My friend’s father has died recently; in his will he has nominated his only one son as his legal heir for his flat located at Kurla. However he has put the condition that my friend cannot sell, transfer or rent out the said property before marriage. Besides that if anything happens to my friend this property will get automatically transfer to my friends three aunts who are unmarried and was living with his father in that flat. My friend’s aunts also own one more flat in Vashi which was received by them from their parents and they are living their permanently. Further his aunts has the original copy of will with them surely but they are not ready to hand over the same to him with an intent to not allow him for getting the benifit of same / for smooth execution of said will. further all the executors of the will are not alive anymore. so what will be the legal remedy for the same? can we approch police authority for the same?
Mihir Gohil
29 October 2012 at 12:01
Dear Sir,
First Happy Dashera,
We are two brothers, in 2009 we sold 1 properties at south bombay. properties name holder are my mom at the same time we buy a 2 new properties. 1st holder are my brother and second holder My Mom In Properties No.1, In Second Properties First Holder My Self And My mom. the all investment done by my mom only. now the problem is my big brother not leaving with us and he does not provide any consideration (Monthly payment) to my mom.
in Agreement we not shown for any % between my mom and my brother. now my mom said we sale those properties and take the money from him so what to do now please help
Raj
28 October 2012 at 16:49
I filed divorce case in Mumbai Family court a year back. After mediation now the settlement agreement is signed and sent to court by Mediator. Affidavits are also signed by both me(petitioner) and my wife (Respondent)with form duly filled for converting divorce petition to by Mutual consent. Now Respondent is finding some excuses to withdraw her consent.
Is this possible and can this be consider as contempt of court ?
Sarafraj shekh
28 October 2012 at 16:24
Sir...
Mera naam sarafraj hai; mera child marriage hua tha jab meri age 10 years thi; means 1995 me muslim shariyat k hisab se mera nikah hua;
mera gauna 2010 me hua tha; me ghar pe ab tak wife k sath puri tarah 3 mnths b nahi raha hu;
me us se divorce leke dusri muslim ladki se nikah kar sakta hu kya...?
;
ya fir me bina talaq liye 2nd marriage kar sakta hu kya...?
Talaq aur 2nd marriage k bare me muslim law kya kahta hai;
plsss sir mujhe bataye... Ho sake utna fast rply de;
thanks sir.....
Sarafraj shekh
I filed Divorce case under Section 13 (1) (ia)(ib) of Hindu Marriage Act, 1955
While trial Showed only separation 8 years, respondent also admitted separation 8 years, but petitioner failed to prove cruelty, hence The Hon'ble Judge dismissed the same
My Queries:
May i file again Divorce case under ground of separation only before the same court.
If i file Revision, the judge may be dismissed the case.
Kindly give advise dear experts.
I will be waiting for your valuable reply
Kolhapur
28 October 2012 at 09:49
My mother was born 1944, married in 1964, died in 1974 before her father, our grandfather who died in 1975 leaving considerable assets including house and land (which was never shown to us). Eldest brother, our maternal uncle, misappropriated his late father’s assets by sheer bullying and by taking signatures of other sisters to quit claim. My mother had not signed any such a document. Me and my sister for years are in the US and my uncle unbeknownst to us and our father partially disposed off some lands and remaining misappropriated as my grandfather died intestate. Finally case was filed in Kolhapur civil court in 2011. During my recent trip, I discovered that our current advocate neither served opposite party nor made any motions to seek court’s help to serve my uncle. My NCP member uncle who is alleged to have dodged service attempts. Now my current advocate says court is contemplating legal issues ( for 2 years) and he will get order probably saying Plaintiff/us to comply with coparcenary requirements. I spent moneys to get records at the time of grandfather’s death, however seems like advocate is not able to convince the court. I wrote to NRI cell, State Bar Council and Appellate Authority of the Bar Council of India, Mr. Apurba Kumar Sharma who I believe is responsible for enforcing Information Act for their advice. I will appreciate if you give me expert advice if I have a case and what is my recourse given the state of Indian Judiciary.
my friend had done marraige through well known matrimonial site. she has All coorespondance in her mailbox. but now in court her husaband is not ready to accept that he had done such correspondance. so,how we can submit our evidance in court? is the cyber police can become helpful to present our case in court?
rajveer
27 October 2012 at 22:32
i am a hindu guy.in 2005 i got married to a muslim girl under special marriage act 1954.but in 2007 she got married(nikah) to a muslim guy forcefully by her parents.but now she wants to come back to me.is her nikah legal?what shoul we do?please suggest. is her marriage null and void?can her parents give police complain against me if i will bring her?should i go to police when she will come to me?how to prove her marriage is void?
Maintenance ... .. . . .
Wife was deserted from January 2010
Wife filed M.C. under Sec 125 Cr.P.C in june 2010 claiming maintenance from the date of desertion
Till date no interim order has been passed and the application is still pending
Now salary of Husband increased..
a) Can wife file a new maintenance case under Section 125 Cr.P.C for future maintenance ... i.e from July 2010?
b) Can a suit be filed against a husband for maintenance?
i) can salary be attached for maintenance?
ii) can ask a prayer for arrears of maintenance?