Anonymous
27 April 2011 at 18:37
R/Sirs,
Pls provide the percentage of devolution of property, according to Muslim Law:
1. In case Deceased is Male:
Husband's Mother (alive)
Husband's Father (alive)
Spouse (alive)
Son-1
Son-2
Daughter-1
Daughter-2
2. In case Deceased in FEMALE
Wife's Mother (alive)
Wife's Father (alive)
Spouse (alive)
Son-1
Son-2
Daughter-1
Daughter-2
Thks in advance and best regards.
Anonymous
27 April 2011 at 15:07
Sir / Madam
My father passed away on september 5 2010. He has left a will made with a help of a lawyer in our neigbourhood. The will is not registered. In the will the property(house) has been divided between me and my brother. Although everything is ok as of now but everybody around is asking us that we should take some action on the will. I need to know what has to be done with the will. The words being used is probate the will, mutation, family settlement etc of which I have no clue. I need expert advise on the action that needs to be taken as also if there is a time limit for the same. Our mother is still alive. She is also of the opinion that whatever needs to be done should be done so that there are no quarrel / issue later or if anything happens to me or the brother or her. I also need to know about the property tax on the house. Should we pay it on the name of my deceased father or wait and get the property divided in the 2 names and pay the tax for our portions.
Thanks
Anonymous
27 April 2011 at 12:58
Respected Sir / Madam:
This refers to above subject. We are going through a Divorce Case in our Family. Wife has willingly left her matrimonial home with her father. We have AUDIO RECORDING of the whole scene on Mobile wherein she (Wife) states that she wants to end the relationship & her father gratefully acknowledging his daugther's decision. Every statement of hers & her father is clearly hearable. There is also a statement where her father states that my daughter doesn't want to continue the relationship of marriage. She (Wife) has filed a Case of DV Act, wherein she states that She was beaten up and thrown out of her matrimonial home, which is not true. The Audio Recording which if admissible in Court can easily prove our innocence and destroy her false allegations against us. I WOULD LIKE TO KNOW WHETHER THE AUDIO RECORDING IS ACCEPTABLE AS EVIDENCE IN COURT?
Anonymous
27 April 2011 at 11:59
My friend has been is regularly threaning volatile wth behavior by his wife and wanted to be separated along with his son who is 12 years of age. Some times her behaviors make very unpleasant scene at home. even his son also do not like her action created at home. she want a separate flat and maintenance. sometime she behave normally. her parents has been notified. she donot even like to consult any Physico doctor. pleasse advise any legal protection can be taken for her unrully behaviour.or con they report to police station.
Anonymous
27 April 2011 at 09:54
Sir,
I filed for divorce and it has taken atleast 10 years. I lost it in lower court and I have appealed in higher court. Waiting for ..
I am already 42+. DOes this mean I am lost in my life.. They are adamant for settlement. Keep oscillating to settle or not. Moreover disturb in the community and pull down before all. Its complete break down and did not work with elders mediation. I can not go with her at any cost.
We are separated for more than 8 years and she left on her own
Any suggestions:
1. I have to face like this only
2. I have to loose my life
3. Anyway I can avoid the disturbances at office, friends and relatives
4. Any suggestion to take it on fast track
5. I can not have my married life for this life
Pl provide your valuable suggestions.
Regards
xxxxxx
Anonymous
27 April 2011 at 09:53
Sir,
I filed for divorce and it has taken atleast 10 years. I lost it in lower court and I have appealed in higher court. Waiting for ..
I am already 42+. DOes this mean I am lost in my life.. They are adamant for settlement. Keep oscillating to settle or not. Moreover disturb in the community and pull down before all. Its complete break down and did not work with elders mediation. I can not go with her at any cost.
We are separated for more than 8 years and she left on her own
Any suggestions:
1. I have to face like this only
2. I have to loose my life
3. Anyway I can avoid the disturbances at office, friends and relatives
4. Any suggestion to take it on fast track
5. I can not have my married life for this life
Pl provide your valuable suggestions.
Regards
xxxxxx
subhash
26 April 2011 at 19:54
Arun, died in 1934, leaving surviving him his widow, sumitra . Arun owned an agricultural land and two shops as his self acquired property. he also had some ancestral property inherited on partition. in 1955 Sumitra adopted a son, Nivesh who died in march 1991 leaving behind a minor son, Manoj and wife Radhika. Sumitra died in 1992 and before her death in dec 1991 made a will under which she bequeathed the entire property i.e. the agricultural land, 2 shops and the ancestral property and also the property she inhered from her father in 1935 in favor of her brother’s son, Ramit. Manoj challenged the will of Sumitra through his mother Radhika. Ramit contention in the court that to the extent of property inherited by Sumitra through her father that the would have been entitled even if she would have not made as the property would come to him as reversioner.
District court held that
i. Sumitra is entitled to make will of her husband property as after his death she was sole surviving successor.
ii. Adopted son, Nivesh and decedents are not entitled as adoption was made after the death of Arun by his widow, sumitra in 1955.
iii. Ramit contention of reversioner is applicable.
iv. Sumitra’s will bequeathing property inherited by her father is valid but out of the property bequeathed her adopted son’s widow, Radhika and his minor son Ramit are entitled for maintenance.
Manoj appeal in high court of Raj, which upheld the judgment of district court but held that the contention of Ramit regarding reversioner is not tenable. Manoj appealed in the Supreme court.
The issues are :
i. Does the surviving widow is entitled to make a will of property left by her husband after his death ?
ii. Does the adopted son and in his absence his male descendent have the right to take entire ancestral property as after the father’s death he was the sole surviving coparcener?
iii. Can the widow make a will over the property inherited by her father entirely bequeathing to brothers son, Ramit neglecting his own adopted son’s widow, Radhika and grandson, Manoj?
subhash
26 April 2011 at 19:41
Does the surviving widow is entitled to make a will of property left by her husband after his death?
Vikas
26 April 2011 at 18:18
Hi,
I would like to know that if a son wants to file the case of dowry under the Section 498a against the in-laws of his sister (but the sister is not ready to file the same),will Son be able to file the same,if yes how and what are the chances for winning the case.
Please tell about Section 498a in little detail also.
Your early reply will be highly appreciated.
Thks,
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right of step son on property of step mother
my grandfather may have married twice(not sure because don't have marriage certificate of his any wife,as the marriages took place before 1940 and my grandmother was his first wife)my real grandmother had property in her name followed by her father's name,presumed to be gifted to her by her father(again no proof of gift,but name of her father in property documents only)
my query is DOES THE SON OF SECOND WIFE/KEPT HAVE ANY LEGAL RIGHTS OVER PROPERTY OF MY GRANDMOTHER?)?
thanks Mr.Tripathi and Mr.Rajeev
But in case he goes to court,what papers evidences or witnesses would I need to prove that he is not REAL SON of my grandmother(She and my grandfather are not alive)
will it be my responsibility to prove his claim false?