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snehashree   31 March 2013 at 08:49

Distribution of property

Dear Sir/Ma'am,
We are three siblings elder sister, then myself and my brother. Father expered last year leaving behind a house and ancestral farm land. I insisted to include the name of my sister in the list of beneficiaries after the death of my father. Brother after staying in fathers house for 25 years got renovation done in the house . My sister told him that we have no interest in the house and are ready to forego our claim. He states that he will compensate us by giving similar value in the farm land however, we should pay him Rs 9 Lakhs which he has spent on renovaqtion. We opposed this by saying that neither he asked us before renovation nor have we stayed in that house. The renovation is done by him, he has enjoyed it for past 25 years and in future also he is going to use it once we leave our claim. I told him I would not have claimed the money if I was in his place. I always appeal to him so that the problem can be resolved in the best interest of all and being educated we must behave in a matured way. My mother is bedridden and due to old age does not remember any thing. Yesterday she just happened to say that she has gifted this house to my brother's wife. I am afraid, in our absence, such move may take pace or might have already taken place. Please advise me what caqn be done to avoid such umpleasent mischief and every one gets his due. Being elder son I feel its my responsibility to ensure all threee of us get equal share and no body is at loss financial or otherwise.

With warm regards.

Shrikant

Raman   30 March 2013 at 22:19

Whether its right time to proceed for divorce

My Sister In law has filed 498-A/406 case aginst my brother and rest of family members 1 year ago and proceedinsg are pending before the HC for quashing
Then she filed the case 125 CrPC for maintenance
and therafter she filed the DV case agsint rest of the family members
My brother and his family has been facing the torture for last 1 year for appering before the courts, Bail etc

Now whether ist right time that we should move an application for divorce under cruelty & desertion or shll we wait till charges has been exonerated??

Bangalore Man   30 March 2013 at 20:16

Non consummation of marraige

My marriage has not been consummated, my wife simply does not like sex, is not interested. Her siblings are also not concerned about her. I do understand that I have legal remedy under Hindu Marriage Act that allows me to get the marriage annulled. What is the proof that I must show?

rajiv_lodha   30 March 2013 at 18:48

Cross examination questions

In my cross examination, opp lawyer wants to extract answers in a way which suit him.
1) In some of his questions, answer is not simple “Yes” or “No”. Whenever I try to explain in detail he does not allow, wants Yes or No. Somewhere when I am successful answering my way, he mentions “volunteered” word in writing draft. What is its implication. Is legal weight of statement reduced when this word comes in between?
2) Sometimes he makes suggestions, then says its correct/ incorrect to suggest…..But I want to record answers in my way which is away from ‘suggestion’ lines he speaks. How 2 handle this?

DHIRAJ CHANDRAKANT KUMBHAR   30 March 2013 at 17:25

Preventive step fromm 498a

Sir, b4 married itself wife was a mental patient n as d said fact was suppressed from husband n v hv filed private complaint u/s 406 of ipc n process is also issued against d mother n father of wife n v have also filed divorce petition against wife on insane n fraud ground, so now with n intent 2 take revenge 4m us they r threating us to implicate in 498A, n wife is with her parents.. So what is d preventive step by which I n my family will not suffer 4m d said prosecution.

abc   30 March 2013 at 13:10

Change of wifes name and signature

I wished to change my wife's name and sign but she denies for both.Hesitant to change.
According to Maharashtrian community trend
name change is common and its my wish to change cause I feel it will be a honor ot give her a name after marriage.There is nothing that her identity will be axed or something.
This is like when a girl is accepted by a family after a marriage she is absorbed in the family and ours being decent and caring family,we want that she should follow the trends and culture that have been followed by all the earlier females of the family.
Doing so is against her choice is what she says.following maharashtrian community trends is waht she is against.She wants to be like she was free and no restriction or rules to follow as in her college days.

Its a prestige of married girl to style and wear all the appropriate ornaments or bindi and other associated things which are a certificate for the general society.This will safeguard her as to any stranger person will not be carried away to approach her for proposals as she is already married. These things had made the earlier generations easier and hassle free lifestyle though they had less amenities and facilities.

Now everything is fast and easy and girls have tried to match head to head with guys that does not mean they should change the norms and not follow. If they wish to bring reforms if so they should do some social work or try to change the face of the country that will at least lead to good.Mere breaking the trends or disregarding the respect for old things wont make any pride.

DHIRAJ CHANDRAKANT KUMBHAR   30 March 2013 at 01:36

Hw 2 proceed further on desertion ground

I hv filed petition for divorce on desertion ground by husband, summon has been served on him, but he is not cming 2 face d trail, husband hving no property in his name but his father hv land n house, so what shall I do by which ill get something 4 my survival n maintenance

pushpakrishna   29 March 2013 at 22:11

Partition

Dear experts,
ABC are own brothers and during the joint family they purchesed a land of 9 Acres from their family income sources in the name of B in the year 1990.During the year 1996 they got Oral partition.but reduced the same in to writing for their reference only and registered.as per the partition 6 Acres alloted to B and 3 acres alloted to A.Since 1997 cultivating the land as per their respective shares.PAHANIES also showing as 6 Acres to B and 3 Acres showing as Partition in favour of A up to 5 years.later not showing.now A and B died.Son of A cultivating the land even now.But 3 sons of B muteted the 9 acres in their favor each 3 Acres behind the screen.the same is reported to the Revenue authorities. but they are not caring.what to do for the justice to get by son of the A .kindly advice.

Alok   29 March 2013 at 20:20

Wife filed for divorce, maintenance and dv act

My wife went to her paternal home along with me for the delivery. After the delivery i was busy with my work and use to visit her home when ever i was in her city. Once i was on tour i came to know that my wife had filed for divorce, maintenance and a case on DV act.

Since she was not coming in the proceedings of the court in DV act the result came in my favour. Now the two cases i.e, maintenance and Divorce cases are going on in the court. I am paying Rs. 4000/- as maintenance to my family (Wife and a daughter of 2 years).

I want to know what can i do to save my family since i love my family very much and do not want to give divorce without any reason.

I can do anything so as to save my family from breaking.

Request you to kindly guide me as to what i can do and should do to achieve my objective.

anuradha   29 March 2013 at 20:07

Cruelty lapsed in divorce case

if the case is filed by the husband under the ground of cruelty to husband in 2008 and in 2009 the husband and wife both are came together and living together without any application before the court and pendency of case for the period of one and half year and during the said period their were quarrels and n.c. and cross complaint against each other after that both separated and came in the court.

now the case is on argument stage neither the petitioner advocate amend the plaint and put the facts of their cohabitation and quarrels

now my question is whether the cruelty mentioned in the petition got lapse if the husband and wife came together and it will affect on the case to get the divorce because whatever the evidence on record is the facts which arise between husband and wife is after filling of petition and petitioner advocate not amend the plaint which effect on the divorce case

and what is meaning cruelty lapsed in divorce case