T.R.Nagaraj
11 January 2014 at 14:24
Can a grand son, in an Un Divided Hindu Family, claim a share in the property obtained by his mother by a will of her father who acquired the property from his own earnings ? I understand from the HUF laws in India a female member in the HUF cannot blend the property she individually acquired into the HUF property. Kindly clarify.
Ravi Shankar
11 January 2014 at 12:23
Hi,
One of my friends passed away last month due to cancer. She as a child of 2 years. they used to live in London.
After the wife passed away the husband wanted the custody of the child and take him back to London. His work is very hectic and he stays away from home for most of the day,
My friends parents are worried that he will not take good care of the child. Also the husband wants to get married again just after 2 months her wife passed away. Is there a way that the girls parents could get the custody of the child.
Please give some suggestion on how the girls parents should approach for justice.
Regards,
Ravi
chinmay
11 January 2014 at 00:45
dear sir/madam,
main ek govt. teacher hun. meri patni ne mujhpar 498-a and crpc-125 kiya hai jabki maine uspar section-9 and sec-323,34,497,386 of IPC par kes kiya hai, jisme teen accused hain meri patni, uski maa and his boy friend. uska boy friend is kesh me 2 mahina jail vi jaa chuka hai. aur ab charge framing ke baad gawahi chalne wala hai.patni dwara kiya hua 498-a ka cognizance hone ke baad maine A.B.P. kiya tha, lekin use district judge ne reject kar diya, fir maine highcourt me A.B.A. file kiya hai lekin avi tak no. nahi mila hai. filhaal avi tak mera warrant nahi nikla hai.ab situation yah hai ki,unlog comparomise ke liye aye hain jisme wo ek moost 4 lakh rupaye maang kar rahe hain.main vi dene ke liye raaji hun,lekin samasya yah hai ki wo mutual divorce ke filing ke hi samay sara paisa maang rahi hai. ab mujhe samajh nahi aa raha hai ki main kya karun? use shuru me paisa dena thik rahega, agar wo 6-mahine ke baad court me bol degi ki main divorce nahi dungi, to fir kya hoga. doosra ek jaankari leni hai ki main aur meri patni 1 year 4 month se alag rah rahe hain,to kya, humlogon ko divorce ke liye 6 month wait karna padega ya aisa koi rulling aya hai ki agar pati-patni ek dusre ko divorce dena chahte hain to kabhi bhi de sakte hain. please suggest me and reply as soon as.
thanks and regards...
Sujith
10 January 2014 at 15:18
dear respected experts pls let me know after filing dv case on me my wife is now saying tht i have to stay with her at her house other wise she will go for divorce and for divorce she is demanding 10 lacs.we have a nine month old baby boy.and she and her parents dont allow me see my baby too.she is saying that she will tell the court tht she will not go with me to my place and me have to stay with her home.if i am not interested in this condition then she will only need maintenance without staying me and i am ready to take her with me at my place.i am not ready for divorce
1.will the court order me to live with her at her place?
2.or the court should tell her to live with me at my place.
3.my salary is 12450/-if i she go for a divorce and demand for 10 lacs will the court order me to give 10 lacs becoz i dont have that much money with me.ionly have my salary no bank deposits and all.
hetalsangoi
10 January 2014 at 10:28
My father has leave a will and all immovable property is wanted to named on my mother including residence snd office premises. Will is signrd by him and with two witness along with presence of doctor. Shall my mothet has to pay stampduty when propeties tr to my mother name.? Which document will be required on which property is get to tr on my mother name? Wehave not pay stamp duty on will. Pl guide me .
raj
10 January 2014 at 00:39
SIR,
I AM REGISTER THE LLP IN 2010. AND DUE TO THE NEGLIENCE OF MY LEGAL ADVISER I HAVE NOT FILLED MY LLP'S IT RETURNS FROM 2010 TO TILL TODAY. BECAUSE SOME DAYS BEFORE I WENT TO OTHER ADVOCATE TO FILL MY IT RETURNS AND HE ALSO TALK WITH HIS CA THEN AFTER TOLD HIM TO FILL IT RETURNS OF RUNING YEAR BUT REPLY ME WITHOUT FILLING THE PRIVIOUS RETURNS WE CAN NOT FILL RUNING IT RETURNS. AFTER I SHOKED HEARING SOMETHING FROM HIM THAT FIRST I WANT TO FILL PENALTY UP TO Rs. 3,50,000/- WHICH WILL BE FROM 2010 UPTO TODAY.
I DOES NOT EARN SUCH HUGE INCOME FROM MY LLP, AND I HAVE MADE TM,ISO,COPY RIGHTS etc.OF MY LLP,AS EARLY..
SO PLZ HELP ME SAVE MY LLP. I AM NOT IN THIS CONDITION TO REGISTER NEW LLP.AT THIS POSITION BCOZ NOW I HAVE SPREAD MY REGI. NO. TO EVERYWHERE.
