Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   03 December 2011 at 17:57

Intestate deceased on female govd by shia mohd law

I have posted this query earlier but unfortunately it has skipped ld. friends for reply


A shia Mahomedan female without any issue died intestate whereby all assets of the deceased goes to the husband and other heirs.

The husband's share gets raised from 25% to 50% (in view of no Issues) and balance rolls back to deceased's father side heirs which includes mother, father and if deceased, brother sisters (according to mahomedan law).

The deceased muslim lady was working in Semi-government organization and estates of single name such as 2 flats, leave encashment, provident fund, gratuity and pension all need to be collectively ascertained and divided towards 50% to the husband and balance to the other heirs.

The husband's advocate is contesting the pension, gratuity and provident fund assets to solely belong to him as per act and rules, the questions arises is that whether the pension, gratuity and provident fund form part of the estate of deceased or are to be dealt independently, but Muslim personal law says otherwise. Which would prevail, and any judgment of the supreme court or High Court will be much appreciated.

The same problem said in a nut-shell would be whether the other heirs excluding husband would have right over gratuity, pension and provident fund amounts of the deceased wherein the husband has encashed the amounts by virtue of a nomination in those accounts.

Will personal law prevail over sub-laws of gratuity/pension/ provident funds in case of a Muslim deceased dying intestate?

Anonymous   03 December 2011 at 16:14

When to file a perjury case?

Respected Experts,
Do suppression of vital facts which hampers the administration of justice, make a case for perjury in a civil suit? If so when can the respondent ( in this case)bring it to the notice of the honorable court ? Before filing the counter? Or after the case is over? Please guide .


kiran   03 December 2011 at 12:23

Petitioner evidence in rcr

Hi All,


I filed RCR, court has sent notice two times to respondent, but they wantedly not receiving.

Today, judge asked for Petitioner Evidence, Please let me know what is that i can submit.

also if anybody has any sample format to submit, please send me to kiran.sekhar@gmail.com.


Thank you
-KN-

Anonymous   03 December 2011 at 10:09

Father's property without will

this is regarding my father's property which is without a will. We are 3 sister's my father expired. now the property needs to be divided.one of my sis is deceased. she has two daughter'I know that the property should be divided among four of us. there is one more issue is that the site consists of 3 floors which one belongs to my elder sis the 1st floor to me and the second to my other deceased sis, as my father suggested. Now I want t know if the house is not there then how will the property be divided/my question is that how will it be bifurcated among us and what are the documents to be used and what document should my mom use to give her property to her grandchild.


if it is amicable then what are the documents t be used to transfer the property to our name. secondly my mother's share needs to be given to her grandchild how does she go about? They have suggested documents like release deed. The Khata is in my mother's name.Is that right?

Anonymous   03 December 2011 at 08:43

Live in relationship

if any person ( boy & girl ) are living in touch with each other and also they are involve in sexual relationship since 7 yrs. then can any of them file on this relationship for marriage if their parents are against of their wish.

Q.1 )what rights have given to such kind of relationship?

Q.2 ) does they can demand for any compensation on this relationship?

Q.3 ) does this relationship given any protection in law.

Anonymous   03 December 2011 at 03:35

Mental torture by husband.

I have been married for last 17 years and have 13yr old daughter. My husband has shifted back to India 1 yr back. He is acting very funny after he has come back. He drinks practically every alternate days and creates scene at home. He shows his dissatisfaction about everything. And critisizes me, my daughter and my mother in law, who is living with us. All this is causing terrible mental trauma on all of us, especially my daughter. So much so that she is not able to concetrete on her studies or other activities. He earns good money, therefore always tries to show that he is superior to us and we are like his servants. He always complains about food cooked at home. We are basically vegetarian, but he expects non veg food at home. He drinks at home and also outside. Fights with people. All this creates a lot of tension. Please advice as to what should I do?

