SUNIL
06 September 2012 at 16:07
it is written that
in the case of making a WILL-------
The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.
BUT MY QUESTION IS - why "some other person shall sign it in his presence and by his direction" ?
in which situation some other person signs in the presence of testator? if the testator is present then why some other person shall sign it?????????????
this is very unsafe because suppose testator did not tell any one to sign that . suppose he did not make any will.
suppose a wicked , bad person can write a will and sign the will in favour of testator and can take all the property fraudulently.
what do u think?
I can't understand the rule.is it a safe rule?
Ashish Kumar
06 September 2012 at 08:04
Dear Sir/ Madam
Kindly clarify my some points:
I got decree of sec.9 on 31st October 2010 and filed divorce in May 2012. Now the opposite party has filed a miscellaneous case that they have not received the sec. 9 notice so they couldn't appear so decree should be dismissed. Section 9 was filed in Aug.2009 and they never received the notice (intentionally).Although address on which notice court use to sent is the same on which they have received the divorce notice. Court use to sent notices at two addresses one at Noida and the other one at her permanent address. When they didn't appeared for sec. 9 hearing paper publication was done but they even didn't turned up. Though her brother threatened me on phone in which he has accepted that he has received the notice and i have the recording. Even my wife and her brother called my lawyer (when they received notice of sec.9) in which my wife said that she will not stay with me.
I have filed the divorce on the grounds of desertion (sec.9) and cruelty.
Now whether Court will dismiss our sec. 9 decree?
Whether my divorce petition will be rejected?
Court will not consider our plea for Divorce?
whether recorded conversation between me and her brother can be produced?
whether my lawyers statement (conversation with my wife and her brother) will be an evidence?
Paper publication will not be considered?
Ashish Kumar
06 September 2012 at 07:27
Dear Sir/ Madam
Kindly clarify my some points:
I got decree of sec.9 on 31st October 2010 and filed divorce in May 2012. Now the opposite party has filed a miscellaneous case that they have not received the sec. 9 notice so they couldn't appear so decree should be dismissed. Section 9 was filed in Aug.2009 and they never received the notice (intentionally).Although address on which notice court use to sent is the same on which they have received the divorce notice. Court use to sent notices at two addresses one at Noida and the other one at her permanent address. When they didn't appeared for sec. 9 hearing paper publication was done but they even didn't turned up. Though her brother threatened me on phone in which he has accepted that he has received the notice and i have the recording. Even my wife and her brother called my lawyer (when they received notice of sec.9) in which my wife said that she will not stay with me.
I have filed the divorce on the grounds of desertion (sec.9) and cruelty.
Now whether Court will dismiss our sec. 9 decree?
Whether my divorce petition will be rejected?
Court will not consider our plea for Divorce?
whether recorded conversation between me and her brother can be produced?
whether my lawyers statement (conversation with my wife and her brother) will be an evidence?
Paper publication will not be considered during hearing?
stolt
05 September 2012 at 19:38
1.I have been paying interim maintenance of 8000 rs per month as per ACJM order against 125 crpc/ opposite party had asked for 78000 rs per month, self in merchant navy, working on contractual job, they had produced one of my contractual job offer letter dated 2009, mentioning salary-professional charges 7700 rs per day and basic salary 15000rs per month/contract period was for 3-4 months.
2.self had filed divorce case HMA section 13(i),opposite party has asked for alimony under section 24, asking an alimony of 78000rs per month and 50000 rs litigation costs, ADJM barasat court kolkata granted 20000 rs per month and 30000 rs litigation costs.
3.I am shocked,i did not even see a ship for last six months and i hardly go to ship, due to so many cases she has piled against me, 498A/506/406/34 at different courts.
4.My divorce lawyer has mentioned that he his presently a student and studying BBA, i have even given documents sufficing my statements.
5.They have only one contract letter xerox of mine dated 2009, which mentions basic salary 15000 rs per month and professional charges 7700 rs per day.
6.it is true that i earned 2 lacs per month,that moment of time.
7.also my IT return filed for last 2years 2011-2012,2010-2011), gross amount 6 lacs and 5.5 lacs.
8.should i give my IT return for the last two years,when i appeal at civil high court for revison.
what should be done????
vikram
05 September 2012 at 18:36
does a child born from a legal second marriage,(first wife has been legally divorced),entitled to ancestral property of the father
xxx
05 September 2012 at 15:41
My daughter is 4 years old. My husband is asking for overnight access in the court. However, considering the tender age of my daughter, she requires me in the night and can not sleep without me. How do I tell this to the court as there is a high possibility that court may grant overnight access. My daughter also tells her father she does not want to come to his house to stay without her mother.
Pleae give me the reasons that I can tell court for not giving overnight access at this age of the child.
baba
05 September 2012 at 15:34
I am 26 year old and goverment employee, my eleder brother and his wife are a loudly abusive person . They are daily mentally torture me and my parants.
can i legally seperate to my brother.
plese answer my query.
Socialist12
05 September 2012 at 12:51
"our client is ready and willing to join her matrimonial home alongwith her husband, provided your client provides her and her child a seperate house for them as per law, away from the residence of parents of your client, or even our client is ready and willing to join and reside together with your client where he is working/residing now, without leaving her employment, and this fact is intimated to your client several times by our client. Our client ia currently not in a position to leave her employment as she had no financial support from her husband to take care of herself and her child, and his current employment is not permanent, which makes the child's future insecure. Our client informs us that, instead of making arrangement to join our client and her child your client for the reasons best known to him he is indulging in the unlawful act of compelling our client to dissolve the marriage by mutual consent"
The above is the reply for the consented mutual divorce notice.
Earlier in the exchage of mails, the wife agreed to MCD saying NOT A BAD IDEA when suggested that both jointly petition the court for MCD and therefore notice for MCD was sent. Have one female child aged 2 years. The wife for customery sake saying that husband and his parents tortured, gave mental harassment and what not. Both husband and wife stayed together for one year and the wife left matrimonial home exactly one year after marriage. It is 2 years 10 months seperation. wife left matrimonial home Nov, 2009. Husband took a job abroad in March, 2010. Since then he has been calling her to come to his place and live with him. She has not responded. All registered letters sent to her were returned with markings refused.
NOw Is there any law that forces a husband to provide a seperate house, discarding husband's octogenarian parents suffering from heart problems, kidney problems. Is it not a bounden duty to keep the aged parents with him(husband) than going seperate with wife in the same city. The husband does not want to leave his parents at any cost. contemplating to file full fledged divorce petition. What are the problems he will face in the court. He is unemployed and would probably ask for maintenance from his wife who is lucratively employed, drawing around Rs.3,00,000(3 lakhs per month). Wife is having her own palatial home. Husband is having a flat bought under home loan, regularly paying EMIs by hook or crook, the flat documents are with the lending bank and will be released once the loan is repaid. Does the wife has any share in the property. Also
Need helpful advice as there is no chance of getting united. Husband will never leave his aged parents lurking.
raghavendra
05 September 2012 at 08:19
sir,
my wife has filed divorce petition in Bangalore court with out maintenance, than at time of her evidence she filed interim application for maintenance ,i have filed objection to interim application ,
my question is at the time of marriage i have given lots of jewellery to her now how to recover that from her , can i also file interim application to recover entire gold given by me to her ,
thanks in advance
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