Bodo
07 June 2016 at 23:48
My husband left me and my son in 2009. We were married in 1992. My son completed his 10th and 12th in kolkata. We found it difficult to continue without his support and absence from the house. So my brother took me to mumbai in 2012 where my son completed his graduation in 2015. In the last 3 years my husband has not even contacted us and stopped sending the little amount of 6000, which he used to send till 2013. We have tried contacting him over email and mobile but no response. Now I hear that my matrimonial house is sold off and therefore me and my son has no shelter. Can someone suggest and advise me on my rights to the matrimonial house and our right to claim sustenance?
Srikanth
07 June 2016 at 18:32
My grandfather registered a will in the year 1997 and given all rights to our 4 uncles (My Father's brothers) to divide the property based on their own discretion. However, during 2005 our grandfather changed mind and gave to my father one new will (unregistered) in a plain paper and mentioned that all his property will have my father rights. Now my father and grandfather is no more with us. And my uncles are dividing the property among them and giving to my father's sisters as gift. Can I claim the property based on the Will that my Grandfather gave to my Father. My father is no more, can I as an eldest grandson can claim the property or put a case against my uncles. Please advise. Thanks.
Ankur
07 June 2016 at 17:05
Dear Sir
Since 2004 my father has filed divorce case against my mother who was living that time with my father in same house which belongs to my father and purchased by him only.
Practically and frankly speaking neither my father nor we two brother wants to live with mom due to her rash nature and bad temperament.
Question is coming that, my mom is living in that house which belongs to my father only since 2004 when my father filed divorce case while living with us.
The case is still running on and we need badly that property for selling due to financial crunch. Is this possible for us to sale that property while taking consent of court as that property belongs to my father. My father has also made one will in the name of us two brothers wherein he clearly mentioned that property after him will be with only two sons.
I have fear that my mom can sell this property while living their to any third party or anyone can take illegal possession in our absence.
Kindly advise us so that we can take that property in our control.
Thanking you
s shukla shukla
07 June 2016 at 12:03
sir one of my relative is getting maintenance amount ordered from the court from her husband but his husband deposit it after 6-8 months later when every time she files a recovery case.is there any provision so that she gets it on monthly basis into her bank account as her husband is a govt employee.
Anonymous
06 June 2016 at 23:56
My husband left me and my son in 2009. We were married in 1992. My son completed his 10th and 12th in kolkata. We found it difficult to continue without his support and absence from the house. So my brother took me to mumbai in 2012 where my son completed his graduation in 2015. In the last 3 years my husband has not even contacted us and stopped sending the little amount of 6000, which he used to send till 2013. We have tried contacting him over email and mobile but no response. Now I hear that my matrimonial house is sold off and therefore me and my son has no shelter. Can someone suggest and advise me on my rights to the matrimonial house and our right to claim sustenance?
Member (Account Deleted)
06 June 2016 at 20:28
Dear sir,
My cousin who retired in august 2015 form active army servcie as a officer filed in delhi ahila court application to claim residence order u/s 19 along with interim order application u/s 23.
This is regarding her husbands flat who expired in 2005.
Due to servcie plaintiff was contiunuously posted out of town and could not stay there. Her hsband's brother family who moved temporarily there made it permaneent abode after husband death and does not allow her to enter.
They also later produced a will in their favor and got probate also ex party which was set aside. Now civil trial for probate is pending in a civil court in delhi filed by plaintiff to decalre will null and voide.
Menawhile she has retired and needs accomodaiton urgentlyand hence above DV act applicaiton u/s 19 with section23
Now what has ahppened is that application made by her state legal aid lawyer was criticised by magistrate not in order and hotchpotch and asked to make it proper and come back next date
The new lawyer appointed by plaintiff revised applicaiton making it concise and to the point while maintaining same grounds.and called it fresh petition.
But now magistrate is asking under which provision you have brought fresh application and has given last oppotunity to satisfy court.
In other words plaintiff is being trapped by court now
My question:
what arethe provisions under which an applicant can move fresh petition while old one is with court .In fact original applicaiton was complete in all respect and why magistrate at that time made oral remarks and threw the file no one knows.
Now after criticing orginal application she is questioning why fresh petition is submitted and if it is maintainable so last opportunity is given by magistrate.
Kindlty advise how this mess can be solved and under which provisions magistrate can allow it or should plainitff withdraw fresh one and ask to proceed on original only or withdraw original and request to proceed on fresh one. is this process allowed in law.
Can she quote some provision and ask to process fresh with old one in file and if yes under what provisos. of course in interest of justice higher courts can consider but these are magistrate level courts.
This is crucial point and i seek advise of senior advocates here for kind guidance as plaintiff has only one opportunity
Sudhakar Ojha
06 June 2016 at 20:08
Does a will cover movable property, liquid assets, futures assets liquid an dmovable ? also
Kobaka
06 June 2016 at 13:28
Hello sir,
my family is undivided Hindu family(me, my mother and brother) till date.
my brother had prohibited marriage(saphinda relation ship) 2 years back and went to america, still my brother is staying in america,but his wife is came back to India and given birth to a baby girl,now my brother's wife trying to enter into my joint family house and she is saying that she is also having rights on my joint family house as she is my brother's wife, as per the prohibited marriage under Hindu marriage act, can my mother(father expired) stop my brother wife's entry into my joint family house?
my brother's wife also having rights on all my joint property like land and house? or not?if no can we stop her entry to my land and house?
please help me on this
Rk
05 June 2016 at 19:56
Father died without will. Mother transfered property to her name. There was a major son and minor daughter. 26 years later can the mother will the property to the daughter and/or daughter's sons? The son is left without any property. He took care of mother and earned for the family and spent on minor sister's marriage education child birth. Thanks earnestly. Mother has also died but there seems to be a will somewhere which the sister knows is made and is in her or her son's favour.
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Exparty divorce decree
I recd a divorce decree in 16/10/2014.after one month my husband filed a application for dismissed diovorce decree. he filed a application on 27/11/2014 and reason gave that he was on bed rest for one mnth and no any evidence diven by him in this regarding..in feb. i recd a notice from him and my advocate gave reply to not dismissed divorce decree. what can i do in this case. how can i take divorce from him or what can i do for not dismiissded my divorce decree. pls help me.