rea
04 May 2013 at 18:40
20 yrs before his death, my father registered a will with my mother as beneficiary. Again 2 yrs before his death, he wrote a will with my mother as beneficiary but did not register it. We made use of the last will. But now some of our relatives are creating problems regarding the property for us. They are saying that unregistered will has no value. Can we use the registered will now after using the unregistered will?
Harrased
04 May 2013 at 17:26
I come to know that my wife has filed the DV against me, my mother married sister and brother. She has filed the case from her paternal city. I want to know shall we all have to attend the court on date or only our advocate can handle the matter ? Is it a civit suit ?
sanjeev kumar
04 May 2013 at 16:57
D/Law Experts,
This is repeated query.But now I would like to describe it in more details.
The matter is related to the case for the enhancement of alimony from 2000/- + 2000/-=Rs 4000/-
She moved a pauper application on dtd 11-03-2002 to file aforesaid suit.The same was declined and she had to pay court fee.
After that it was the suit no:-431 dtd 04-09-2008.
The suit was decided on 07-01-10 with the enhancement of alimony to 8000/-.But from which date it would be operated,was nowhere mentioned.
She preferred a appeal in the Court of Distt. Judge.
I am going to place some contents of it.
"Appeal against judgement and decree dated 7-1-10 passed........whereby the ld lower court has allowed mntce of Rs. 8000/-....
"That in the impugned judgement and decree it has not been specified by the ld lower court that from which date judgement and degree will operate ie from which date maintenance has been granted which fact also deserves to be clarified and mntce deserves to be granted from the day of filing the application under order 33 rule 1 CPC ie 11-03-2002......
It is,therefore,prayed that the impugned judgement and decree may kindly be modified and the mntce be enhanced 7250/- each and may be granted from 11-03-2002.
THE DECISION OF THE AFORESAID CASE:---
"....However,the trial court erred by not mentioning the date from which the mntce is to be given to the appellants and I find that this is to be rectified and this mntce is granted to the appellants from the date of suit filed by them before the trial court.
In view of my above discussion,the judgement and decree of lower court is modified to the extent that the appellants are entitled to receive mntce granted by the trial court from the date of filing of the suit.There is no scope of interference in the other findings of the trial court and there is no merit in the present appeal and the same is dismissed,with no order as to costs....."
Two releifs were sought for and the appeal is dismissed.Is dismissal means both releifs were declined? Now my query is that which is the date of implementation?
with regards
sanjeev kr
sanjeev kumar
04 May 2013 at 16:24
D/Law Experts,
This is repeated query.But now I would like to decribe it in more detail.
The matter is related to the case for the enhancement of alimony from 2000/- + 2000/-=Rs 4000/-
She moved a pauper application on dtd 11-03-2002 to file aforesaid suit.The same was declined and she hed to pay court fee.
After that it was the suit no:-431 dtd 04-09-2008
jai prakash
04 May 2013 at 15:06
hi
mere mumy apne parents ke ekloti santan hi mere mumy ke property ke mare bade brother ne legal registrary registrar office me apne naam kare le the mere nani ji se ab vo mujhe or mere mumy ko property me se kuch nahi de raha hi kaya main legal tarike se kuch kar sakta hoo
drsxprt
04 May 2013 at 14:58
Marriage of my friend was solomonized as per hindi rites on jan 2012. Wife left matrimonial home on march 2012. On march 2013 parents of the wife came and told that they want Mutual Divorce.
My Query .
1 can MCD be filed within 1 yr 3mth of the marriage ( as marraige was solomonised on jan 12 )
2. as per law no divorce petition can be filed within 1 yr of the marriage and for MCD 1 yr of sepration is must . AND IN THIS CASE one year after the marriage had completed on jan 2013 , and 1 year of sepration had completed on march 2013. BUT THE MARRIAGE IS 1 yr and 3 MTH OLD.
