Mohamed Ali
30 December 2013 at 16:45
We are Sunni hanafi family...
My grandmother has 2 sons A and B..She is inheriting property from
her mother in a partition suit filed by here mother,which is still pending in Final decree proceedings in which her mother is entitled for 1/10th share.
My grand mother is entiled for 1/3 rd share in the 1/10th share of her
mother, She wants to gift 1/6 th of her 1/3 rd share to orphaned grandchildren throguh gift deed.
Question: My father has expired, My grand mother wants to Gift 1/6th share out of her 1/3rd to me and my sister.. As per Sunni hanafi law an undivided share(MUSHA) can be gifted, I prepared a gift deed and went to sub-registrar mentionioning all all the decree shchedule properties in the gift deed and saying that my grandmother's mother is entiled for 1/10th share as per preliminary decree in the pending suit and now my grand mother is gifting share out of her 1/3 rd share to us.
But the subregistrar says all the gift deed properties must me in name of my granmother, proof which has to be given, then only the Gift deed can be registered as per registration and stamps act, or else it cannot be, I explianed it is only the amount of share is gifted in properties we are not taking physical possession now..
Subregistrar argument is he does not care about personal law, he is only concerned with registration and stamps act which says the property has to be in name of donor in order to be gifted, which is the confusion as here the property is still pending in a final decree proceedings only the shares have been declared...
Thanks Ali
Rajvir
30 December 2013 at 13:30
The lady L is married to person P1(love marriage). The lady L left the person P1 without taking divorce and got married to another person P2(arrange marriage). The first husband P1 started telling to second husband telephonically about their marriage and for evidence he supplied the UPSC call letter indicating P1 as husband of L in the handwriting of L, and the residential record of husband is also indicating the name of L as wife of P1 in the record of P1 residence with signatures of P1. When P2 (second husband of L) wanted to know about the facts from L see and her family members started torturing P2 for filing various false cases against him, even they have threshed the P2 and his family members and started demanding money. And lady L left the company of P2 without his consent. Then after this the P2 has filed the case of declaring their marriage as null and void under section 11 of HMA.
Now the situation is that:
1. In the court the UPSC record has been summoned and the record is found true i.e. in the record the lady L has written as wife of P1.
2. The P1's govt. house occupation report has been summoned and record is found true. In his record the lady L is shown as wife.
3. The writing has been matched.
Respected all,Now the questions are:
1. Whether the documents are sufficient for the case ?
2. What should I do if P1 is not ready to come to court and telling truth and P1 also said that in the court I will tell lie i.e. P1 will say in the court that P1 and L have not been married?
3. What actions can be taken against them in the light of above documents?
4. Whether the decree of null and void of marriage can be passed on the basis of above proofs?
Waiting for your valuable suggestions......
Victor
30 December 2013 at 13:16
Wife after compromise in lok adalat. is not taking care of children and in every week ~3days she spends with her parents, leaving the school going children to lurch, where as husband goes out to work. There seems to be total disaccord between husband & wife. Under these circumstances what can be done legally? experts plss
manjupatil
30 December 2013 at 05:13
Hi There
I'm an NRI, I have 2 questions 1. I have grandfather's property in India, my father registered 12 acres land to my mother and 20 acres land still on my fathers name both are my Grandfathers property. Now they are threatening that property belong to us we will give it to daughters(my sisters). If the property is given to my sisters,do I have right to go to the court please advice how to stop this. 2. My Aunty(My fathers sister) given some property to my father as a gift property. Do I have a right on this property please let me know.
Thanks !
amit
29 December 2013 at 23:53
In my divorce case the family court have passed an intreme mentanance order of 5000 and now my wife have demanding intreme menatanance in dv case also,should i appeal in high court for revise of intreme mentanance order? some one has told me that if i appel for revision it might be possible that the high court will order me to deposite 100000 rupees as security deposit for revision of menatanance order
loksloksloks
29 December 2013 at 22:30
Hello all,
I am Confused with below situation, kindly help me to take decision.
Background.:
I have filed rcr before one year and got an interim order to meet my child however my wife failed to follow order. She is away from me with child since 2.5 years since child's birth and looking at her reaponse doesn't seems intrested to come back. She never pick up my phone too. She has lot of conditions to come back home which are not all accepatable. Althogh I feel that she is lying it becoz once when I asked about divorce she immediately said yes for divorce. Later she changed her word in front of hon. judge.
Now 2 things are there to choose and became difficult to decide:
1) go with decree from RCR with child access and wait for one year to take divorce. Becoz as per her behavior I don't think she will come back even after decree.
2) withdrawal of rcr and file new perition of dv but not sure if my rcr period and order will be considered there and not sure how much time it will take for devorce.
What you all think, please suggest which point would be better at this stage.
Kindly advise if you have any other suggestion
Anonymous
29 December 2013 at 20:46
Thanks. I ll resnd the query. So delwted from here
Todi
29 December 2013 at 17:47
I am blessed with only two loving daughters who are married to dominating husbands. I don't want them to be dependant on their husbands and want to protect their interest in my assets at any cost after my death. Is it possible to do so in a male dominant Hindu society ? Pl. suggest some way so that my assets are not swallowed by their husbands / in laws.
Chiranjeev Lamba
28 December 2013 at 19:35
Hi
I m asking this question on behalf of one of my friend. He filed sec 9 on his wife back in 2009 but after one year he take his case back as there was no chance of settlement from her wife even she don't want divorce. He is paying the amount which has been decided in sec 24. His questions is that til how long he have to pay the amount as wife not residing with him and don't want divorce. Please advise....
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