IT'S HUMBLE REQUEST TO ALL OF YOU PLZ SUGGEST ME THE WAY TO SOLVE MY PROBLEM GIVEN BELOW:-
1) HOW CAN I SAVE MY LLP?
2)HOW I CAN FILL MY IT RETURNS BY REGULAR BASE SHOW ME THE WAY?
3)AND HOW CAN SAVE MY SELF FORM PAYING PENALTIES ABOVE GIVEN HUGE AMOUNT?
4)SHOW ME THE WAY TO SAVE MY MONEY AND MY LLP FROM PAYING SUCH HUGE IT RETURNS..........I WILL BE THANK FULL OF U ALL ADVOCATES...
Ashish Roy
09 January 2014 at 23:10
My wife filed case under 498a and other cases in Kolkata. I and other accused on bail, police filed charge sheet. No further proceedings since then (at least 4 years). I live in Delhi. Wife now ready for mutual divorce and closing other cases. Cases in district level courts. MY QUERIES ARE:
1. How to end 498a simultaneously with 13(b) under the circumstances.
2. Can I get exemption for appearances of other accused in 498a (mother, aunt, uncle) as they are old and sick and cannot travel to Kolkata from Delhi.
3. Is there any MEDIATION CELL in Kolkata also like Delhi courts. If yes, provide contact details plz.
IF POSSIBLE TELL ME THE PROCESS AS TO HOW TO GO ABOUT IT.
Awaiting reply.
Thanks and ragerds
Nima Lama
09 January 2014 at 11:36
I had a Brother in law who was working as a Commercial Tax Employee in Bangalore he passed away on the 21st Dec, 2013 in a very sad state neglected on the road and brought to a government hospital where he died giving details of my wife - his sister as an emergency contact. He was married to a woman in October 2006 and soon got separated after 3 months. The woman had filed many cases against him from dowry, compensation and finally a Judicial separation which was initiated in 2007 and granted in 2010 as he never came to the family court as a respondent challenging her claims of sexual harrassment to violence and everything that was possible to get Judicial seperation. He was mentally distured with the turn of events and was not able to handle it well. This took a toll on his physical health too. He had attempted suicide twice and they are recorded in the Police station as well as the Hospital in Bangalore. He had even been to rehabilitation center in Kolar Karnataka. All this while the support was only provided primarily by his sister my wife and also by his friends. The so called wife was never in picture for more than 6.5 years. In Jan 2013 when he commited suicide he had written a will in my sons name whom he loved dearly and also wrote a death note blaming his wife as the cause. We pleaded with him not to do so but he did it and we had to take care of him till he recovered. We never submitted the Death Note or will to anybody as we thought that would call for trouble to us and his employment as a central government employee. The police did not hand over the body to us as we informed he was married once and without the consent of the wife we cannot take it. So we searched the entire Bangalore connecting with all old relatives and finally managed to get her to come the next day by sending the message. The moment she arrived in the evening after a lot of delay she started to claim for the body as we didnt want her to perform the rites because she was very mcuh the cause of his death. So we fought it in the police station but lost after the PP judgement came to hnd over the body to the wife. We still fought the decison and it was mutually agreed to perform the last rites. The next day in the crematoriun they did a better than monkey flip and asked us to perform the rites as they had already got the document for the body handover to make the Claims. Now she is claiming for the Compensation and job.. heir family was almost beaten to a pulp by his friends as they were not performing the rites and when the body was being burnt they slid through the back and were quickly trying to get the crematorium slip.. I have discusses this with a few friends and lawyers who have given me mixed responses from go ahead to leave it as we would not be able to stop her. But deep inside I feel this is complete injustice and a misuse of the marriage laws. I wanted sound and clear advice as to how I can take this forward and stop this lady. She has even lied that she is not working but we got to know that she has a job in Airtel. She even received Rs. 60,000 as compensation till now. Me and y wife have have given him a lot of money to pay for the compenstaion and avoid getting arrested. His financial condition and jo was at stake due to many months of absenteeism. The tools that I have at hand are his death note blaming his wife written in jan 2013. Judicial seperation document filed by the woman. video recordings of the last rites where she is hardly in picture, video recordings of the asthi visarjan done by me as per his last wishes, the will that he made in my 3 year old sons name, documents of the hospital and police station when he attempted suicide, the rehabilitation center slip and the complete support of family and friends who are willing to depose before the court at a moments notice. I can start working on other evidences if I get sound advice.
M.BASAVARAJA
08 January 2014 at 22:54
This is one my close friends problem- he became a second priority to his wife after 13 years of his marriage.day
bay day she is not responding to his needs or pleasures. their was a love &
inter caste marriage. they have one girl child age 10 years. now she
wants to stay away from him & demanding the monthly expenses.she is a
social worker -working for a communist party & Law graduate.
kindly guide me to advise him further.
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Huf
Is it true that children or grand children cannot claim a share in the property a female member of an HUF acquires by way of gift or through a will ?