Rathnakar P V
06 October 2009 at 19:19
Dear Experts of the Forum ,
In case a family uses part of the statement of the Will in HIGH COURT for a compromise petition,and agreed by the COURT; can we treat the will as PROBATED.
Thanking you.
Rajesh Jain
06 October 2009 at 15:15
Dear Legal Expert,
My father left a will dated Feb 2005. He expired in Sep 2005. The will was duly witnessed by 2 witnesses (My father's friend and his son) but was not registered. The Will was disclosed to us by our mother and my Father's witness friend in July/August 2009 in the presence of all beneficiaries. The Will has not been probated so far. As per the Will, all movable Cash / Bank Balances and immovable property has been clearly divided amongst Sons. Daughter gets a share of movable property. However, during the lifetime of my mother, everything belongs to my mother and the legal heirs get to exercise their rights only after the death of my mother. My mother expired in Sep 2009. Now the questions are:
1. What are the steps to effect execution of Will in case of:
a. Will agreed by all legal heirs
b. Not agreed by some legal heirs
2. Is Probate compulsory, even if all legal heirs agree to the Will. What are the steps and costs involved
3. Should we execute a Family Settlement Deed or any other document to ensure written confirmation of all family members
4. How do we get the share of residential property registered in our respective names and what are the steps and costs involved
5. Should we distribute movable Cash/Bank balance etc immediately without waiting for any probate etc or we need to wait for the same
I look forward to hearing from you.
Regards
Rajesh
Mohamed Ali
06 October 2009 at 11:08
As per Sunni Mohameddan law, Oprhaned grandchildren are not entitle for any share in their grand parents property.
In Mullah's book, under 65A section,
He has written some thing on Residuaries, that who are all considered as residuaries.
My question whether Orphaned grandchildren comes under residuaries..or they are completely excluded from inheritance by their surving aunts or uncles...
Bishwajit
05 October 2009 at 17:16
A person (Hindu) is missing since 8 years
According to law he presumed dead
Who have power to declare the person is dead
And who have power to pass a death decree?
Priyanka mehta
05 October 2009 at 13:41
husband has filed petition for divorce under cruelty and desertion. now wife has filed application for maintenance. wife is earning Rs.5000 per month and there is no issue out of marriage and no other liabilities also. and wife never made any attempts for reconciliation and also carrries middle class life style.
can u plz help me with some citations or judgments denying maintenance application of earning wife.
pooja
04 October 2009 at 17:53
hello, this is pooja verma from raipur (c.g.).i want an legal guidance about my maternal uncle resides at nagpur.actuly my mother has claimed on her parental prop. at nagpur since 2.5 yrs. and the decision is underprocess of court.my mother and my uncle is the legalheirs of that prop. ,problem is that since birth my uncle is mently retarded person ,for the intention to his lifelong care his marriage has been done .but my aunt is of differnt nature women she and her 5 children not looking ofter to my uncle .in this situation my mother wants to look after my uncle right now he is 56yr.old ,he could not take his own decision .we want to take him with us for his lifelong care and we are ready to give in writing that we r not interested in his share .now he is very much torchers with their wife and children .is there any legal way for this situation pls give solution bcoz my mother has noone except my uncle and she is very anxios abt. him waiting for reply , thanku
gunjan aggarwal
04 October 2009 at 15:09
i was mrried in nov 2003 and was blessed witha girl child in dec 2004.inspite of very good educated and doing a v good job my wife is suffering from manic depression and the problem is that she is not ready to accept this and does not want to take medicine and never cares for her child and my parents and a unmarried sister have grown the child till now.she left me and my daughter in oct 2007 and start living with her parents.she did not care even for his daughter but was regularly attending her job.at present she is doing two jobs.in aug 2008 she abducted the child directly from school and now i am fighting a guardian battle with her.she leaves the house in 8 am in the morning and comes back by 9 in the night from monday to saturday and after that she is doing another job from his house where she has to dedicate atleast 5 hrs on the laptop.the house of her parents has a boys hostel on two floors and a beauty parlour and a property agent and a computer training shop run by my wifes mother and other tenatns and as such the child is neglected the whole day with no friends and no body to take care with 45 boys living in that house and regular disturbance.since whole day the child is with her nani in beauty parlour she is learing the things at beauty parlour insted of toys and other things to learn required at her age.my wife has denied all this facts and i have submitted all solid photogrpahs and papers and medical papers of her treatment in this regard.i want to ask from u what are my chances to get custody and can i get the visitation rights outside the court since i come to know that the court is only giving visitation rights in court complex and i just dont want the child of such a age to come to court complex since i just want to spent quality time in a good enviroment with my daughter.
ABC.......
03 October 2009 at 23:51
Wife is prof qualified and is earning but she is earning much less than her husband. Can she claim any maintainence or alimony from her husband in case of divorce. If yes, under which act and under which section/ case law. Please advise in detail.
Rajesh
02 October 2009 at 12:50
dear Sir dear freinds
My friend got married to a women who was/is self dependent and 8 years elder to him. She left her government job and was leaving self sufficiant life. My freind got atttracted to her for her self sufficant way of life. They got married. My freind was visitng her on week ends only. This continue for one and half year. during thier comman stay my freind realised they cant live togather and he collapsed mentally and emotionally.
Now he has filed petition for divorce.
The women has filed application for maitainance.
The fact of the case is that that the women, prio to thier marriege was self sufficiant, during their cohabitation at week ends both were spending their own money. When this week end commn stay stopped therafter she is living self sufficant life. This is documented in wife's letter to freinds and relatives and her husband i.e. my freind.
Please help us to fight against her unfair demand of Maintainance. also please supply us information with authority_case laws.
Thanks Happy Gandhi Jayanti to all freinds on Lawyers club. Rajesh Mishra
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Divorce
Hello Sir,
My name is Ananya Mukhopadhaya and i have been married for six years. My husband is cheating on me from one year after marriage but I discovered the same this year in May and confronted him. He promised me to change however again I know he is living in with a women in hyderabad he is posted there and i am living in gurgaon with my parents as my child has some special needs and he is getting intervention done with a doctor and her team of experts.I want to divource my husband we have had a very unstable marriage from the start i got ten abortions and I have two children.He has physically beaten me aswell at two different ocassions.I dont work but my husband is working as a Assistant Vice President with Bank of America and earning 20lakhs per annum and bonus which is twenty percent of 20lakhs. Will I get a Alimony from my husband and what percentage of the total salary.I am worried I have to raise two kids one is 3years and the other is 10months old both boys.I am based out of gurgaon.
Pls help me go thru the process and how much will the process cost me.
Thanks and Regards
Ananya Mukhopadhaya