Aravind
03 August 2009 at 19:04
My elder brother was brought up by my paternal aunt(My fathers sister and her husband)as they do not have children for almost 15 yrs in their married life.
They took my brother when he was in the age of 3 yrs and brought him up till his marriage. Almost after 10 yrs of growing my brother my aunt was blessed with 2 male children. After getting their children they kept my brother aside and even they didn't give him proper education also. As he was accustomed to that environment he was unable to come back to my parents also.
My uncle provided good education to his both sons and now they both are well off. 6 yrs back my aunt also left the world. But my brother is leading a horrible life with out getting any support from them and neither he can not come back to my parents also. And my brother got married and gifted with 2 daughters and he faced problems in his married life and got divorced.
Now the problem is my uncle at the age of 69 is going to marry again.
Even they took my brother there is no adaption documents with my brother. But in his education certificates my uncle name is mentioned as my brothers father.
My doubt is:
Eventhough my uncle got good properties will he get any rights on his property or not?
Can he claim any thing legally b'coz his position is worst when compared to the other 2 sons of my uncle?
As I said earlier my uncle is going to marry at 69 yrs his both sons are planning to approach the court of law for the properties. in the same way whether my brother can do any thing?
I need a proper suggestion in this issue, experts please help me out to relieve my brother from his financial hurdles as well as his family hurdles.
Thanking you.
Best Regards
Aravind.
9840012521
kiran
01 August 2009 at 18:13
Hello Sir/Mam,
I am undergoing a divorce and currently the case is at the stage of Cross examining the Petitioner(Myself).
Issue : On the day of cross examination in front of the Commissioner(Lady advocate), the Respondent(My wife) was present but their lawyer was absent. Subsequently, there was no cross examination and the commissioner wrote a letter saying due to absence of Respondent's lawyer the Evidence is being closed.
And I signed on the same letter, but Respondent refused to sign the same.
Question: Hence, I would like to know
1. Can we use such action to our advantage
2. If this action of Respondent and their lawyer could be favourable in my case.
Also, please let me know your suggestions on proceeding further.
Thank you in Advance.
Mukesh
31 July 2009 at 18:17
I had earlier asked a question in this forum regarding harassment by inlaws and the learned members had very kindly given good advice.
I am a resident of Burdwan(West Bengal). I have recently been transferred to Bhubaneswar (Orissa) by my employer with my family. To safeguard against any misuse of 498A by my inlaws I want to take AB. My question is
1) Where should I apply for AB ? In Burdwan or Bhubaneswar ? For obvious reasons Bhubaneswar will be convenient. Please suggest. Whether the same shall be valid in West Bengal?
2) Am I obliged to my wife and inlaws about my transfer to Bhubaneswar or first I should get AB and then inform.
3) Where the further proceedings will take place?
Chandrashekar
31 July 2009 at 16:36
Hi!!
Myself and my wife ar living separately for he past 6 months, I have filed for a divorce in the chennai family court, however my wife subsequently filed a petition for separation.
However my only daughter born on 27th Mar 2005 is inmy wife's custody and she hasn't allowed me to speak to my daughter telephonically nor meet her physically from the past 6 months.
However my petition in the family court is only for divorce and not for child custody as thought my wife would agree and allow meto have a proper relationship with my daughter.
However now my daughter who was closer to me then is very averse towards me as i think my wife and their family have poisoned my daughters mind. This i got to know once while i met her near the school and she did not wanted to come to me.
My wife is working employee, she works from 8 am to 8 pm, she is staying with her parents and my daughter is with her taken care by he maid servant and her parents.
I am currently engaged in a consultan since i lost myjob recently. However there is no issue on that irrespective of whether i have a job or not i can take care of my daughter at the same standards how i have taken care of her from her birth.
Now i am contemplating to approach the madras high court for child custody. Under current situation, what are my hances of getting the child custody and what would be the implications.
Adv. Deepak
30 July 2009 at 23:35
What will be the court fee to be affixed to the application for restoration of divorce petition in Maharashtra. Could you please guide me. Thanks and regards.
N Thiruneelakanden
30 July 2009 at 19:55
Husband filed divorce petition before a court and it was allowed in exparty. Wife also filed a petition for restitution of conjucal rights before another court and it is pending in a couselling stage before beginning of trial. whether husband can remarry another women.
R.V.RAO
30 July 2009 at 12:16
SIR,
MY FATHER PURCHASED A HOUSE IN HIS LIFE TIME.HE PASSED AWAY WITHOUT WRITING A WILL.
MY MOTHER WHO IS ALIVE-CAN SHE BE CONSIDERED OWNER OF THE HOUSE FOR PURPOSE OF ANY SALE OR GIFT OF THE HOUSE?
IS IT NECESSARY THAT WE ALL SONS AND DAUGHTERS(ALL MARRIED) AND MAJOR GRAND CHILDREN SHOULD FILE A NO OBJECTION CLAIM AND DO WE NEED TO ARRANGEA SUCCESSION CERTIFICATE FOR HER FROM COURT AND THEN TRANSFER THE HOUSE IN HER NAME? OR IS IT NOT NECESSARY ,TO ENABLE OUR MOTHER TO SELL OR GIFT THE HOUSE WHATEVER WAY SHE WANTS?
RGRDS
R.V.RAO
raovr2001@yahoo.com
Adv. Deepak
28 July 2009 at 21:07
Resp. Sir/Madam, For restoration of divorce petition, is it necessary to produce certified copy of the original petition dismissed for default. Can it be produced afterwards. Kindly advise.
Vikram Chandra
28 July 2009 at 11:24
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged.
regards,
vikram.
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Property of my father
Dear Sir
We have 3 brother and two sister in the family. and my mother and father alive. My elder brother do not want to distribute property equily. My two brother out of india one brother si uneducated and they did not arrange marrige for him because of property share he has fully control on my my mother and fatther he want total property should be his name only. may be he already did total documentation in his name, with help of mother father since they are very old 84 year and 75 year.
in this situation what step to be taken for equily devide of property of my father
atleast if we are not my younger brother who is uneducated get property share.
kindly help us we want atleast my younger brother who is not married till date due to property share. my elder brother not want to get property my younder brother who is already 45 yrar old.
what action we should take kinldy let me know.
laxmi