Naresh Kudal
28 April 2012 at 12:00
Mr. A's mother has expired about one year ago living her two sons A and B and her husband as her legal hairs. On the time of death she had many movable and immovable properties in her name.
Mother and father lived with one of their son B and A was not aware with the particulars of properties of his mother. After her death all related papers are in B's possession.
A's father and brother don't want to give share in property to A that's why they are not disclosing any details about properties.
A gave notice to his brother and father to declare property details but they didn't replied.
Without details A is unable to file suit for partition. Now in the given case what should A do to get his share in mother's property? Please guide.
aisha
28 April 2012 at 10:06
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .later 3/4 yrs i came to know that my husband had contracted 2nd marrige . I fled a complant in high court in 2002 and my husband denied marrige with me and admitted that he is marriad to othr lady in nov 1996 , in 2004 i moved a complant in dist court u/s 376 and case was registered against him . in 2005 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and refused of any other marriage . He also gave affidavit of that lady in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites. As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 saying that i am hs legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006. In reply to divorce petion my advocate stated that my 1996 marriage was not legal and i got married to him in 2005 ( altough i have signed that but i dont know why he stated so) but when my statement was recorde i correctly said that i got married in 1996 and remarried in 2005. Lator on same pettion was withdrawn by my husband in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . Now i have filed maintenance u/s 125 and bigamy case against him.
Now he has taken stand that i am not his wife since 1996 as she herself i sated so in divorce reply. He is married to the second women only .
Plz advice me if my statement in divorce proceeding dientitle me as legally weded wife.
Is the seesion judge finding that 'i am his leaglly weded wife' no more effective.
plz advice what should i do?
rahul
28 April 2012 at 09:38
my father had made a family settlement deed with his eldest son
and givem him flat and got it registered in his name by getting the family settlement deed registered. Memorandum of family settlement was entered earlier between father and eldest son in which the eldest son had agreed that after getting this flat he will have no right claim in any other property of his father.Memorandum of family settlement was made part and parcel of the family settlement deed at the time of registeration of the dded. My question is now after the death of father does the eldest son have succession rights on the property of his father or does the family settlement deed restricts him from succession rights it does restricts his right kindly sepcify clearly UNDER WHAT LAW OR SECTION HIS RIGHTS ARE RESTRICTED will it fall under indian contract act 1872 or indian succession act and the property self aquired by father now when i have given that family settlement to patwari my elder brother is asking the patwari not to conider that family settlement and that he should get succession right in his father property which in memorandum he has no claimkindly suggest me what to say to patwari or otherwise what should i do can the doctrine of estopel restrict him from succession rights
rahul
28 April 2012 at 09:34
Sir I have question regarding my fathers 2 will\'s which is as follows
in my fathers latest / last will he had mentioned that he has three
sons and two daughters who(daughters) he has married and given them
their due share at the time of their marriages and now they shall have
no claim in my property.Further he has mentioned about properties in
two different places and how they will be given to among his three
sonsand wife .But he forget to mention about one property in solan Now
my question is does the daughters have right in the property at solan
even though he had mentioned that his daughters will have no claim in
his property.
Further he had also executed a will earlier in which he had mentioned
about the property in solan and to whom it should go but in his latest
will he has cancelled /revoked this earlier will .So can i produce
this early will for the property of solan which is not mentioned in
his latest will
lancy
28 April 2012 at 04:10
dear sir/experts,,
i am in kuwait,my wife has filed false dowry case on me and my family,and my all family got bail agaist that case and as i am in kuwait i still not applied for bial not i presented myself in police station,i am planning to go on vacation by december.but now police started investigation and they asking me to come down to india for few days vacation but i cant go now on vacation.so what are the consquences if i not present myself in police station?or if i apply for bail before i go vacation and then i present myself in police station,is there anything problem to come back to work?as my wifes family may bribe police to block me from traveling? if police find no evidence thru investigation that there is no truth in that case and they can file B report to court with out investigating me? so i can get clean chit too? i am afraid my wife or her family may do something cheat as i cant travel abroad and loose my job.plz advice.
than you in advance.
abhinav3060
27 April 2012 at 23:49
have a super duper nice day in heaven???
Rawinder Randhawa
27 April 2012 at 23:21
Hi
I would like lawyers who are near Moga, Punjab to contact me. Basically there was an exparte hearing and I need to get copies of Divorce decree.
I will give details to the lawyer I choose
Thanks
Miss Rawinder Randhawa
minsal
27 April 2012 at 22:49
Sir,
a wife has filed a case for maintenance against the husband (Our Client). the husband is doing job in a multinational co. wife in her application, made false allegations against the husband and showed a huge income of husband. but as the allegations are false she can not prove. she therefore send a notice to her husband through her advocate and demanded copies of husband's salary slips, copy of passport, bank account's (Individual and also joint with other family member/s), debit/credit card details, details of FD and other investments etc. the husband does not wish to furnish the same as he said that he does not wish to give knife in the hand of her wife to stab him. he said that he does not have a huge source of income as falsely alleged by his wife but his salary is very handsome.and if he furnish the details his wife misuse the same against him.
what should we do?
Please guide us.
mrgop
27 April 2012 at 21:38
This is a request for further clarification on the query & answer quoted from another post by Mr.Amit.
"suppose :
sec. 9 / 10 / 12 / something u/s 13 is filed in court by husband / wife.
At a later stage,
can these petitions be converted to sec. 13 B; without withdrawing the original petition ?
or
is it a must to withdraw the previous petition & file a fresh sec. 13 B petition ?"
The experts agree on the point that petitions filed under sections 9/12/13 can be amended/converted to sec 13B without withdrawing the original petition.
Suppose:
Wife filed annulment petition under sec 12 on husband's impotency, and at later stage it is converted to sec 13B on mutual consent. Then on second motion wife withdraws consent/not appearing in court in subsequent dates.
Now, can husband reopen the original petition under sec12 filed by wife?
Or will it be automatically restored to last stage once the 13B get dismissed due to withdrawal of her consent?
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inheritance of property
'A' and 'B' are the only two childerns to a father 'C' . A is male and B is female, Both are married in 1976. The property is in the name of , 'C's wife-,D', which was purchased by 'D'. Now D has been died back at 2006. and son ' A' also died recently. ' A' son got one daughter and 'B' has 3 childern. NOw the father -C is with Daughter- B, now dispute is who will get the property which is in the name of Her mother-D. Please advice .