Anonymous
28 June 2010 at 02:36
I'm seeking advise on behalf of a friend whose mother has passed away and left a will making him the only heir of a property in Kolkata. My friend's sister wasn't included in her mothers will. (the relationship between mother and daughter was not good) But now she is asking for 50% of the inheritance claiming that being the daughter it is her right and in case my friend doesn't agree she wants to contest the will.
What does the Indian law say in that concern? What are the chances that she will suceed with her claim?
Thank you for your help.
Anonymous
27 June 2010 at 23:03
I'm married in a joint family.My husband has 2 brothers,one elder and one younger.We live in a complex where we have residential house and 2 factories.The land of residential as well as that of the factory is in the name of my father-in-law.My husband is a 1/3rd partner in one of the factories,the 2/3rd partners being the other brothers.Nowthe elder brother fabricated a 30 year bogus lease in his name and snatched the factory from my husband.As a result my husband has no income and dependent on my father-in-law.A case is pending in the court for the same.Couple of years back my father-in-law and the 2 brothers came together against my husband,myself and my daughter.They are threatning to turn out my family from the home.To mention,my husband is around 48 yrs and has been staying in this house since birth.I married 25 yrs back and since then has been staying in this home.My father-in-law is a popular politician and very influential person.My husband is a heart patient.My father-in-law is threatning us to take our belongings and leave house or else he will get my family eliminated.As a result of this threat,my mother wrote a complaint to the ssp regarding the safety of my family.We have a common kitchen.My query is can my father-in-law turn my family out of house or can he stop our eating food from the joint kitchen?My father-in-law has even stopped giving school fee for my daughter who is a brilliant student.Since last month,my mother has been sending me money to meet our daily expenses.It is not possible for her to send money to us every month as she is living on a family pension herself.And to mention,my father-in-law is around 80 years old but still has everything in his control.Very dominating and even a characteless person.He married again at the age of 70 after my mother-in-law expired.please advice.The house where we stay is in the name of father-in-law and is his self acquired property.Can he turn me,my husband and my daughter out of the house?
Anonymous
27 June 2010 at 22:39
Respected Legal Expert,
My divorce petition is pending in the court and the Ld.Judge gave us 6 Month time for divorce.Till now 6 months not ended yet and Divorce is not final and my husband married to another lady.Will you please guide me what should I do now.Can he marry to another womer when the divorce petition is pending
Anonymous
27 June 2010 at 20:32
what is d rcr trail procedure step by step?
Ravi Shanker Bajpai
27 June 2010 at 18:37
Sir,
I got marrird in Dec2004 and due to some unavoidable reason living seprately since Oct06.We filed a joint petiton in lucknow
on 16Dec08 under Sec13B Hindu marriage act.After six months they came with new pretence and date were extended three times and finally they withdrawn consent on 03Nov09. As a result honourable court had rejected the case in May2010.
Sir my wife has sucidal tendecy and she commited sucide three times in her parental house n also were under treatment.
In her last attempt she lost her right hand in Oct06.I tried to resolve the issue but all in vain that's why we go for mutual consent Now they are harrasing and putting me in a situation where i can not make a balance in my ife.
Kindly help me
Seshagiri Viswanatha Rao
27 June 2010 at 11:45
Kindly indicate whether the Public Notary and Advocate appointed by Government is empowered to issue legal heir notarised certificate Also indicate Notary opinion can be obtained prior to purchase/sale of any immovable properties
Thanks
S V Rao
Anonymous
27 June 2010 at 11:04
Dear Sir,
my niece was married in Jne 2005 at Hyderabad under Hindu traditional marriage,arranged marriage.within one month from marriage the husband left for USA on an Assignment.The wife who was also employed well for four years resigned her job in India and joined her husband there in USa in October 2005.But their married life was not smooth.She seperated from him within six months and took up a job in another city in USa lived seperately till March 2008.She
came back to live with him at his request.But things did not work out so she moved out to live seperately from him in June 2008 and has been living in USa even now seperated from her husband.In the mean time she also obtained her H1 Visa to live and work in USa.Her husband's efforts to get H1 visa did not succeed and hence had to return back to India in November,2008 and has never vidted her till now.Since the couple lived for few days in the house built there in Bangalore,the couple had filed a Divorce petition on Mutual consent at Bangalore Family court way back in April,2009.The girl has visa problem,plus loosing her current job ,if she is waay from USa for more than two weeks,plus her employer is processing her case for a green card and she cannot leave USa for next 8 months till her application is cleated.She has only her mother who is a widow.She has given me Power of attorney to represent her case in the Family court at Bangalore notarised by USa people.Though the case has been coming for hearing every month in Bangalore family ,the judge is insisting on the personal appearance of the girl at the court,inspite of our trying to tell the judge the difficulties for her appearance.We tried to tell the judge that we can arrange for a vedeo conferencing through Web cam ,by bringing in our Laptop,with web camera and Wireless internet to the court for the judge to record the evidence.But he refuses and insists on her appearance.
In the absence of divorce the girl has been paying double income tax in USa including for her husband who is not there under US Tax law,plus she cannot acquire any property in USa till her divorce as her husband can have claim in it as per USa law.
It is more than one year that we filed the divorce petition and more than two years that the couple are seperated.What is the best method to get the problem resoved at the earliest without the girl having to come here to India for giving personal evidence.
Kindly clarify.Thanking you
Swaminathan.K.
G. ARAVINTHAN
27 June 2010 at 06:23
I know that the order passed in H.M.O.P by family Court is to be challenged by filing C.M.A before High Court.
I know that the order passed in Maintenance Case by family Court is to be challenged by filing Criminal Revision before High Court.
What is the procedure to file challenge the common order passed in divorce application and maintenance case, which was tried together?
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husband left to Us witout informing me
My husband deserted me and flew to US after 6 months of marriage.and i filed a DV case against my inlaws and my husband.My inlaws are not attending for the hearings and produced medical certificate and high court stay order.I am fine with it,but How can i send the court summons to US?My husband is not at the previous address(america).He changed his phone number too. How to trace his address. Can i send the summons to his previous address/office address by writing his Social security number on top of the registered post cover?
Please suggest me the best option in detail.I called up the embassy and they said they are not responsible for tracing out as it is a personal issue.All i know his work details and SSN details.Will it help? Poor my lawyer doesnt know anything about US procedures.So please help me.Waiting for your reply.Attached my husbands earnings summary,where you have all the details.