vijaya kumar t
18 July 2012 at 14:20
how can i get my share from my grand father's property (in tamilnadu) transferred to my grand mother's name after 1973(after death of my grand father)?
situation;1.i married my father's sister's daughter( she has one mentally challenged elder sister not yet married and one married younger brother)without my parent's concent.
2. my father's younger brother died in 2004
3. my grandma died in 2006.
4.myfather's youngest brother got registered settlement from my grand mother at the age of 92 without others concent in 2004 and sold the property to a third party (after my grandma's death).
5.my aunty with othertwo female heirs(mother of my wife & their sisters) filed a partition case against my father and other two for equal share of my grand mother's property in 2009.
6. court has passed a degree to appoint a commissioner for sharing the property equally to all 6 heirs in 2010.
7. actually there are 7 legal heirs, one of my father's sister died in1972. that time she was having 2 daughters(alive) and one son(died in 2000)
8.my aunty got legal heir certificate for only 6 persons omitting the died one. with that legalheir certificate court passed degree to share for 6 heirs.
9. my father is insisting that being the eldest he has served the female heirs with lot of dowry during their marriages which had taken place before 1979 and they are all seperated and not allowed to ask share because they are all not coming under the mitakshara and the property should be divided only to the male heirs.
10.my father has not filed an appeal to the degree because of his financial problems and age.
11. he is not willing to to give power of attorney to any one of his heirs.
in this condition how can i get share from my father's share?
P Kumar
18 July 2012 at 08:52
I got married with a girl in Arya Samaz in Delhi last Oct-2011, but never registered marriage in any court. Both of us didn't informed to our family at that time. We never lived together before and after the marriage (even not for a single day), also we didn't have any relationship between us. Now both of us wants to separate. I asked the girl about mutual divorce, but she didn't wants to get divorced because none of their family member knows about marriage. She wants me to just left the matter as it is, but my all relatives knows about this marriage. What is the best way of separation? Will annulment or nullify of marriage is possible in this case?
Niny
17 July 2012 at 21:27
Wife of my Muslim Friend filed Divorce Petition under u/s 2(ii)and (viii a) of Dissolution of Muslim Marriage Act, 1939.
She also filed Ex- 5 in same Petition for grant of Ad interim maintenance as Ex-5.
[ She had not claimed under 125 cr.pc. ]
What are chances for her to get interim Maintenance, as iddat period is 3 months after Divorce, and she is not a divorced wife.
sasikala
17 July 2012 at 20:52
these days marriage became a game of the fools of false prestige. a little clash or conflict - leads to the doors of court. The court can't join the wife with husband. it can't rebuild or try to rebuld, atleast giving them a chance to be together for someyears and rebuild their wedlock life. because even the old couple of 90 years after their 60th wedding anniversary, blame and point out each other of each one's faults, but with love and affection. Why are the elders making the couple victims of their false prestige? how can we reglow the rainbow hues of wedlock life? in my view there are some points to focus.
Amit
17 July 2012 at 18:45
A Family House in the Name of Mr. A (30 Ft X 50 Ft )
Three Sons X,Y and Z,
1. X has been living in a portion constructed on (10 Ft X 50 Ft)
2. Y has been Living in a Portion build on 1st Floor of the 1. above
3. Z was living on rest (20X 50 Ft) of portion
now in the will Mr. A stated that the portion in which X Y and Z are rightful occupation and will be living will be their righful occupation ..
further now Z wants to relinquish his rigths for an ABC sum of Rs. which is to be paid by X and Y equally...
Q1. Is it necessary to get the property registry done in the name of X (15 ft x 50Ft) and in the Name of Y (15 ft x 50Ft)? i m not in favour as it costs much...
Q2. Will a Family Partition Deed (Registered) mentioning the all above arrangement will do.
radha raman karmakar
17 July 2012 at 15:22
Honorable Advocates & others
My wife having mental disorder problem which was detected one month and 15 days after marriage ceremony and revealed it to me that it was existent before marriage and it was cunningly made by her parents.
However here my question can wife claim maintenance after nullity of marriage?
Thanking you
Radharaman karmakar
(Adv.)
sumit
17 July 2012 at 14:51
I am widow having age 65 years living with two sons both of the son are married and they having their childern. one of my son is notorius. he play gambling. he has lost most of the his money. Now he and his in laws forcing me to sale the property. I never want to sale the property. i am the owner of the property. i have two daughter also.
i want to ask that
(1)i want to disown(bedakhal) the my son from my property. what is the procedure and document required for disown(bedakhal)
(2) my son threaten me. what are the safety/precautionary steps can be done by me to save from him.
(3) My son is living in one of the floor of my house with their family. i want to vacant that floor also.
Please guide me
C.Anbalagan
17 July 2012 at 14:42
Dear Mr. Anirudh,
Thanks for ur detailed explanation. Regarding my 3rd question will u please explain further ( suppose if i write a will without giving any share to my daughter, whether she or her heirs have any legal rights on the property).
Thanking u,
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Chief examination affidavit
sir
in a suit, the defendant has filed chief examination affidavit, but failed to enter into witness box. though sufficient opprtunities were given to the defendant, defendant avoided witness box. in the suit judgment, the hon'ble court has stated that as the defendant has not entered into the witness box, the chief examination affidavit can not be considered and it is to be treated as unchallanged chief examination affidavit. It is also further stated that the chief examination affidvit is Eschevied or something. sir what is the meaning of eschevied?. now the defendant has prefered an appeal in higher court, by taking the above as a ground, that though chief examination affidavit is filed the lower court has not considered, it should be considered at this stage.
sir if the defendant avoided entering into the witness box,the high court will consider the chief examination affidavit or consderes as unchallenged only as lower court taken decision. is there any Supreme Court citation with regard to the above unchallanged chief examiantion affidavit.