Aghora
29 June 2011 at 20:05
Querist’s (married Hindu woman) father passed away in 1979. Her eldest brother distributed monies thereafter purportedly as per valid will of the father. Thereafter, in 2004, querist was requested by her brother to sign a document giving up her share in a building owned by the querist’s deceased father jointly with his 3 sons (i.e. querist’s brothers). Said release deed represented that the father had died intestate. Querist despite having realized that she had been shown a fictitious will did not challenge her brother to keep the peace.
Recently, it came within the knowledge of the querist that ownership of the aforementioned building has undergone change as evidenced in rent receipt she obtained from a tenant of the building.
Querist is now keen on taking legal action with respect to the abovementioned building. What are the remedies under law? What would be the time frame and costs involved in a legal battle?
Anonymous
29 June 2011 at 19:18
Experts answer is requested to the following:
A man of Indian origin is a Malasian citizen married to a woman of Indian Origin both wedded and resided together with their two children aged about years and 5 years. The husband willingly by his own got converted to Muslim community and married a muslim Woman and staying separately for the last 20 years. He is not granting divorce to Indian origin woman first he married and having 2 children. The first woman is about 53 yers old now alone would like to marry an Indian residing in Chennai. After marriage, whether is it possible for Indina orgin woman can get Indian citizenship? What are the procedures to be complied? kindly clarify with legal implications,
jach000019
29 June 2011 at 17:16
my father expired after leaving a non regd. will attested by two witnesses who are our relative and non beneficiary of the will.
(1) we 3 all the legal heirs mutually accepted the will and executed the consent before the notary.
but after that my one of brother created the dispute about the will so as a executor i could not have applied for the probate since it is sure that he will object for the probate.
now my brother wants some amount for the settlement and i am ready for that but now the question is what documents should be prepared so that i can smoothly apply for the probate because since he is denying about his notraized given consents of the will so it is very much possible that after taking the settlement amount from me he may again create the obstacle for probate of the will because any how i have to get the probate the will for making the legal ownership of all our movable/non-movable assets and secondly it is the cheapest way.
(2) secondly the problem is that my brother is ready to collect the settlement amt. only after the release of probate from the court but he wants the assurety of the settlement amt now the problem is, that we don't have any loyal mediator to whom i can keep the money and that mediator will release the amt. to my brother only after the issue if the probate from the court t so i would like to know that can the bank (by opening something type of escrow a/c) or deposit of money with the court or any solicitor can help us in this matter so that i will keep the money with the solicitor with 100% security of my money that i will not loose my money in anyway if i fail to get the probate.
Anonymous
29 June 2011 at 10:49
Pls advise if Khoja Ismailis are covered under Hindu Personal laws?
How distribution of properties of mother died intestate will take place between sons and married daughters. The deceased is a Khoja Ismaili?
Anonymous
29 June 2011 at 00:19
Ld Counsels,
In a petition filed under section 12(1a)(1c) of HMA the allegation that the marraige is not solemnized in due form is unnecessary. Bcos the cause of action under that section will arise only for marriage properly solemnized, further impotency or fraud cannot be alleged unless the marriage is solemnized. The relevant provision is given below.
12. Voidable marriages.
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
Please answer. Thanks.
Suny
28 June 2011 at 23:06
Dear Sir,
I have a very important question to ask as far as our Indian law is concerned.
My friend lives in a nuclear family.Husband and Wife and only one child no siblings.
Recently, husband expired due to some health problems.
No legal will was executed/created by husband,please tell me what wife should do in this matter.
Kindly,guide us as how to go about it.
Thanks & Regards
Suny
Anonymous
28 June 2011 at 17:23
My case is peculiar.
I have photos in my system of my chat frend/lover.
I stored every email and chats of her in my archive.
My wife came to know my password secretly and taken print outs of all the needed and went to police station and filed a case keeping IPC
498a, 406, 420 of 3, 4, 6 sections of DP.
No one harassed her on terms of dowry. she fully misused the IPC 498a. police caught me and kept in jail for 2 days and later after 2 days got my bail. she kept 8 people as accused. No one harassed her really. She harassed me without giving me sexual pleasure. Is sexual chatting and my chat frends pics and videos (in the pics she wore my dress) but iam no where appeared in the pics becoz those pics are taken by myself only. May this stuff lead me into trouble while cross examining or before charge sheet preparation? I never meet my lover after my marriage but we had communication through phones or SMSes or for 5/7 times chatting in the year since I didnt know that my wife knew my password till she kept a case on me. Apart from that I didnt do any crime/ harm. Kindly suggest me how to proceed/fight with this kind of court case?
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Objections Not filed more than 2 years -- Divorce matter
Dear Sir,
I am fighting divorce case against a adulterous wife, it is more than two years I filed the divorce case. The adulterous wife did file any objections to my main petition, and mean while i filed 91 application for summoning call logs , she filed objections against call logs application. Now the ld judge posted the case for my Evidence, when I ask arguments on my call logs petition, he says let the evidence take place, then the call logs application can be argued.
Please guide me, without she filing objections for main petition, I going for evidence, it is favorable or not a favorable one. Is it a correct approach or not.
Thanks in advance.