Sajid
19 March 2013 at 10:48
One of friend is going to buy the Christian Property. The House owner is the christian, He is expired. and he has NO Childrens. Now, who is the legal heirs for this property,
1. Wife
2. The Deceased Relatives, like brothers, or their sons,etc.
3. Whether it is must to notify the public in daily news paper etc.
Please let us know whose signature is important in this Sale documents, and what are the precautions to be taken to buy this property.
Mohamed Ali
19 March 2013 at 07:17
Dear All,
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with 2 orphaned grandchildren a grand son and a grand daughter, only two daughters survived the mother.
We filed (daughters) a declaratory suit against these orphaned grand children seeking a declaration that only 2 daughters alone entitled to succedd in left over properties of their mother and these orphaned grandchilden are not entitled for any share,
But the trial court has dismissed our suit saying the daughters are not entitle to succeed to the whole property of their mother they are entitled for only 2/3rd share and the remainig 1/3rd will go to orphaned grand children as they will come under residuaries as per Section 65 of Mullah's, Even though we had brought to the notice of the court that even if the 1/3 rd residue remains it will go to the other Sharers such the uterine relations of grand mother i.e her brothers and sisters if they are alive or their childrens not to these orphaned grand children. Kindly clarify, How to proceed now. Any Citation where onl;y daughters survived and the son had predeceased . will help.
Thanks and Regards
Ali
sanjeev kumar
18 March 2013 at 22:55
D/law experts,
I was booked u/s 323,324,452 in the year 2004.This false complaint was lodged in the police station by my advocate wife misusing his profession.Tremendous pressure was exerted by the Bar Association by going on indefinite strike.I was harrased for one year and the case was closed by the police after enquiry found it false and vague only after the kind intervention of the Chairman Human Rights Commision.
She again filed complaint in the court of law in same city on the ground that fair probe was not done by the police department.I had to appear in the court about tens of times after covering about 200 kms distance and availing leaves as I am a central govt. employee.Now about 4 months back,she closed her witness.The judge aquitted me on the ground that there was no witness.No further appeal.
During the police investigation and trial,i had to face harrasement and huge financial lose.Should I file the case of defamation?Is there any scope that she would be convicted or it would be of no use? Kindly advice.
Meg Nath Sharma
18 March 2013 at 19:06
Sir
I was paying monthly maintenance of Rs. 2000 per month to my wife from 2001 to 2009 as per court order.
We mutually decided to terminate our marriage invoking section 13(b)of Hindu Marriage Act and accordingly marriage terminated. we had a minor son of 14 years at that time and was in my custody before and after the decree. my wife voluntarily withdrawn from taking any future maintenance after the decree of Divorce. I educated the said son upto class xii who had a very rude behaviour and used to quarrel with my first wife and sometimes used to hit with fists and blows. Later on in the year 2012 he went to his mother's place. I continued to provide him monthly expenses of Rs, 2000- 3000 per month for his studies. Surprisingly, my wife and my son who is majour now filed a suit against me for their maintenance under section 127 of Cr.PC.,
will i be liable to pay maintenance again? am a primary teacher...and she has not married again.
kindly help
MN Dhungel
prasanna
18 March 2013 at 14:54
dear sir wishes for the day, i am house wife who hadbeen preparing for competetive exams like bank pos or other govt sector jobs.
I am a woman belonging to obc category, who can claim the benefits of obc reservation, i had married a person who works for public sector bank belongs to a general category, my question is after marriage whether i can claim the benefits of my obc reservation or not, plz let me clearified regarding this issue as very ambituous in getting a govt sector job. Plz help me regardng this
saurav
18 March 2013 at 12:31
Hi,
My wife had left home without informing anybody and file a compliant against me and my parents in police station stating that we were planning to kill her which is absolutely wrong. Thereafter, after a month we got a reconciliation notice from CAW, then they sent us both to the Mediation center. We were about to settle the case suddenly my father in law raised his raised and insist to forward the case back to Caw. I have following questions:
1) What would happen next. The case is with ACP, CAW?
2) Whether she can ask for separation and without divorce?
3) If above answer is yes, whether I can file for divorce before we have date with ACP.
Please suggest.. I am really innocent and my wife have made false claims against me and my parents. Your guidance in this matter would really appreciated.
aman rajput
18 March 2013 at 01:37
Dear Sir I got married in November 2004. After approx 6 years of marriage i.e. on September 2010 my wife left her matrimonial house due to dispute for regular interference of my in laws in our family since marriage .
