kavksatyanarayana
16 September 2012 at 09:01
sir,
1. The property acquired by your father in his individual name he may dispose it as he likes i.e. either by will or gift(settlement).
2. The properties acquired by your father in the name of your mother, she is the owner of such properties as per sec.14 of H.S.Act and she may dispose her properties as she likes either by will or by gift (settlement).
And regarding ancestral property, all the family members(except your mother, untill your father alives) have right over the ancestral properties. But your father made a will, hence it should acted according to will.
kavksatyanarayana
anish
16 September 2012 at 08:18
Apart from his own properties, my father during his life time had acquired several immoveable properties in my and my mother’s name. They were never purchased with cheques/funds directly from my father’s bank account or by his money directly. Either they were purchased from our funds or sometimes father would loan us money to purchase property. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL. After his demise my father’s properties are transferred in my name as per his WILL.
Now my brother has filed a suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family and asked for partition decree and injunction order restraining us to deal with property. None of the properties are in his name. They are either in my name or in mother’s name.
1) Is his claim valid?
2) Even if we had taken loan from father to purchase properties in our name, does father and hence my brother has any title over it?
3) Can these properties held/owned by members of a family in their own name/ownership form part of Joint family property?
4) Hypothetically even if my father had directly purchased property from his funds but in our name, would my father and hence joint family of my father gets any claim over such property?
4) Is there any law which covers this situation?
Member (Account Deleted)
15 September 2012 at 22:10
Is a Pre - nuptial agreement valid in India? If the parties to the marriage satisfy all the requirements of a valid contract and enter into a contract agreeing not to claim any share in the property of each other, will it be a valid contract?
Nancy
15 September 2012 at 21:15
Dear Experts
My friends husband left her in Jan 2011 after filing divorce in Nov 2010 and a lot of attempts were made by her parents to reconcile ,but boys family was not ready to listen .In Nov 2011 ,boy was granted ex-parte divorce as girls side didnt protest nor appeared in any court proceedings.
Now this ex-parte divorce decree which has been granted to boy is valid for girl also.
Can we get her married again now -does the ex-parte decree entitle her to marry again .
I mean will she be treated as divorced.
rohan sharma
15 September 2012 at 18:03
Dear Expert.
I was married 2 years beofore. I was affectionate to my wife . After 2 years she returned back to her parents home for delivery. After delivery she refused to return back. I make her understand but she didt listen. So i filed section 9, but she get transferred the case in their city. Now case has been transferred around 9 months before but till i have not recived any notice. Immediately after sction 9 , she filed 125. In mediation of section 125, she agreed to return back on certain conditions which were only her desires, which were not acceptable to me. But as i was loving and caring to my wife, so i agreed her conditons which were in printed format. We both signed that. And section 125 was withdrawn by my wife. Then she start living with me, Again after 6 months, just one month before, she returned back at her parents home, as she dont wanted to spend her life with me in small city. When she going back, I informed to police and police take her statements as she is going at her own will, as he dont fullfilled the conditions which were mutually decided in mediation of section 125. After going to her parents home she again filed 125. Now i have been so much fed up with my wife, that now i too dont want to live with my wife. when can i file for divorce ? what should i do at this stage. I am totally confused, Please guide me. Looking for your valuable advice.
Rohan
harminder singh
15 September 2012 at 12:50
I was adopted by my Aunt(My Biological Mother's sister) through legal papers in the prsence of My Uncle (My biological Mother's brother).I am the only son of my parents who adopted me. Everything was good till my marriage. After marriage there was a clash between my parents(who adopt me) and my wife.Now they want me to let my self out of the house with my wife and my 3 years old son and 20 days old new born son. And they do not want to give me any kind of assurance whether i have some property reserved for my future or not. Now i am only a computer operator without graduation, and my monthly income is 8000/-only. My wife is not doing job. I have two children to with survive. I personally want, to be with my parents and with my wife but now my father (who adopts me)6 months ago hit on the face of my wife and situation got worse. My wife dont want to leave the house untill they give some property to me on my name. I am badly jacked in the situation. You are requested to please let me know if there is any legal way to sort thing out so that my future will be secured
sweta salunke
15 September 2012 at 12:20
my husband file adultery .he has lots of proof against me .how to defense him.
Puneet Bhardwaj
15 September 2012 at 11:51
Sir today my lawyer is applyng for AB.IO has told me he will not file complaint against my parents. He will move the file next month to court. My lawyer is saying AB will be thru by Tue, wed.
In the meantime my wife's chcha has called my fathr to meet separately alone.Should my father go to meet?
Our next dt is 5th Dec for DV. If my father goes alone who 62 yrs old, he chacha is goon type. what precautions we should take.
Thanks in advance and waiting for prompt reply.
Regards.
Puneet
rajiv_lodha
15 September 2012 at 09:12
If somebody lies under oath, he can be prosecuted for perjury. But what about lies told & recorded in cross examination?
If a person records fact A in cross examination and you have documentary proof contradicting this fact A, can u put sec 34o on that person?
What is the best way out.
1) Producing this documentary proof as soon as he records fact A during cross
2) Bring this up in arguments to disprove his evidence/statement
3) Applying for sec340 on next possible date?
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Section 9
hi,
my husband has put a case of section 9 and child custody against me and both my children .my eldest son is 9 and my daughter is 3years .my husband has left our house 2years back .court granted a maintainance of 30,000 rupees per month .he is not giving that and 4 warrants have been issued against him.
recently i hav put 498a thru high court bcause i never got justice from police .running around to submit evidence .domestic violence case is also going on .
after such a long legal battle can court direct him to stay with me and can the custody of both my children b granted to him ,since i am not the one to desert him . he was the one who deserted us .