Family Law queries [Resolved] [1332]

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Anonymous 02 September 2011 at 20:10

Father had no legitimate sons - very urgent please

Hello Advocates,

Seek advise.
My father has married first wife after 1955 only.
As he does not like her and issue less.

He decided to marry and married second wife and blessed with two Sons.
Then Father died.

So, in this situation where the first wife does not have sons( No Legitimate sons) and only sons born out of Second wife (Marriage was happened as per Hindu customs) shall become Coparceners properties held by father (only property comes from my Grandfather upon death as inheritence)

Pl. advise in this situation where there are no legitimate sons...any special clause that, the sons born out of second valid marriage can be coparceners.

Pl. suggest the latest decesions on this.
It is very urgent please help.

Thanks in Advance

Regards
Ramakriishna.

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seema 02 September 2011 at 16:24

Maintenance for the wife- urgent help!!!

Respected experts

Wife filed a petition for RCR u/s 9 of HMA 1955 before the family court. Husband entered appearnace and has filed the WS strongly contsting the case on various grounds. Case fixed for last counselling of the parties. Wife needs money . what is the best remedy under the law which is available to the wife?. please guide Thanks in advance.

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Anonymous 02 September 2011 at 15:59

What should i do to protect from 498a

Hello!

I have been married for 3 yrs & had differences with my wife. But I have never treated her badly.

My wife had gone to her Fathers home and didn't return. Later my In laws came and said they wanted divorce.

Now they are demanding all her belongings backs (including valuables) and have hinted for a compensation of 30L. They are pressuring us by telling law is in their favor.

Please guide me what should be done & how to protect my family from false charges.

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Paras Jariwala 02 September 2011 at 01:03

Property and insurance dispute

Sir,

During my life I gave many time a good amount of money to my father in law and after his death, I helped to my brother in law also.

He has a boy and he is 6 years old.

Now the tings is that last year my brother in law passed away by a serious accident.

He had many insurance policies in which the nominee was his wife.

Now after his death and after received a huge amount from the insurance company, the girl went beck to his father's home.

Now person's mother ( my mother in law ) is alone.

In this situation is it possible for her to claim for some percentage of insurance amount from that girl ?

One more thing is my brother in law did not hold any personal property. The house in which my mother in law lives was made by my late father in law.

In this scenario, is it possible that the girl may claim for a house ?

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Anonymous 01 September 2011 at 22:43

Taking custody of own house

Respected Friends,
I am 75 years old & live with my younger son. I have one House where I had allowed my Elder son & his family to stay. My Elder son passed away a year back. Since then daughter- in- law went to her parent & locked my house & taken keys with her. She neither giving back keys nor coming back to stay or even not ready to talk and asking money instead from me.
I want to take back my house but scared that if I break the lock she may complain in police. How to deal?

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VIJAY K. TEOTIA 01 September 2011 at 20:54

Will

An unregistered will executed pertaining to three residential property situated in three different states. The address of the writer is mentioned in the WILL of Delhi. The property is in UP, HP, PUNJAB. Besides residential houses, there are provisions for jewellery and shares. all the property have been given to her husband and the only daughter.
my question is how to get the WILL probate and at which place. whether can it be probated at any one place of the property and by obtaining certified copy of the probate, the rights can be obtained in other properties, shares etc.

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Anonymous 01 September 2011 at 20:38

Adoption

PLEASE SUGGEST WHAT DEFENDING COUNSEL CAN DO... FACTS OF THE CASE ARE AS FOLLOWS:

22 April 2008, Pari a six months old child was given in adoption by her natural parents Mr D. K. Bose and his wife Mrs Sonali Bose - to Mr Ajay Singham and his wife Shalini, the real sister of D.K. Bose. The Singham Couple was childless so they adopted Pari from the Bose family, out of trust, faith and confidence. A ceremony of giving and taking of the child was performed in presence of friends and relatives. A draft of adoption deed was finalised by the parties under their signatures, but the final deed of adoption was never signed. After 22 April 2008, the child has been under the care and custody of the Singhams. The Singham have been educating the child in the best possible educational institutions. The child takes the name’ Singham’ in all school and other record. The child is not even aware that the Bose are her natural parents.
Pari is the youngest child of the Bose couple, the elder two being Prafulla and Prachi. The Bose family are residents of Singapore. The Singham are residents of Nagpur. On 22 September 2008, the Bose family also handed over custody of Prachi to the Singhams because the Mr. Bose was going through severe financial constraints. In 2010, they took custody of Prachi from the Singham and returned with her to Singapore. They let Pari be with the Singham, and never asked for her custody.
On 1 January, 2011, Mr. D. K. Bose came to India and took Pari to see a relative of theirs at Ramnagar, Nagpur and promised to return with Pari on the following morning. As they did not turn up, the Singham made hectic attempts to locate them. The Mr. Bose then threatened the Singham. Mr. Singham then registered a police complaint at Ambazari police station. Mr. Bose brought Pari to the police station. Here, Pari pleaded her unwillingness to go with the Bose family and repeatedly addressed the Shalini as her mother. In the circumstances the Bose couple were compelled to hand over the child to the Singhams. In a settlement made on the occasion, Mr. Bose agreed to pay to the plaintiffs Rs 6000 p.m. for the education of Pari, which amount the Bose couple continue to pay.
On 10 July 2011, The Singham were threatened by Mr. D. K. Bose once again to remove Pari from custody, he also issued a notice to the Singham demanding custody of Pari. The Singham pleaded before him, but Mr. Bose was adamant to take Pari back to Singapore. Hence the Singham have filed a case before this appropriate authority in Nagpur seeking inter alia for a declaration that Pari is their adopted child, and for permanent injunction restraining Mr. Bose from taking away the custody of Pari in any way. The Singhams also seek other appropriate reliefs for seeking guardianship of Pari. Pari was examined by the Judge, and has stated she wishes to stay with the Singham, and does not wish to accompany the Bose Family to Singapore.
The above facts are either admitted or sufficiently proved.
Clarifications
A. The settlement between the parties after the police complaint happened at the police station, which stated:
1. Singham has withdrawn his complaint against Mr.Bose.
2. Bose couple have handed over Pari toAjay and Shalini Singham.
3. Pari shall stay with the Singhams.
4. Mr. Bose requested Singhams that they wish to give Rs 6000 per month out of love and affection, which Singham may utilise for Paris education.
5. Parties have now no complaint against the other.

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Anonymous 01 September 2011 at 19:57

Claim for property

Sir, my brother was married (Court Marriage)
in march 2009 with a girl without the consent of his parents. Even his parents didn't know that he was married. He was shot dead by an accident at Bangalore in November 2010. When his parents went to Bangalore then they came to know about his wife. My brother was not talked to his parents since last one year. And also not give a single rupee of his 2yr salary to his parents. After the death of his son, that girl filed a case against his parents viz. Domestic Violence. While she never lived in our home not for a single hour. I don't know what is the criterion of this suit. She also claimed for the property of his parents.
I want to know that whether she can claim for the household property or not????
While the whole property is made only by his father.

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Anonymous 01 September 2011 at 13:59