (DIR) IN CASE?
IF YES PLEASE CLARIFY/MENTION CITATION.
sibasish pattanayak,advocate,
e-mail : sibasish_adv@yahoo.co.in
Cell: 09874854594 / 09477090999.

amol   21 July 2010 at 15:20

HUF and Joint Hindu Family

Is there any difference between the Hindu Undivided Family and Joint Hindu Family.
To my knowledge HUF in not known in Hindu Law and is a concept developed only under Indian Income Tax Act, 1961.

Anonymous   21 July 2010 at 14:22

What are the processes involved to claim dues u/s 125 Cr.P.C

Que.1.Dear Experts please put through in sequence, What are the Legal processes involved to claim dues u/s 125 Cr.P.C from defaulting Husband?

Anonymous   21 July 2010 at 11:17

joint ownership of DDA residential flat

Mrs. X and Mr. Y are husband and wife, and are joint owner of their residential flat. This flat is their self acquired property. Both have 4 children - two sons and two daughter.

Mr. Y died without making a Will in anyone's favour. Now what is the status of Mr. Y share , as the nature of the ownership of flat is joint ownership.
My Query is --
A) What mechanism will decide Mr. Y share, in absence of any agreement?
B) Will the flat devolve upon the other owner who is the wife of Mr. Y, automatically?
C) Will that share of Mr. Y in the joint ownership devolve upon the all legal heirs of Mr. Y?
D) Mrs. X wants that the flat should be transfered to the two sons of Mr. Y only, excluding the two daughter, Can she do that?

Anonymous   21 July 2010 at 10:49

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Anonymous   21 July 2010 at 00:06

Property division in case of divorce

Dear Experts
Wife is not joining even after RCR notice.. I have have a house in joint name, but all money is paid by me only, still have half bank loan on my name . We don’t have any kid. If divorce happens what will happen to my house. How much I loose..

kanishka singha   20 July 2010 at 14:12

civil marriage ceremony between christians

my fiance is a catholic christian from goa and i am a protestant christian from north india. We wish to get married in a church in goa as that is her home state.
according to the catholic church rules, one NEEDS a civil marriage certificate before we can solemnize the ceremony in a goan church.

however, i want the civil ceremony to happen in gurgaon ,haryana as it is my home state and so that my handicapped father can atttend the ceremony.

the district commisioner has refused us this marriage as he says we have to get married only in a church

under what act can we get a civil certification of marriage in gurgaon and at the same time comply by the church by-laws in goa?

thank you for your help

regards
kanishka

shashi   20 July 2010 at 13:06

right in ancestral property

my father who died in apr2000,was having two wives.first marriage was done in 1960 while second one in 1973.he was having one daughter from first one and from second one two son & two daughter.All were living happily.
1. After a gap of 22 years, first wife filed a court case for property and all reirements benefits in 1995.
she was given half of property only. In place of retirements benifits family pension was given.
2. Now the case is in High court. I am the son from second marriage and want to know the effect of SC verdict on 26 may2010 about ancestral property right.
NOTE-All property are ancestral
All family members(uncles&villagers)had given court appearance about the consent of first wife regarding second marriage.
Is full share will go to her(grand parents are no more and property is with me)