hello good day
24 September 2012 at 16:19
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 first initiative to make a DIVORCE PROCEDDINGS.
though they don't file any case, but they do give threat indirectly in suggestive gesture & behave in such a way that one feel they expect us to take initiative .
r under impression that signature of my sister-in-law is necessary to file a case and assume that chances are she herself may not wish to take this matter that far so for that reason only they [her parent] cann't go ahead in spite of their wish and indirect threat.
like to know whether my assumption is true ? or their silence is for other reason to fulfil obligation of the rule of law or say to strong their case ?
is prolonged delay much more benificial on girl's side ?
thanking you in anticipation.
regards.
Sathya Prabhu
24 September 2012 at 12:14
It’s regarding my Grandfather’s property, which has been divided with my father (youngest), my Uncle and two aunts. My father and my uncle are the two major shareholders, so my aunts have been given 10 cents each initially. For getting N.O.C Certificate, my father gave his both sisters 5 cents more and we have got the NOC. Now we have found that my uncle has more share than my father’s. He made adjustments in the documents so that he could take more from my father's share, in that he has even marked a portion of land which is government land. After that my father corrected his document by removing that part.
As of now my father's side document is clear and he has lost around 20 cents to my uncle's malpractice. My doubts are,
1. Does this can be corrected with Rectification Deed between my father’s and uncle’s share?
2. If so, how long it will take?
3. If so, before going to Rectification suit can my father sell some part of his land which is legally my father’s?
NAGARAJ
24 September 2012 at 08:48
Dear Sir/Madam
my father expired 2 months ago and has left behind improper will which was written by himself in a plain paper with his signature. my question is my father was having a self made property of 1 built house which cost about 60 lakhs and 1 site Value about 30 lakhs and one more site which is under dispute. one more site given to my sister which is value of 20 lakh. my father is having 4 childrens, 3 sons and 1 daughter. He has divided the property in this manner
1. 1 site value of about 30 lakhs has been registered to the second son
2. 1 site valued about 20 lakh is given to my sister
3. the disputed site which is not yet registered is also in the name of second son
4. the built house is having 3 floor getting rent and in one of the floor i am staying
According to my fathers will the second son and the daughter is no more eligble for the remaining property and the other property i,e the built house should be shared by the two sons 1 and 3rd in the ratio of 30:70 also to my mother also some share to be given for living
my question
1. will this kind of sharing will stand legaly?
2. what my father's sharing of property is correct?. if it not proper sharing what can be done according to law
3. what is the procedure to make the built house to the 3rd sons name from my death father after giving share to the 1st son
since i have complecated queries i request lawyers to help me out please. i dont know anything about legal issues
shanthi
23 September 2012 at 23:18
Dear all,
He applied divorce one year back. I want to live with him. we have one daughter age abt 2 years old. he forcebly throw out me with my daughter whe she was 1 year old. after that no contact, i lived with my parents. after that i got job in singapore leaving my daughter with my parents in the month of mar 12. he got ex-parte divorce, i came to know this in the month of Jun. i came from singapore and informed the court that i was in singapore. then again i went to singapore. In the mean while my husband planned and kidnapped my daughter in the month of aug 6th 2012. during this kidnapping he beated and hitted my 8 months pregnant sister. he taken my daughter. she admitted in icu in very critical stage. dr informed to police. they gave only CSR. till this time they didnt file FIR. the same time i resigned my job and came to chennai on 07th aug. he applied AB. judge moved to mediation centre. after 10 times mediation he said he cant live with me. but 2nd day mediation he agreed to live with me. and 3 rd day he said i have to live with my daughter separetly near to his house. i agreed for that too. 4th day he asked me to give my passport to him. and undertaking not to leave chennai at any cause. i agreed for that too. finally he didnt come for last 2 days, he sent letter to mediation centre saying he dont come for compromise. I realised that he dont want to live with me..
questions:
I want to file FIR against him. because he beated and hited my siter
he has only visitation rights? what is the punishment to kidnaped my daughter and his cruel behaviour? because of him i loss my job??
what should i do to get my baby from him immediately?
raahat
23 September 2012 at 22:43
Respected Experts,
The above metioned cases are pending before the Hon'ble family court for last 10 years. The accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as well as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent will withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets as per muslim law. The seventh instalment will be paid at the High court at the time of quashing of FIR.
My Quations is :
1.whether above said settlement statement is enough for ful and final settlement of all matrimonial disputes.
2. After this statement can the complainant withdraw herself.
3. Whether the complainant can file DV case
4. Can the complainant or her children asked the share in accused propery or his ancestral property.
kavkaz
23 September 2012 at 21:40
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.
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.
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Regarding a case of defame
can we file a case of defame against my brother's in-laws who asked my brother to get tests to prove that he is not impotent just for their satisfaction. He got married just 3 months back but his wife does not like his attachment for his parents.They keep arguing about it from time to time. Now she (my bhabhi) has gone to her parents home without informing anybody when my brother was busy with my father 's operation and was out of station.
She has told her family that their sexual relationship is not good. Due to which four of her family members came to the hospital where my father was admitted in ICU and asked him to get his tests done just for their satisfaction. He got very disturbed after listening this and does not want to continue the relationship anymore.
I just want to ask whether there is any logic if in future I have to just frighten them that I can charge a case of defame against them.