rsvp
30 October 2012 at 23:49
My mother passed away intestate - a few months later my father passed away too leaving an unregistered will (witnessed) in which property was willed to me. My siblings are asking for their share in relation to my mothers share. The property was acquired by my father's earnings. How can I get the property solely in my name?
kapil pandit
30 October 2012 at 19:48
I have a grand mother 92 years old and she holds a flat in mumbai. She has 2 daughters and 1 son. Now, both daughters are rich where as son is deaf and mute and he could not even have enough pension to sustain house hold maintenance . I am her grandson married and I am now 2 years living abraod in middle-east. My question is now after spending almost 90% of my life in that property almost 26-27 years I do not have any right to claim a single sq.ft for my wife and me to live in. Her daughter are core patties from their husband and have lots of properties to on their name . Is any disproportionate asset case can you fought with my aunt in future? If this property goes to them me and my wife will have to live on street. ..
Arpita
30 October 2012 at 12:20
Hello,
I just want to know what procedure shiould be adopted in the following matter:
"One lady who used to reside with her husband in karnataka suffered domestic violence. She came to her maternal home i.e. Mumbai and now wishes to file a complaint. But the police officer is not filing an FIR saying it is not his jurisdiction and that she needs to file a case in Karnataka."
Please Help.
Sandeep Didwania
30 October 2012 at 10:24
Sir I want to know that if a person have 4 sons and he prepares a registered will in favour of one of his son and the near relatives of the benificiary of this will became the witness of the said will, is there any remedy to the other three sons against this action of the testator and the benificiary
Raghav Shukla
30 October 2012 at 10:21
Hi,
I am 65+ retired Bank pensioners.
I have my wife (64) and two sons and a daughter.
One son, passed away last year and is survived by his wife and no kids, and she lives in my house.
Other son and daughter are married and son lives with me with his family while Daughter is settled in Bangalore.
About 15 years ago, my elder son’s wife, tried to file a law-suit (dowry) after her marriage, and I end-up settling matter out of court.
I have been supporting her on monthly basis during this time, when couple was living at rented place elsewhere.
Last year, when my son was diagnosed with a critical illness, and because of which he died later, I decided to take him back in our house and live together.
After, his death last year, his wife has recently started posing all sort of trouble and is asking for a big chunk of money and says that she will release her share /claim in my properties only if given the money.
I have inherited agriculture land and I own house acquired through self-earnings and I have little cash in hands in fixed deposits/bank lockers again acquired through self-earnings.
1. I believe, my daughter-in-law can claim her share in my inherited property but not in my own property.
Q1. If, given a cash-lump amount, how can she release her share and not claim anything on later date on either (inherited and my self-earned) property.
Q2. What document I need to prevent her claim in my property after cash settlement with her.
2. During this time of transition,
I am living with her and she keeps on demanding money and continuously threatening me that she will file a law-suit or police complaint to create pressure on me.
Q3. Can she file a law-suit against me, like dowry or harassment etc.?
Q4. If so, how can I best prevent this from happening and safe guard myself from any such case?
Q5. am I oblized to bear her all expenses for rest of my life and give her money every month for her expenses?
Ahamed Ali
29 October 2012 at 21:07
Dear Members! I filed restitution but the respondent did not take any interest to join at its near two years.Though Islam permits polygamy since we live in India and we have a muslim personal law.But without intimation to court second marriage may be punishable as it is mentioned in The muslim family laws ordinance,1961 which is applicable in India and PAK.I request the experts what would be the correct procedure to go for second marriage through court.What are the prerequisites to go for the second marriage as per the Indian law and muslim personal law.May be the first wife claims for maintenance if i go for second marriage without intimation." I would also request the experts to mail the applicationformat for second marriage.Here it mentions the ARBITRATION COUNCIL The muslim family laws ordinance,1961 CAN ANYBODY CLARIFY THIS
iS THER A CHANCE to get the maintenance if i go for second marriage through a proper channel?"
Shahnawaz
29 October 2012 at 16:39
I got married in 2006, it was love marriage. And we got our marriage registered under Special marriage act.
Due to differences between us she filed 498 A case against me and my family which came to be dismissed after trial.We have filed for separate divorce petition (Feb 2012) in Family court and in both our petitions we have stated we are living separately since 2009 and its a fact.Divorce case has been clubbed together and now during cross examination she never appeared and has filed IA for changing her main application from divorce to Judicial separation.
My questions is:
a)On what points can i argue against Judicial separation?
b)On what condition judicial separation can be granted by court?
Any help or suggestion will be greatly appreciated
vasantlal D. patel
29 October 2012 at 14:29
I need your help to file petition to access granddaughter. Please let me know Section and rule under which Grandparents can file the Petition to family court to have access to Granddaughter
An early reply will be highly appreciated
Sorry for the inconveniences.
Thanking you
Yours truly
Vasantlal D. Patel
29.10.2012
pawan
29 October 2012 at 13:29
brief facts are as: married in feb 2003.elder child born in may 2004.her behavior is not up to the mark from very start.she and her mother is dominating typed.her mother ,mama & mausa interfare a lots.she insist for separation from parents (yet being the only son) got separated since 2005 having separate ration card & gas connection. she went for maternity purpose to her parental home on 28 march 2010 and delivered my younger son there 0n 9 april 2010.but didnot turned back.her condition was that transfer anaestral property(owned by my father) to her name,which i denied.when all social means failed to bring her back.,then i filed for sec 9(RCR) in nov 2010.she clearcut refused to comeback in reconciliation and filed sec 24. she got nothing but for 2 childs was granted rs. 2000/month.getting less maintainance she filed a false DV case. in dv also she refused to come back at PO office.i paid for one year in rcr through sec 24. in may 2012 when they comes to know that i am going to file perjury in dv case.she withdraw dv on 31 may 2012 and i withdraw ripe rcr on same day stating"a mutual compromise has happened and i donot want to proceed with litigations". but after withdrawing she doesnot come back. then all of a sudden on 27 aug 2012 she came my house without elder son and with many villagers to create a drama.she and her mother abused a lot.breakdown lock of bedroom etc.and remains in my home for 12 days.inthese 12 days her behavior was very abusive.all neighbours are its witness.0n 9 sept 2012 .i said her to call back elder son(8.5y) as was her parents promised while leaving her back.but she refused & abused.hit me with iron hammer and run to police station.after two hours when her family members came they withdraw police complaint and took her back stating she have to given her jammu jbt exams.and she will come back after exams alongwith elder son.later i asked to police if they had any diary no etc but they refused for any diary no.but her exams are over on 3 oct but she is not back .any of there people is not responsing.all of social persons of their side accepted their fault??now inlaws are threating me again? i tried a lot to save marriage but now i thinks it is broken down irreversibly .my questions are (a) if i file for divorce now her 2.5year disertion will be counted? (b)is court consider this 12 day stay as pre planed to discontinue disertion.?? (c)i need divorce and custody of elder son(8.5y) how should i proceed??? (d)if they file again false cases like dv/498a etc,,are they maintainable in court of law???? please give advise.regards.
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Amendment of divorce suit at the stage of appealappeal
Ld Counsels,
Is it possible to take an alternative prayer in appeal of a divorce suit, suit for divorce was filed if the same was rejected can an alternative prayer for annulment of marriage be made during appeal.
Kindly clarify the provision of law for amending original suit in appeal.
Thanks in advance