Maintenance of aged parents

My friend who is aged 60 years and his wife aged 51 (both have no income or properties) are living with their eldest son since 2003. Suddenly, last month, the boy threatened them to move out of the house lest he will throw their belongings out, under the influence of his wife who wants to get rid of them. Since then they are ill-treating the parents. The boy has a own flat and is also a owner of another posh flat. He works in a IT company earning around Rs.85,000/-. The second boy who lives abroad is sending Rs. 10000/- for his parents livelihood and medical expenses of the mother. The mother has osteoporasis and is spending around 4500 from the amount for medical expenses. In the circumstances, if they move out of the house, can they claim maintenance from the elder boy? My friend wants legal opinion on the above. Can you help him? Regards.

Releasing right in HUF property

Hi

My father had purchased the flat in Mumbai. He expired in 1975 and loan against the flat was settled through his PF/Gratuaty settlement.

Few years back we signed affedevit, so that share certificate can be transferred in our mother's name.

Now I want to release my right in favour of my sister. She will pay some amount for the same.

We want to do this in such a way that till my mother is alive she would have the right on the flat where she is staying and after her my sister would get the complete right over the flat.

Also can I show the amount I am receiving as HUF property/right sell and get the tax exemption?

regards

Sachin

matrimonial dispute

dear sir/madam, i am neeraj kumar just want your expert opinion that my releative is having dispute with her wife in which the girl is at her father's house since last 6 and half year. she has also done dowery case(406-498) & we have also got dismissal of our divorce application from disst court & admitted to high court. the girl gives the statement that she wants to live together in the court & but does not say outside the court,and in this the boy is not willing to live with her. what should we do to have divorce.

divorce under mutual consent

i was married in 1989 and after 1999 i am staying seperate along with my parents. since last 10 yrs of seperation with my wife and the case already filed since last 9+ yrs. we both have already agreed for mutual divorce in april 2009. but we are find that the regular due court procees is very time consuming and confusing as since last 6 month no proper approach for immediate settlement procedure is observed by us.

i want to know that is there any effective procedure or out of court settlement which will allow us decree in reasonable short period of say 1 month or less.

please guide us, we will be highly obligued

Not appearing for counselling in Divorce Case

My wife filed for Divorce and me for RCR in Family Court, and both cases have been posted for counselling on same date. I was absent for first two counselling dates but counselling again posted for november. What she can do if I countinously absent for more than three counselling sessions? Can she ask the court to get the counselling phase cancelled and proceed to trial? As I already filed for RCR, is it possible for me to tell the court that I'm not interested in counselling and so move to trial phase? Can court take any decision without trial just because i'm not appearing for counselling? Actually now i'm not interested/ready for counselling but want to proceed the case to decide the matter on merit. So, what should I do? please help.

Love before marriage.

Respected Seniors,

A Boy and Girl fall in love and both are enjoying from 2 years with physically and sexually. Now that Girl ready to marry another person without just and reasonable cause.
That Boy is still wants her and disturbed mentally and he is under treatment for mental shok and he also loss his bright carrier.

In the above circumstances what is the remedy available to that boy. What is the procedure to stop the marriage to be performed by that Girl with another person.

Thanking You Sir in Advance.

reconciliation through video conference

sirs,
The Hon'ble Family court at Sec'bad had rejected the request of recociliation through video conference.Aggrieved by this the petitioner moved the Hon'ble High Court,but the High court also dismissed the case and asked the petitioner to present himself for reconciliation.Now the learned counsel for the petitioner has asked for adjournment and wants to proceed to the Apex Court at New Delhi.As a matter of fact,the petitioner is being represented by GPA,who happens to be his own brother.The main petitioner as I told you earlier he stays in US.Can a GPA take initiation of filing cases in matrimonial matters.The actual culprit is the GPA only.I would appreciate if any of our experts answers to this.Finally, I would like to ask as to what the Apex Court's decision would be?

Thanks everybody,
with regards,
premkumar

senior citizen property protection

Sir , with due respect I want to show the truth of justice in our country without any hesitation I can show you the darkness of judicial system of our state. Despite of several laws’ provisions for the senior citizen a 75 yr old widow having a mother of 7 children and house of her own is struggling for shelter. She is forced to The lawyer son and daughter in law threatening her to give their share from the property that she is having as a house of her own. that is the only asset to live in. The daughter in law threaten her to book in dowry case and the son is a drunken on the top she/he use slang language and abuse her to the possible they can for the last 15 yrs. she could not tolerate the abuse and took shelter of the law. she went to the mahila commission and child and women development commission to get help from them. Honorable director of wcds mrs usha padhi gave a bunch of hope and suggest to file a domestic violence case against her son and appointed a protection officer .Due to the negligence of the protection officer it took 2months to file the case. There after the protection officer suggested appointing an advocate so that he look after the case properly. Unfortunately within this neglected period the lawyer son filed a case of partition and injunction suite. as he is a advocate by profession he hired the advocate easily and got the order in his favor. The judgement order is a Xerox copy of the response ……..
Civil cases in our country take years to settle which is known to everyone. S o the mother is no where now she has to fight for the fake case to proof her own properties which authenticate her ownership on document. Till the case is not finalized she could not stay at her own house in this situation. Because she is having hyper tension diabetes she could not tolerate the situation and could not call the police too. doctor advised her not to take any risk by un necessary tensions. With limited pension money which is not even sufficient to manage daily expenditure she has to fight for justice by paying money to the advocates.

As a senior citizen if children starts making nuisance for property does she not have any rights to deprived the way ward child from her property ?At the age of 75 does she not have get the justice asap so that she can enjoy rest of her life in a peaceful manner ?

Point to be noted the honorable judge given the judgment without considering a 75 yr senior citizen .If a person is a lawyer then it seems that the judicial system is a playground for him. The person attends the court in a drunken condition in day light.

DVA has got a separate value and hope for a women. Where the old lady will go? There are lot of articles come for social revolution in this topic. But unfortunately only planning and discussions in use nothing comes out of it. the 75 yr old widow suffers for 15 yrs despite of taking all socio economical burden of the drunkard son and his family. There is no protection for the old lady. The judgment only safeguards the drunkard lawyer.

If in our society the people like the drunkard lawyer starts abusing old parents for property matter then god knows where the parents will go. Like this 1000s of parents facing similar kind of problem and suffers till the end of there life time. This will encourage such nuisance in society if not given proper attention by police or judicial system.
I pray for justice that my mother should not lose her rights on her own property. We as civilians should protect our old parent’s interest so that they should not be harassed or abused by anybody in the last lap of their life.
I need solution for this problem.
what should i do now.

hello frds can i expect some help frm yr side

hindu Succession ACt

Can anybody help me to clear the concept fo hindu joint family.
In respect of ancestra proerty devolution by will and partition. What is the effect of the got married and made partition after and before amendment carried out 2005.

pls let me know the case laws relating to the same.