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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Nirmal   14 August 2012 at 15:30

Transmission of huf demat account

My father had a demat account in the HUF name. He expired in March leaving ME (Only child) and my mother as the co-parcerners.

On request for changing the karta name, the DP is saying that as per Section 6 of Hindu Succession Act 1956 , I need to submit a succession certificate from the court. They say that once the KARTA dies, the HUF has to be partitioned.

As per his WILL he has authorized me to operate the demat accounts.

Kindly advice.

anjalee   14 August 2012 at 14:20

Sir its a request

sir how i get maintaine if it is more than 250000rs bt he refuse to pay?

virendra   14 August 2012 at 14:20

Property papers

Hi Sir,
This is virendra kumar singh and i got a flat from my father who had compleat funded in the name of mine ( ragistry in the name of mine) but due to some family desputes all original papers with my father.At the time of possesion my parents lived with me but due to desputes Now my father & mother staying with my brother. Now he is not ready to handover all the original papers and i want to sell my flat.. So i want to know how can i get my original papers from my father ? Can i go through legal complaint against my propery? please support and suggest me..

Member (Account Deleted)   14 August 2012 at 13:10

Police verification /498a

I am a victim of 498a.My wife have falsely FIR agains me.
I am in bail now.I am software professional ,i change company
frequently.Every time police verification is done , company
frequently ask if there any police case againts me or not

In this situation would 498a /406 will effect me ?
Will police verification fail ?if it is what to do ?

bindaasindian   14 August 2012 at 11:57

Maintainence after divorce

Hello,
I had filed for divorce (on mutual consent) in 1999,my ex-wife was present at that time of evidence ,and the divorce was granted on mutual consent.
After 7 months she filed a case against me stating that i cheated her and created a fraud.This case went on for 2 years and finally i won it. She again made an appeal in the High court,in this case also she lost.The report of this case has been published in the books of the high court .
She did not stop here she again made an appeal in the honourable Supreme Court. She lost the case there also.The findings of the case were that Order under challenge does not require any interference ,except child custody.
She then filed for child custody,which also she lost even in the High court.My child is now with me and he is very happy.
After losing out on all these battles her parents and her brother (who is an advocate by profession)out of sheer frustration and with the motive of harrasment used their last weapon ,that of maintainence.She filed for maintainence in 2007. At the time of divorce it was clearly stated in one of the clauses that as she is very well off she does not require any maintainence,and she will not make any claims for the same.I want to bring to your kind notice that there is no dearth of money in her family,as her future is very very secure and she is very strong financially.On the other hand i am weak financially.I am living in a rental apartment and my shop is also rented.I have no properties also on my name.Also that the maintainence would be just peanuts for her and this is only a way of harassment,which i am going through since 1999.
I had filed my income tax returns 4 years back for 1 lakh 20 thousand,which i have submitted in the court.since then i have not filed my returns as my income was very low,for which her lawyer has stated that i am earning more and showing less.For which they dont have any evidence.But the actual truth only i know ,with great difficulty i manage to make both ends meet.
The case is in the court, Which is now in the last stages of arguments.
I request you to please suggest some remedy which can help me out in this case,where i can actually wade off this maintainence.Also if you could suggest some past cases which could be used as references.
I am sure your valuable advice would provide some helpful guidelines in winning this case. Waiting to get a reply soon.
Thanking you
Bindaasindian

Member (Account Deleted)   14 August 2012 at 09:04

Domestic violence act

My wife is Govt Employee , she gets good salary, office qauter, medical , bonus all.
But during 498a/406 police searching she claim a huge (honestly we have no such ornaments or
other things) ,1/3rd of her list were found.
If she file Domestic violence act , we have to fill her all claim or not ? if she claim the all , what to do ?
we have no such capacity ...? she have no proof what she is claiming

JAIRAJ   13 August 2012 at 18:35

Child custody and maintainence to wife

I have filed for divorce against my wife in 2008,and for custody for my kid,but after 3 long years court has ordered that after every alternate court I can meet my kid only in court premises only for 1 hour for which I had made an appeal for the review,which is still pending what should I do I have not met my son since the day I have filed for divorce.

Also 423/09 court has ordered an Recovery of 95000/= from 2009 till date,maintainence of 2400/= in 175/08,also domestic violence of MA 248/12,she has also filed for PAST,PRESENT &FUTURE MAINTAINENCE OF 5,00,000/=.

I want to ask the forum that I do not want to pay any amount to my wife for my son I am ready to pay (only if I get custody or accessebility)what should I do.

If I am not paying a single amount what will happen,what should be my answer to the court or how do I approach for all the above points in the court ? Please suggest me what should I do ?

vignesh   13 August 2012 at 16:00

Divorce

sir,i have married in 2003 . now im living with my wife in my house without talking for the past six months .for the past 9 years , i have met so many harrasment from my wife . so i have to decide , divorce , please guide me .

Member (Account Deleted)   13 August 2012 at 10:32

498a & child custoty victim ,please help

Dear Sir,
I am a victim of law in family matter.
My wife is residing in her parent house from sept'03,2011.She is
a government servant .I have a 18 month old son,
she was not allowing me to meet my son as i was not ready
to stay his parents house

Incident
1)I suit a case , claiming child custody .My lawer advice me to put
a point that 'All ornaments she has taken with her',the case first
hearing is 31'Aug,2012

Incident
2)I send several letter to come back home (registerd with ad ), send
several money order for my son , she rejected , records are in my hand

Incident
3)After 11 month 4 days she file 498a/406/34 in the groud of mental toture
over phone .1/3 of ornament that she claimed have been size from our home by police
and i was bailed in 4 days

Her lawer is thaering me over phone that
a)give mutual divorce either they will suit DV act as all ornament have not
found and send me and my parents to jail for 1 years

b)As i have mention in child custody case that 'All ornaments she has taken with her',but
during police search(406 act) some have found , he will show cause from court and send me jail again

c)He also theating me to withdraw child custody case


Please advice
a)how to Avoid lawer theating ?
b)What to do with the point 'All ornaments she has taken with her' , if the show cause me ?
c)Is there any chances of getting impresonment if she file DV act(she is govt employee) ?

G.S. Nagaraj   12 August 2012 at 18:04

Section 6 of hindu succession (amendment) act - 2005

On 9/3/2005 father and his sons divided thier joint family properties by way of registration partition deed. As on the date of registration partition deed, daughters are alive and are not the parties to the said registration partition deed. Whether the daughters are entitled to file a suit for partition by canceling the registration partition deed dated : 9/3/2005?