Sujata
23 September 2012 at 20:51
My husband had passed away . Myself and myhusband owned a flat . It is self owned property by us ( my husband and me) . As I understand myself , my son and my mother-in-law are the legal heir of the flat ( i.e my husband share). my mother-in-law want to transfer her share either in my name or my son name . My son is minor . What is the best way to do . Please suggest
basavaraj shiromani
23 September 2012 at 19:08
Sir,
Please analize the Sec 6 of the amended Hindus Succession Act 2005.
As per Sec 6:
6(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a joint Hindu Family governed by the Mitaxara law, the daughter of a coparcener shall---
(a) by birth become a co parcener in her own right in the same manner as the son.
Here in the beginning it is said that-- on and from the commence of the amended act, whether the daughter gets her rights as a co parcener ? or she should be born after the amended act to become a co parcener ?
according to me the law itself is very clear that the daughter gets her rights from the amended act and she can claim partition whenever she may have born. but in a recent decision from Baombay HC AIR Bombay at page 101 Ms Vaishali Satish Ganorkar and another V/s Satish Keshorao Ganorkar and others it is held that - daughters born after 9-9-2005 would be co parceners by virtue of birht. In this decision there are so many remarkable decisions were discussed, but the approach is little bit in confusion. If you read and go through the Judgment of AIR 2008, Orrissa at page 133 between Parvat chandra Pattanaik and others V/s Sarat Chandra Pattanaik and another it held that Daughter of coparcener in joint Hindu family governed by Mitakshara law gets right of coparcener from the year 2005--cannot be said that daughters treated as coparceners-whenever she may have been born, she can ask for partition in a coparcenery property. And even in a ruling of Supreme Court SLP (Civil) No: 8538/2011 ruled out that the benifits of Hindu Succession amended act are available to the daughters at any stage before final decree proceedings. In this also there are so many decisions alike. Therefore now i am in little bit confusion to read Sec 6 of the amended act. So please analize it.
hello good day
23 September 2012 at 19:02
Sir/Ms.,
My sister-in-law has not been stayed with my brother for more than a year.
Since he is deeply loved her, i understand he won't take initiative to make a DIVORCE PROCEDDINGS.
but cann't understand a silence from her side.
is prolonged delay much more benificial on girl's side ?
thanking you in anticipation.
regards.
basavaraj shiromani
23 September 2012 at 18:45
Sir,
I want to know about the decision of AIR 2012 Bombay at page 101 Between Ms Vaishali Satish Ganorkar & Anr V/s Satish Keshorao Ganorkar & Ors decided on 30-1-2012. Whether this decision is challanged before the Supreme Court. If so what is its number before supreme Court. Please give the details.
asmita0009
23 September 2012 at 17:51
I want to get free legal aid service of Gujarat High court. So, what is the Procedure to get the service of advocate through Legal Aid in Gujarat High Court ? Please send me address and application formate.
asmita0009
23 September 2012 at 17:48
My Husband had filed the Petition.But the court had passed the order for very nominal amount as maintence. Now I want to file Appeal in Mumbai High court, i want to get free legal aid service through Mumbai High court. I had sent application to the Registrar, But after two months could not get the reply. So, what is the Procedure to get the service of advocate through Legal Aid in Mumbai High Court ? Please send me address and if there is the specific application formate send it to me. I am not earning and still appro. Rs. 30000.00 spent for legal matter. My husband is not depositing maintence in court, so to recover the same I had said to my advocate. But they had not taken any steps. So, may I be able to get this Amount from My Husband or may I be able to claim it?
GANGO PADHYAYA
23 September 2012 at 15:35
I would like to know that from when the male and female adoption is mandatory registration required came in to force.
(male is adopted by elder brother from brother (in same family)).
it is happen in 1998 year there is no dispute
Ranganath
23 September 2012 at 14:49
Ld Counsels,
Wife filed proof affidavit and her exmination is going on. Wife wishes to summon husbands father and her own relative as witnesses.
Can she file an application at this stage to summon the above two witnesses. is it mandatory to make the witnesses as parties in the application filed under order XVI of CPC for summoning.
is it mandatory to file the list of witnesses long before the evidence stage.
Please clarify
Thanks in advance.
lissing perme
23 September 2012 at 09:02
Respected Experts,
Is there any codified law of Parliament which governed the divorce between two Non-Hindu Schedule Tribe???
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Matrimonial consent terms
I should not be trapped in any false dowry or domestic violence case in future. I just want to ensure my complete safety and therefore in the RCR petition filed by my wife,
If she wife is ready to reconcile, then what should be included in the consent terms so as to ensure that in future only the court would pop up in between husband and wife to resolve their matrimonial issues, if any.
And that the husband or wife, should not involve any third party other than the court to resolve their matrimonial issues for life long.