Anonymous   03 December 2011 at 01:07

Father's property without will

Hi,

this is regarding my father's property which is without a will. We are 3 sister's my father expired. now the property needs to be divided.one of my sis is deceased. she has two daughter'I know that the property should be divided among four of us. there is one more issue is that the site consists of 3 floors which one belongs to my elder sis the 1st floor to me and the second to my other deceased sis, as my father suggested. Now I want t know if the house is not there then how will the property be divided/my question is that how will it be bifurcated among us and what are the documents to be used and what document should my mom use to give her property to her grandchild.

dharani baruah   02 December 2011 at 13:16

Divorce against 498a custody of sons

Respected all Lawyers
I request for suggestions from honourable PS Dhingra, CEO and Consultant sir. I am facing with acute problem since 10 years. These are as under:-
1. My wife deserted for 6th. time on 02 Feb 2002 leaving 2 minor sons of 7&8 yrs. I tried to bring her back with many efforts but did not came back. I filed a divorce case soonly. I was order for 700/- self maint and 300/- case maintenance. I was unable and halted for some duration.
2. Mean time she file 2 cases one is for Maintenance, other 498a. I was arrested and got bail.
3. Within short time I got a experte decree 500/- pm in local court and appealed for revival in Dist. court. But I was not considered. Then I was waiting for notice but after more months I did not get any notice from the lower court. When I took queries through my advocate I was told that
the case had been closed as I was not available at home. And I can not make payment on closed case. It can be done by your wife only.
4. Till now I was fighting 498a case. In this case her witnesses were relatives/supporter of anti-social elements. My all enemies were supporting her. On the other hand she was supported by other relative police personnels. I had none to help me. I was threatened to my life and kidnap of 2 sons.
5. For fear of life and children I left my native place and withdraw my sons from boarding school to other metro city and started living with my sons as I am in exile. My parent expired br/sisters married and separate. Presently I am alone with my two minor sons.
6. After three yrs the 498a case finalised on 20 June 2005 and she was defeated.
7. I met my deserted wife to apply for mutual divorce. At starting she was agreed for this so I paid 500/- as first installment by opening a bank account on my efforts. But later on she refused to apply for mutual divorce and threatened me many things.
8. Many times I met my advocate to get start the maintenance monthly amount. But he tells the same thing. Occasionally my wife threatened me to arrest again for not paying the maintenance amount ordered by ipc 125.
9. Now I am helpless. I approached many advocates but every one says that I will be defeated and wife will be the winner in every side.
10 My divorce case unattended for more than nine yrs. The maintenance decree is being stopped. Getting threatening. Helpless. Monetary problems. Sons are studying in class XI. staying in rented house in metro city in Assam. Lack of married life. Everything is being tolerated (secrified) for the sake of my sons.
11. Sons are now 16 & 17 class XI. So I think that now I can fight for my rights. But I am not getting a strong lawyer who can fight for me. ........
12. Before finalize the 498a case she completed the Nursing course identifying herself as an unmarried girl without consent of me and employed in local Nursing Home since then earning money and staying in rented house or Nurse Hostel.
13. I need your forum’s help and suggestions to enable me to come to the social life. Firstly, I seek divorce from the deserted wife who harassed for several years by filing a false 498a case. secondly I want the children to stay with me until they completion their degree courses. After completion of the degree courses they will have the liberty to take decision to stay with.
14. I shall be ever grateful for this kind of help and suggestions.
Your’s
Dharani

Anonymous   02 December 2011 at 12:41

Against lawyer - bar counsel.

My husband's lawyers have come to my matri home along with my husband and vacated the home with his things. Those lawyers have taken all my docs and have read my personal diary too. That lawyer s telling the same to me. To apply for bar counsel, what details i need about that lawyer? What step will be taken in chennai bar counsel? Moreover, i am afraid if i do that, again that lawyer will creat any issues. Any suggestions pls.

Anonymous   02 December 2011 at 11:47

Change of address

I(petitioner) have filed RCR case in chennai family court. But my respondent's lawyers went to my PG (the adress that i have used for court case), and enquired about me. Since its PG they are getting tensed and askd me to vacate teh home. Now i have got ladies hostel. Now i am gonna file DV act. 1) Again will it create issues by his lawyers or police to investigae in hostel?
2)will the change of address affect my case. will they put on hold?