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karma   23 February 2013 at 15:52

Does daughter have rights after marraige to house and all

Hi, i want to know if a married daughter has legal rights to her parents house and investments. Parents have died interstate, and succeeded by two brothers. Father having joint account with elder son. Daughter has made herself nominee in her mother's account. And also what are the legal rights of the younger son and his own son according to the hindu law and constitutional law. Can the daughter force brothers to sell the house and claim any part of investments??
Appreciate your time, thanks in advance.

anki   23 February 2013 at 12:07

Execution of interim maintenance order

Res All Experts,


My husband got Ex-parte divorce against me which was subsequently it was set-a-side by Honorable High Court Mumbai. Now my matter is pending in Family court in this matter family court allow me Interim Maintenance order dated 18 Jan 2013 at the rate of Rs.7000/-per month from the date of filing of Application i.e 26 April 2011

In between on July 2012 i have filed an DV case against my husband & my In-laws In Magistrate court Borivali.In my written Argument I have submits that family Court had passed me Maintenance order at the rate of 7000/- per month pass order dated 18 feb 2013 at the rate of Rs. 15000/- per month form the date of date of application i.e. July 2012 & to arrange an accommodation for me & also give me a police protection.

Now my query is--
- shall i Execute both order.
or- shall i execute Family court order for the period of 26 April 2011 to June 2012 & then afterwords i. e from July 2012 shall i execute Borivali courts order.

waiting from reply

V R SHROFF   22 February 2013 at 19:32

Adoption of daughter


Widow gave her MINOR daughter(7 YEARS)in Adoption to a man , who have no daughter.
After a year of Adoption, the Man died.
There are no documents prepared for Adoption. dAUGHTER RESIDED WITH mAN'S FAMILY
What is remedy for proving, she was adopted daughter of a deceased man. ??
All family members of the man knows daughter resided as his daughter , and no one objects it. However, father's name was not changed.
CAN A MINOR DAUGHTER'S FATHER'S NAME CHANGE ALLOWED ??

Rajan   22 February 2013 at 17:57

Respondent argument

Dear Sirs,

As a Petitioner, our arguments on the divorce case was completed on Jan 18, 2013. The arguments of the Respondent was posted for end of Jan 2013, the lawyer sought adjournment for Feb 14, 2013 and again sought adjournment till March 7, 2013. The Respondent lawyer is known for his adjournments for 3 times and only when the Hon'ble judge says next is the last chance he will submit the reply or documents.

Can you kindly inform me, if there are any restriction for the number of adjournments that the Respondent can avail for his argument and do I have the right to object the same. Please advice

ZAHEER HAMID KHAN   22 February 2013 at 17:40

Pharmacist wife claims maintenance after sending letter to the husband's hr dept in office

Sir,

My wife had filed FIR under Sec 498A/406/34 in the month of Oct 2012 and then she made repeated phone calls and have sent the FIR copy along with a letter in my office to the HR department with a copy to the police station of that area and to MID DAY & DNA NEWS which states them to remove me from the company as i had an extra marital affair and i have got married to second wife (which is accepted in the muslim shariat) if at all they do no terminate me she will bring the media and highlight the name of the company because of which i was forced to resign from the organisation. I have resigned from the organisation that i am leaving it for a better future as i had no option but to state the real reason or else it would effect my future career opportunities in the market. My wife have threatened my companies HR dept about the media propaganda & it also spoiled my reputation in the company now she is a pharmacist by profession and currently i am jobless she has prayed for Rs15000/- per month as maintenance through DV which was filed in the month of December. Please help me will i still have to give her maintenance knowing the fact that i lost my job because of her repeated threatening phone calls and reminder letters in my office. I have the copy of the letters which were sent by her to the company HR department along with post detail through which the letter was sent. Please help.

2. My wife had also prayed for a stay on the flat which was purchased by me in 2007 before i got married i need to sell this property because i am suffering from financial crunch and i do not have money to pay the EMI to the bank so far i have only received the summons but i have not received any order by court please suggest can i sell the property before i receive any judgement from the court on my property aspect secondly what is the right of the wife as per law if she has deserted the husband and do not wish to come back.

