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Advocate Umesh   08 September 2013 at 11:28

Hindu law, mitakshara, succession, coparcener, partition, right of pre-emption

One Mohan Ramchandra Kulkarni acquired self house property by own. Mohan died in 1950. He has two wives first is kamalabai who died in 1939 left one son Bhima and one daughter Laxmi. after then mohan remarried with one Sundarabi who also died in 1960 left one son Govind and one daughter Radha. Now all the childrens of Mohan are married. Now Bhima has one son Gopi and one Daughter Sudha. Laxmi has a son Ramesh and Daughter Purva. Govind has one daughter Sima and Radha has a son Vinay and Daughter Kamini.

The Property is Dwelling House. Family is Hindu Mitakshara. Mohan is dying intestate.

Now my question is,

1) can son and daughter of married daughter are coparcener?

2) can son and daughter of Pre-deased son or Pre-deased Married daughter are coparcener?

3) can Daughter in law has right in Father in laws Self acquired property after his death?

4) Can right of Pre-emption is available for Dwelling house and agri land in maharashtra?

Pl. help

VIKAS SINGH   08 September 2013 at 07:14

Regarding separation

Hello Sir,

There is a female friend of mine who has been married to a guy for 1.5 years now.But they are not in good terms.His parents torture her mentally.They both have been physical since a year now.They both want separation.So,could you please tellme if there is any process in which both the parties can get legally separated without going into the long process of divorce.Both the parties are ready for separation.The guy is willing not to pay any alimony and also the girl is not willing to receive not to receive.

Please help .
Thanks in advance

vijay   07 September 2013 at 22:35

Divorce - urgent


my sister is facing some problem in her life, husband behave rudely with her, slap her many times.

so, presently she stay with us (in our family), she has not decided for divorce.

but her husband call him daily (unnecessary), and coming our home once in every week.

we already say to her husband , we have not yet take any decision, we will give u decision after 6 month..

but he is not ready for that, that reason he coming our house at any time. and making uncessary call. what to do ?? (in legal way) urgent..................

Naveen Kanth Dasari   07 September 2013 at 20:40

Divorce

Hello,
I'm a practicing Advocate, I have a query regarding Divorce under Cruelty.

1.How far is it relevant to file a divorce case on the ground of cruelty? As the wife is not willing to file a divorce under mutual consent?

2.Is there a chance of getting divorce under this ground? If yes how much time will it take?

3. As they have a 10months old daughter, can i also file the custody petition at the same time? As the father is ready to take the custody of the child?

Gopal Ranjan Panigrahi   07 September 2013 at 18:43

Custody of child after untimely demise of father

Respected sir,

My query is attached with sentiments.But as to survive one has to accept the truth.I too being law graduate .

Fact:
My only brother in law married on 7th July 2011 later having a son a year old leading a happy family life with wife being housewife and parents.Sad part being on 18th March 2013 all happiness were shattered for ever as while duty hours in one greenfield project inspection my brother in law being Manager feel from 45 feet high and being severly injured passed untimely on 20th March 2013 leaving sadness for lifetime for all relatives.Further Comapny gave the compesation amt which was given alone to wife which parent`s in law did not object too and made further made Bank Fix Deposit in name of mother & male child .
The query is respect to the male child at present 14 months old . After such sad incident the wife of brother in law is mostly staying at her parent`s house with the child and unwilling to return at present.
i)Parent`s in law are concerned for the male child as its their only hope.Is there any law to get custody of child if mother refuses to rejoin (as not much care in being taken in her parent`s house) or remarraiges.If yes then at what stage & its procedure.
ii) What right over the ancestral with self made property has the brother in law wife got if she joins and if she not joins & remarraiges.
Thanks & Regards

Sunny   07 September 2013 at 18:24

False stridhan claim by wife in women cell

Hi
The false stridhan list prepared by my wife & submitted in CAW cell recently in august 2013
It is around 30 lakhs includung jewellry.
His father is never working(but some rent income)
Two elder brother is working
She is also working
can i share this case with IT department
is stridhan taxable?
How IT department inclusion useful in this ?
Can I file RTI in IT to know whether TAX is given by them or not on Those itme mention in stridhan
other then this she is also demanding 25000pm maintence from me
there is no child
we are seprated since 15 april 2011
my marriage date 02 dec 2010

PLZ suggest

ranjit   07 September 2013 at 17:09

Need urgent information

Good evening sir,

main aap ke saamney apni baat ko rakh raha

hoon pls help me,

petitioner jo ki meri legaly weded wife

hai weh job karti hai ek MNC Main,aur wahan

se usey as per detailed affidavit 17500/-

per month salary milti hai petitioner ne

apne kuch jaroori fact petition aur

relication jo ki affidavit ke saath file

kiye gaye thay main mention nahi kiye,like:

1, Apni movable/immovable property,

2, petitioner ne apni salary ki details

affidavit main file kartey samay kewal ek

account ko show kiya jabki uski salary ka

ek part ek doosrey account main bhi aati

hai jiske baarey main mujhey baad main pata

chala jab usne apna detailed affidavit file

kiya tab usney Apni movable/immovable

property ko declare kiya lekin apney ek

account ki jaankaari ko chupa liya interim

argument ke baad interim oredr main 5000/

per month petitioner ko dene ke interim

order pass hua

iske baad evidence by way of affidavit file

hue usme petitioner ne ek baar phir se

Apni movable/immovable property ko accept

nahi kiya aur saaf-saaf mention kiya ki

uskey pass kisi bhi tarah ki koi property

nahi hai aur salary ko bhi 15000/per month

bataya.

mera aap se ye sawaal hai ki mujhey kya

karna chahiye ki interim order set aside

ho sake aur kya order ko set aside karwaane

ke liye u/s127(2)Cr.p.c ki application same

court main file ki ja sakti hai.

urgent.

adarshbuilding   07 September 2013 at 10:50

Seeking a divorce, connected issues

Learned Gentlemen,

I'm seeking this advise on behalf of a good friend. The situation is as under:
1. M and W were married 14 years ago.
2. They were not interested in children, but a daughter came, through not by planning. On pregnancy W insisted on retaining.
3. Since then they have been living just as Co-inhabitants of the house.
4. W's behaviour has resulted in M's mother, a widow, leaving the house and living in an Ashram.
5. M is aggrieved which is reflecting in his work. Though a top B School grad, he is hardly making money to survive.
6. W is a government official, highly paid.
7. The house in which they stay is M's, purchased out proceeds of ancestral property and personal income.
8. W is not interested in separation as it suits her image as a senior married government official. She has a place to stay.
Advise matter
1. What is the way ahead?
2. What are the legal provisions for property? Does W have a right? Would M have to sell it off, even when W is entitled to government accommodation?
3. What are the rights of M for his daughter?

Please advise,
Regards

Reshmi   07 September 2013 at 10:03

Dv

Dear learned experts.if a person is not giving interim maintenance as per order given by the court is it mandatory that aggrieved person has to file execution petition or the court arrest the husband without execution petition.in my dv case husband didnt paid a penny yet

Member (Account Deleted)   07 September 2013 at 10:00

Divorce - respondent not ready for either mutual or conciliation

What if the respondent, husband, in a divorce petition takes the stand that he is not ready for mutual divorce and also not ready to take her back even if she express unconditional willingness for both options in court? The respondent just wants the matter get decided by the court on merit, and not ready for any other options.

So, is respondent legally responsible to a convincing reason for such a stand?

If the judge asks, can respondent just say no to all other options without any explanation? If yes, will it create any adverse effect or weakens his side?