armaan
23 June 2009 at 09:18
Hello all'
I had earlier also posted here that my sister is in great trouble as it was an intercast love marriage and my sister is being tortured by her mother in law and her husband doesnt support her.
Now in past 3 months she got hospitalised thrice due to depression.she had decided that now she wants to take bold step and therefore would come with us and would not see back.Now saturday night we got sms at midnight that she has just fallen ill and cannot breathe so come immediately with police we went with police and she was in a very bad state then we took her to hospital with all our relatives had quarrel with them they were not willing to accept thier mistake.
However all their relatives persuaded her to forgive but she came with us.But she is so foolish that her husband immediately within 24 hours persuaded her to come back when my sister said that she will go only if he lives separate from her mother that husband doesnt accept anything just said i will take care and no trouble will be there and she trusts him blindly and all have explained her that her life is in danger but she has just gone mad after him.
We know that they want her 40000 salary every month want to get loan in his name as they had filled home which is in their and my sis name but want that loan to be taken from my sis salary.
Now we had taken police we are afraid that they will console her and would file case against us and what documentation we can do so that there is no threat to her life or what legal step we can take.
Mohamed Ali
23 June 2009 at 00:37
Dear Sir,
I need one clarification..
In Sunni hanafi law in India,
Whether Orphaned grandchildren are entitle for any share in their grand mothers property ?
Grand mother is survived by only two daughters, The only Son of her had predeceased her with three children one son and 2 daughters.
I got reply from one advocate as..
Answer:If there are no other legal heirs, the two daughters are entitled for 2/3 share and the grandson is entitled for 2/3 of balance 1/3 and the grand daughters are entitled for the remaining balance...
My Question:
But Sir, As per Mohameddan law Orphaned grand children are not entitle for any share in their grand parents property, they will be completely excluded from inheritance by their uncle and aunts.
The “Principle of Representation” is not recognized by traditional Sunni Islamic law. Representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents.
In Shariah only heirs alive at time of death are entitled to inherit, they cannot be represented by someone else who has died before the propositus. This means that if a man dies leaving behind a son and a grandson through a predeceased son, the grandson is totally excluded by the son. This is based on the cardinal principle that the nearer in degree to the deceased excludes the one who is more remote in the same class of heirs.
Please clarify, As per the above explanation whether Orphaned grandson will be completely excluded from inheritance by his aunts or not...
Thanks and Regards
babu
Adv. Deepak
22 June 2009 at 21:23
Resp. Sir, I have filed divorce case on behalf of my client on the ground of adultery. Adulterer is added as co-respondent. Now, it has come to the knowledge of husband that adulterer has first raped the wife and then blackmailed her to commit adultery. If husband is willing to take wife back for cohabitation, can he take separate legal action against the adulterer. How such an action can be taken in future? If husband withdraws the divorce case, against wife, will it mean that he has left with no ground to take action against the adulterer? Your expert and kind advice is highly solicited. Thanks and regards. Deepak.
T Krishna Kumar
22 June 2009 at 19:08
One of my friend spent amount for construction upstairs on property owned by his father. Kindly let me know the transaction treatment, whether my friend should treat the amount spent on construction upstairs as loan given to his father or not?
regards
KK Turaga
Rajiv Kumar Singh
17 June 2009 at 23:20
I am from Hindu family.
My mother and my mother’s sister are only two child of my maternal grandfather (my mother's father). My maternal grandfather (my mother's father) have ancestral property which he is in process of selling to third party without informing my mother and we assume the price money can been transferred to my mother’s sister.
Can my mother claim right on the property or money that my maternal grandfather (my mother's father) gets in the process of selling the property.
Can we stop this sale and ask for 50% of the stake in property or the money received in the process of sale.
We are apprehensive that my mother’s sister can influence my maternal grandfather (my mother's father) to will all his property or money generated in the sale of ancestral property in her name alone.
Ramesh
17 June 2009 at 18:14
Dear Forum Members!
What is the difference Between Foster Child
and the Adopted child? I mean who is called
Foster Child and who is called Adopted Child?
With regards.....
newlawyer1
16 June 2009 at 13:16
What is the status of a child born to a married man but from another woman, if he subsequently divorces his first wife and then marries the second woman? Will the child still be illegitimate?
Makarand
15 June 2009 at 22:35
My wife has filed a petition for divorce and maintenance. She has left the house since last one and half years along with children. She is living with her parents with our children.She has taken all the belongings and valuables alongwith with her. She being an advocate, and knowing law, is harrassing us a lot. My father and mother are constantly falling ill, due to this pressure. Many of my relatives including me have tried to resolve the issue. But, she being very egoistic doesnot listen to anybody.Now she is claiming in her divorce and maintaintence petition a very huge amount, basically to harress us and take maximum money from us. I want the custody of both the children(daughters), since she is not concern about them. I have many a times told her to forget the ego for the sake of children. But, it seems she has found her conterpart there and hence not ready to come back to me.One is 7 years of age and other is 3 years. She has gathered many false evidences and charged allegation of adultry and cruelty. She had also filed an application in police while leaving allegating me and my parents that we wanted to kill her. But, the local police on enquiry found the application as far from truth. Even her parents are supporting her. It is very clear that their intentions are not good at all and they are doing so with the sole intention for money. I am living with my parents. I am the only son. The house is in the name of my father. It is constructed on ancestral land. Please advise me as to what stand I should take?
Ria
13 June 2009 at 18:06
Respected experts,
My matter has been transfered to the fast track court after 5 years and due to failure to cross examine me for 3 years, failure to pay maintenance since 10 months and failure to appear in the court for consecutive 6 hearings, I applied for exparte order from the fast track court (Iam appearing party in person).
My husband or his lawyer did not appear in the court even after the court issuing a notice for appearance, therefore the judge is ready for granting me exparte order, and has asked me to file a fresh affidavit in evidence.
Please let me know the procedure after the grant of exparte order by the Hon'ble fast track court.
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customary divorce
As per Hindu Marriage Act customary divorce is valid or not. If the both parties are binding on a affidavit and living separately since 1994.