Mrunmai Deshpande   22 February 2013 at 05:34

Right to make will

I am a senior citizen with 65 years of age. Me and my wife have movable ( bank balance, bank FDs, shares etc) and immovable assets on individual names and our joint names. We have not inherited any asset from anybody. We both have made separate Wills and made each other the sole beneficiaries in the event of death of any one of us. These Wills are duly registered.

I had a son of 35 years of age, married and has a son. After marriage his wife put lot of pressure on him and hence he had started staying separately from us. After separation he suffered paralysis of both the legs and hence lost his job and hence he and his wife once again started staying with us. Before delivery she was working and had plans to work again once the child becomes 2-3 years of age.

My daughter in law had always misbehaved with me, my wife and my son. She had always insulted us and mentally tortured us. She deserted my son 2 years ago and currently staying with her parents and must be working there. She had carried her son with her, also.She had no plans to come back and did not want to give my son divorce as well.

Few months back my wife and son had passed away. My daughter in law is now demanding money from me for her and her son. As she had mentally, very much, tortured me, my wife and my son and had deserted my son and had no plans to come back. I do not want to give them money, nor I want to keep anything for them in my Will. Can I legally do this. Please advice. – Mr. Vinod

Karishma   21 February 2013 at 17:50

Please help me!

Ours was an arranged married that was held in July 2011. I had hardly known the guy, but he spoke well and came across as a sincere, hardworking, respectable, loving man. From the start he told me his family is important to him, but I did not make much of it, as fair enough the family should be important. The courtship period lasted for 5 months, and we live in different cities, not once did he come to visit me. I had gone twice to see him. I got a shock after marriage. The honeymoon period itself was bad. He was constantly on the phone talking to his sister in law. Once back from honeymoon she made it a point to make my life miserable. She would tell me something, then say something opposite to my husband and thus create fights between us. I also suspect them of having some sort of relation, though I am not sure, as he is impotent. He would get drunk every night and abuse and insult me. He has done it publicly also. Apart from the first month there has been no physical contact between us, even then he wasn’t able to sustain it and would just roll over and say sorry. we managed to have sex only twice from the 10-12 times we tried. I was just like a domestic help in his house. Cooking, cleaning, dusting, washing utensils. If I complained about anything I would be called a spoilt girl. My upbringing was questioned time and again and my parents abused. He even slapped me once in his drunken state and has threatened to cause me harm at other times. I wasn’t given proper food and would hide and eat. I took all his nonsense for 10 months and finally left his house, because if I had stayed there I would have done something to myself, I had reached that state. Everytime he got drunk (which was almost everyday) he would often ask me to end the marriage, go back to my parents house or give him a divorce. But once I came to my parents house, he started sending me love letters and emails asking me to come back to him and how he loves me so much. But again everytime he spoke to me on the phone he abused me and asked me to give him a divorce. He then said he will end the marriage amicably, then after few days he sent me a RCR, putting all false allegations against me. He expects me to ask for a divorce. What should I do? My lawyer is saying we will file for a divorce. But the case will go on for 3 years or more. I don’t want to waste anymore of my time with him. Please help me with the best solution. thankyou

Kartik Patel   21 February 2013 at 16:29

Change in my wife's name

Hi Team,

What is the procedure to change my wife's last name from her maternal to my family's last name? Please suggest.

Thanks,
Kartik

Kunal Sarkar   21 February 2013 at 12:38

Counter claim by husband

Can a husband file counter claim of Restitution of Conjugal Life against the petition of divorce filed by the wife on the ground of cruelty & desertion by her husband under sec. 13 of the Hindu Marriage Act, 1955.

Vishal sharma   21 February 2013 at 10:37

Divorce

hi. Sir, I am afraid of the name divorce,but my wife is creating plenty problems with me as well with my family ..she even dont accept my sisters to come in house and after every few days and months she go to her parents house after maturing a quarrel..plz give me soloution...and plz tell me there is no law for a man... all the laws for womens...i am scared and i am not so rich to do all the stuff..........thanks

Vishal Sharma
9996366207