Mitul
30 January 2013 at 11:54
My father executed a gift deed in 1966 on the name of his wife my mother and transferred all his assets including all immovable and movable properties / assets ( which includes bank balance, cash balance and all other investments in form of shares, mutual funds etc) Later in 1967, he expired and all assets were in name of my mother. He has 2 sons and 4 daughters. But the property was all given to his wife by a gift deed as mentioned above.
Later in 2008, my mother made a WILL, wherein she distributed all the properties to her 2 sons, daughter in laws and her grand children’s. The copy of the same is available with us, but the same is not registered. My mother expired in 2009 and after this event, 2 daughters among 4 made a dispute and asked for their share in the properties. Without discussing this with us, they submitted direct notices to concerned offices and asked them to stop the process of changing name on properties claiming that the WILL is fake.
There are four properties A,B,C&D. We were successful in registering name on all properties according to the WILL executed by my mother
As on today, we have received further notice that they also intend to have share in gold, silver and jewellery items.
My questions:-
1)Whether mothers property can be claimed by daughter’s ?
2)If WILL is not registered, and the other 2 daughters are with us, so is it a strong case for us to fight in Court?
3)Or any other best solution, you can suggest on this?
Rajesh Tandon
29 January 2013 at 22:23
1.I'm writing to you in connection with a query about status of a widow who adopted a girl as a daughter. Subsequently the girl got married and staying separately from mother. In Army, the various rule positions pertaining to different kind of pensions is as under:-
(a)If a widow gets an award of special family pension or a liberalised family pension she can continue to draw this pension even after her remarriage.
(b)However, if she draws ordinary family pension she is not entitled to continue the same after her remarriage.
(c)In addition a childless widow can continue getting her pension even after remarriage.
2. In the present case, what is the legal status of the widow for the purpose of continuation of family pension if the widow gets remarried?
3. After having adopted the daughter, what is her status in the eyes of the law? Would she be considered as childless widow or considered as a woman with the daughter and no more entitled for status of childless widow for continuation of family pension though she adopted the daughter but she did not give birth to the daughter.
4. Request guide on the legal aspect of the query.
Santosh Maske
29 January 2013 at 18:13
h send notice to w calling upon her to tome back to matrimonial house.
w want to go but on account of illtreatment given by mother in law father in law and sister in law she is unable to stay ther
after sending notice h come to w fathers house and told to w to not to come and if she came back she has to face further consiqwenses
therefore i replied to the notice on behalf of w that what ever behaver is by h and sending notice calling upon w to come back to h's house is not clear
now?
1) h is nothing doing not going to court or did not come to bring her back
2) what is remedy available to w
please sujjest
thanking you
adv. santosh maske
Member (Account Deleted)
29 January 2013 at 17:12
A has a son B. A dies suddenly, after that suddenly C claims to be the wife of A while distribution of property. B outrightly denies this fact of C. C says she was living with A from last 10 years. After investigation, It was found C and A were living together for 10 years and trial court arrived at the fact that the society accepted them as husband and wife, so they have to be treated like husband and wife. But B argued the marriage to be invalid as per Hindu Marriage Act, 1955. Presently the matter is before SC by a SLP opposing the trial court's decree.
So whether living 2gether for 10 years as husband and wife without fufilling the condition of HMA gives the status of husband and wife to parties or not.
plz suggest argument from the side of wife C.
shonali
29 January 2013 at 15:45
hie,i have a query regarding divorce by mutual consent...i have been married since last three years and i have a daughter who is two years of age.The first few moths of marraige were good but then things began to get sour because of my husbands behaviour.He used to fight with me every second day which caused me mental torture.However things did not change even after three years.I find it really difficult to stay with him and most of the time i'm at my paternal home.Have even spoken to my family about it but they are dead against my divorce due to social pressures even after knowing that we both arent happy in this marraige.Can you kindly suggest me the procedure and how to do it all by myself and also regarding my daughter's custody.I do not want any alimony all i need is to free myself from this relationship with a mutual consent.
Amit
29 January 2013 at 13:32
My wife filed interim and permanent maintenance u/s 24HMA and 125CrPC.
She filed an RTI to get my income details from IT dept which were rejected by the IT dept.
She now filed a petition in the family court to direct the IT dept to provide my tax returns?
Is this valid petition? Can she ask so? What should be our ground to reject it?
If it can be asked, can we ask similar details of her?
Senthil kumar
29 January 2013 at 12:27
Hi Friends,
To introduce myself i am senthil kumar.G,COIMBATORE.
My family consists of me and my father only, my mother passed away 12 years back
I got married on Nov 2011.
My wife belongs to chennai and she worked for a BPO Job, at night shifts for about 2,3 years.
She resigned the job before 1 month of marriage.
After marriage she found difficulty in household work and unusual eating time and sleeping time etc.
we tolerated and managed every housekeeping activities and advised her to take rest ,moreover we also adviced to take responsibilities some activities of house hold work but she was never serious.
she created silly issues and seperated my father and me and moved to a different place and started living.
Since she is not performing the household work at the new house also, we both had quarrels often and not involved in family life too often.
last week the problem gone to peak and i asked her to leave the house since she was blocking to visit my father and sister's place.
I wrote a email to her father, that she is spoiling the atmosphere and peace of mind.
but her father wrote a rude and harsh reply that i am not potential on sex and as a result she is quarreling.
I am annoyed and upset.
Can anyone tell me how should i handle this legally for my safety
regards,
Senthil kumar.G
karthi
29 January 2013 at 09:57
Sir,
My husband the petitioner applied in Family court conjugal rights against me.we both attended the conselling(3 times).I demanded for separate dwelling,but he was not accepted for that,and he requested the counsellor to get back the case to the judge i.e., final hearings.. we both agreed and signed for hearings..
My question is 1.can i take voila on judgement day or it is compulsory to attend. 2.After judgement can i give case against him it is possible? kindly reply plz..
Prakash
29 January 2013 at 02:11
Ld Counsels,
In divorce suit if new facts emerge about the
love affair of wife only during appeal can the same be amended in appeal with additional evidence.
Thanks in advance
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Crpc 125 cross exam
My wife filed false case to distance me as she &the three daughters( all major now)o to lead a free life without any discipline and her elder sisters husband stands instrumental.
now I would like to cross more personally to bring out the truth. And his eldest brother is aware of and stands with the entire truth. he may not come on his own as a witness but if called, mostly spell out truth
May I ask the judge to be present when I cross her and may ask the advocates to be away?
May I ask the court to call her brother as a witness?