3. do the limitation time run simultanusly or do my friend has to wait till JAN 2014 or can MCD petition be filed.
kumaraswamy sekar
04 May 2013 at 13:00
WHETHER NOMINEE OF A BANK DEPOSIT / BANK ACCOUNT IS THE SOLE BENEFICIARY ENTITLED TO THE FUNDS OF THE DEPOSITS / ACCOUNT? HAS OTHER LEGAL HEIRS ANY CLAIM, IF ONE OF THEM IS THE NOMINEE? IF SO, WHAT IS THE REMEDY?
M Chaturvedi
04 May 2013 at 12:34
Dear Experts:
I sincerely Thank You all for your Valuable Advices, Suggestions & Opinions.
I had discussed in earlier query about 'Defamation Case'.
Firstly, I would like to genuinely apologise if my attitude or language has been found offensive in my earlier query/ies. With all my respects to Experts I would like to bring forward the following:
I had visited my Lawyer at Court since we have a hearing next week and we are going out of town, so went to meet our Lawyer to take his leave & sign application of leave.
Just yesterday, I had put up a Query for Defamation Case & today it was pure coincidence that we came across the Lawyer of Opposite Party, he had come to court for another case.
Our Lawyer asked him why his Client (Wife) is not coming to Court to attend 498A hearing? and simultaneously requested him to ask his clients to co-operate in 498A. He (Opposite Party Lawyer) with a smile on his face said:
"If my client (Wife) comes for hearing and gives her statement in 498A, thereby the husband & his family getting Acquittal, then my Client will be in trouble - It will be considered that my Client had Filed a False Case of 498A. So, I (Opposite Party Lawyer) have told my Clients not to attend Court". Looking towards me he said, "Aapka (Our Lawyer) toh Meter (Fees) Chalu hai naa".
Even a Senior Lawyer who was sitting just besides us suggested the Opposite Party Lawyer that Once the Settlement is done & Divorce Granted, there is No trouble at all for your Client. But, he said "Mujhe bhi Kaayda Kanoon Maalum Hai".
When our Lawyer told him that your Client have signed MoU of Settlement wherein She will co-operate with us in Withdrawing 498A. He (Wife's Lawyer) said "Aap Sach Mein Vakil hi hai naa? Kaun Padhtaa hai MoU"?
Dear Experts - Now What Next? How can we go about it? My Lawyer says we will have to fight it out for Acquittal considering Settlement is not done and Case is going on as per normal procedures.
Sir (Adv. Chandu) & All Respected Lawyers & Experts - Please Advice. After Acquittal, Can we File Defamation Case? Here I am not being Stubborn or am not showing eagerness to file Defamation Case. But, this harrassment compels us to do so.
satya
04 May 2013 at 12:10
how long will it take to get divorce as i have filed the case two years back on the basis of desertion and cruelty.,,,wife started getting maintenance already....not ready for Mutual understanding..rather says will not give divorce...but herself left the home and myself.i want to resettle but she says she will not let me,,neither she will reconcile...clearly says she will pretend to reconcile in the court but will not in actual!!!...what option i am left with now...i want to live a peaceful life. please help.
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Section127
I hav been granted maintenance under section 125 crpc of 30,000 rupees per month .i hav two children with me .my husband is a merchant navy captain.he gave me money for eight months .rest of the maintenance of 22 months is pending.he was not taking summons nd warrants were issued against him.
Now to save his skin he's put up a case of section 127 of change of circumstances.he now says that he's working as a councillor nd now his salary is just 15,000 rupees.whereas as a captain he was drawing a salary of 3,40,000 rupees per month.
A case of 498 a has been registered against him.in bail appl to show that he's given me more money than dowry given by us he's presented all his bank statements ,that I hav taken out more than crore from all his accounts.
I hav put a revision of enhancement in session court.
My qus is
1) is it possible that my maintenance will b reduced( I am not earning anything)
2) is it possible that he could stop execution of payment under section 128 ,which is due on the same date of hearing of section 127.