After 5-6 months of leaving my company i.e. on March 2011 I filed RCR to let join my wife her matrimonial home back in reply of which she submitted her application under Sec.24 under HMA where she filed false affidavit that she is not capable of earning and had no source of income and is totally dependent on her parents etc. etc. and morever when she didn’t turn up for mediation inspite of court order in RCR case later on after 6 months i.e. on September 2011 I also filed Custody case for my 4 years daughter in return of which she filed false complaint against me in women cell i.e. in September 2011 itself only i.e. after approx 1 year of leaving her matrimonial home and further later on that complaint got converted into false FIR under Sec. 498A in March 2012 after the reconciliation process failed by the women cell also
In December 2012 i also got summon for false cases under domestic violence and CRPC 125 filed by my wife in which she had confirmed in her petition in one of the point to the court that earlier also she had filed DV case and CRPC 125 case in the same court on September 2011 which has been later on withdrawn by her on August 2012 and which is too also not in my knowledge & eventually the court dismissed both the cases. I immediately rushed out to the record room of the court after knowing this fact and been able to take out the earlier petition copy filed by her under DV and CRPC 125 and came out on the conclusion that the cause of action mentioned in the petition for both the cases filed by her earlier is the same as I received in December 2012 there is not even a single percent difference in it except my residential address is been wrongly written as “House No. 309” instead of “H-309” that’s why the summon couldn’t reached to me earlier.
Now Sir as per my knowledge the change of address can be amended in the same petition on her request to the court if she desires but she didn’t ….Morever On my recent date of RCR i.e on February 2013 eventually I also got little bit offensive and filed CRPC 340 with her ITR copy in reply to her Sec. 24 HMA under IPC 209, 191, 193,etc. but the court has kept my CRPC 340 in abeyance right now, therefore viewing the said facts could your goodself pls reply my below said questions as under :
1.What could be the reason of withdrawing her earlier petition from the same court for DV & CRPC 125 case filed by her against me…??????????
2.Can her present petition for DV case be dismissed by the court immediately on the ground that how can she re-file DV Case again for the same cause of action for which she had herself withdraw earlier and moreover when she hadn’t joined her matrimonial home in between for a single day from leaving her matrimonial home since September 2010.???????????? If possible pls also provide me the judgement copy if its there ever in the same regard
3.What best possible steps your goodself suggest me to take my case on to stronger side so as to also create base for the coming case of 498a also which is yet to be summon on me by the court …???????????
Sheela Jain ..........
17 March 2013 at 19:31
My son 5 1/2 years old was forcilbly take by my 1st in-laws from Hyderabad .Through the help of advocates I filed for Habeas Corpus to get back my son. High court has ordered us to give a notice to my 1st in-laws who stays in Karnataka.My advocate gave notice to my 1st in-laws 15 days back (the clause for days to reply back from my 1st in-laws was not mentioned). Now, we din't get any reply from my 1st in-laws though it is confirmed from the Speed-post that the notice was served to 1st in-laws.We didn't even get any reply from SHO, Police also.So, for how many days we should wait for their reply . we spoke to our advocate but they say that still the file has not come in the bench of High Court.
1) How many days will it take for my 1st in-laws to give reply to my advocate?
2) Hon'ble.Judge of High Court has told my advocate to serve the notice first. Do the Hon'ble Judge has accepted for the Habeas Corpus or is there many chances of getting Habeas corpus.
3)Did our Jurisdiction is made here i.e., I got remarried in Karnataka but I came back to my Parents place in Hyderabad.
Amrish Kishore Vora
17 March 2013 at 17:33
Sir/Madam,
I am fighting a case which has been put on me for domestic violence and dowry harassment. Both are wrong allegations on me which i need to fight it out and prove.
I am an MBA currently unemployed lost my job recently. My wife is M.Com she was working as a teacher before marriage and left the job post marriage. We got married in 2011 and due to some problems since 2012 there are two cases put on me and my family under sec 12 and sec 23.
Recently there has been a interim order passed for Rs 20000/- maintenance per month .For increasing the interim amount further my wife has put another case in appellant court in the meanwhile i have lost my job and am jobless over a month now.
My query is do i still need to pay maintenance as i am the only earning member in my family and i don't have any job ? also i have my obligations of rent and other monthly expenses where as she stays in parent owned house. I had read an article in http://www.lawyersclubindia.com/forum/details.asp?mod_id=23342 where in the situation matches with my current case.
can you kindly please help me how to fight this out please.. ? i am in real stress and trouble please reply back asap..
Thank you..
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Second marriage under shariyat & registered under 1954 act
Dear Respected Pannel Members,
My Self Irfaan, Got married in 1997 Nov as per Shariya in Bangalore. I got a son in 2002. Due various reason & incompatability issues with her, I am staying away from her since 18 months. I moved away from her physically and mentally, reached to a state to take divorce.
In Between, in 2008, to arrange a visa for her & my son (marriage certificate is must for family visa sponsoring), I registered my marriage in India under Special Marriages Act 1954. in which it states that the marriage conducted in 1997
What I would like to Ask, respected pannel members is that, To go for a second marriage, DO I need to take divorce from her? OR I can go ahead for Second Marriage Without divorce from first wife under Shariya Law
Kindly advise, ASAP.