anish
16 April 2011 at 22:05
Sir
My father expired in 2001 leaving behind A WILL wherein he had appointed me as executor and bequeathed his major assets to me because my younger brother is very notorious and vagabond. The contents of WILL was conveyed to younger brother in 2001 and he had accepted WILL at that time . Probate of WILL was not taken because major assets were in non metro city. WILL was subsequently registered two years after death of my father. Now last year i.e. after 9 years my brother has sent me legal notice claiming that father died intestate and WILL is forged. I can prove genuineness of Will by testimony of Witnesses since WILL is genuine. A clause in WILL states “No one shall have any right to raise any objection or legal question in distribution mentioned in WILL”
My brother’s sending legal notice amounts to objection against father’s wish. By raising such objection does not my brother lose his right to receive anything from my father’s estate by virtue of above clause which my father has put ? Can it be interpreted that because my father did not want anyone to object to his wish, anyone doing so is not entitled to receive anything from his assets even though he may otherwise be entitled if he had accepted my father’s WILL ?
Anonymous
16 April 2011 at 17:10
Dear All Experts,
I need your valuable time and advice as my family is passing thru a very very sad and strange phase of life .
We are /were 3 siblings –Myself the eldest son ,then a sister and a youngest bother (whom we have just lost on 20th March 2011 , at prime age of 37 years)
My younger brother got married in November ,2008 (Love cum arrange ).He was blessed with a son who is 1 and half years old .
Since 2004 , Meself, my mother(she is 68 years old) , my deceased younger brother are residing at II floor of a kothi , (This is owned by my sister ).After my younger brother’s wedding his wife was also living therein till the untimely demise of my brother.
Immediately after my brother’s wedding his wife started raising demand of living separately from the joint family but my brother was not ready to live without his family and mother.
She kept harassing and teasing him for living separately .He had started living in depression and when things went beyond his control he had started consuming alcohol about a year back.
His wife started teasing him more in last 3-4 months. He was under lots of stress & tension. Apart from forcing him to leave his mother she used to tease him that he has an affair .My brother was very sensitive & emotional guy . He loved his wife a lot .Under depression he had consumed excessive amount of alcohol in last 2-3 months. He never shared his problem with any of us in spite of asking him so many times . His wife used to fight with him if he talks to his mother, sister and brother. In the house he had confined himself to his room only .When he had stopped going to his work for 2-3 days then his mother got an alarm and went to his room to see how he is .Then she noticed that he is not keeping well .She took him to the hospital on 26th Feb 2011 where it came as a shocking news that his lever is damaged , he is suffering from alcoholic hepatitis and cirrhosis .He was admitted in the hospital from 27th Feb 2011 till his untimely demise ie 20th March 2011 .
The family always used to wonder what was wrong in his life that he had started living in his own shell and having alcohol .We never thought anything wrong between husband and wife as theirs was love marriage and my brother used to love his wife a lot .
The day before his demise when he was taken into ICU , at that time his cell was handed over to me .I read many nasty SMS in his Inbox sent to him by his wife in last 2-3 months . They were all like blaming him that he is only for his family and that I do not have any time for you, you have an affair ,I hate u etc etc .Sent items from him to his wife were all explanatory that I love u d most , tum kab samjhogey etc etc..
I got a clue of his depression but to the shock of our life .I kept shut and thought to see this matter later on . I gave mobile to my sister for safe custody .When we were taking the dead body of my beloved brother for his last journey , his wife had a courage ,sense, calculations to took his mobile from my sister’s hand (who was sense less at that time and busy in crying and consoling mother )and to delete all nasty SMSs from it . Later on when I found all SMSs deleted my sister enquired her and she admitted it that she did it as she was guilty but after her family advised her she took a turn that these were normal SMSs but no answer if normal why she deleted it at that critical and saddest time .
Soon after my brother’s tehravi ceremony , his wife , her parents and all relatives started misbehaving with my mother and us and started demanding money , samaan, jewellary ,property .They did not even care about the untimely , unfortunate demise of our brother.
To our unfortunate fate , my mother just 20 days back of my brother’s demise bought the ground floor of the hose where we are living . This house she bought after taking a loan from my sister . Since then till date my deceased brother’s wife , her parents and relatives are occupying the ground floor of the said property. They refused to leave the property in any manner and threatened us to face dire consequences if we raise our voices. Also they have threatened that if my mother any of her family members would make any complaint against them then we would be implicated in false cases and they would use women harassment cell against us. They are already spreading in the whole locality that we used to beat her and used to ask then dowry (which is absolutely baseless)
My mother and we are not allowed to enter her own house .We are so afraid to enter as they will put allegations they we entered and beaten them . They are not even allowing us to meet 1 and half years kid who is the only nishani of my deceased brother and is the only grandkid of the house.
My mother has 1 plot and this ground floor , both of it is self acquired properties of my mother and is in her own name. We do not know what we should be doing at this point of time when they are already trespassing my mother’s property.
What should we do in this critical situation. We are afraid that she can use weapon of dowry harassment against us .How to get the possession of my mother’s floor . How to get rid of this problem .I know about the kid …law won’t give us the custody as natural mother is alive.
Please suggest.
Regards
Gajender sharma
16 April 2011 at 13:51
can a lady be entitled to get back her dowry items whether she is under trial of murdering her husband?
Anonymous
16 April 2011 at 01:56
I was divorced 8 months back and recently got the legal paper in january 2011 since my ex dragged the case. I had filed a case for my maintenance for iddat period which i did not get. After getting the divorce paper I left for india for 3 mlonths. In my absence my ex filed another case after our divorce claiming for money and gifts from me. i believe its not valid and its a complete harassment from his side. The sharjah court is also not helping and pressuring me to appeal or fight the case otherwise i will be blacklisted , Its totally unfair that such a case even got accepted .I still have my belongings still in his house but in turn he is harassing me for alimony when it should be me who has to file for alimony. I am left stranded since I was unable to go ahead with my case since my mom is unwell . This is preventing me from leaving this place and attending my mom for her health. Kindly help me as your the only source of hope . I want that guy to stop harassing me like this and let me lead a peace full life.
Anonymous
15 April 2011 at 21:20
Hi,
I got married in Feb 2009. Though it was a love marriage and I knew my husband 5 yrs before our marriage. We use to work in the same organization. I tried helped him financially thinking he wants to do something on his own. I even went to the extent of purchasing a car and giving him to keep it with himself to make it easy for him to commute. He told me they have a business which is run by his dad and have invested in some other projects which works as additional income source. He even covered the demand of dowry saying they are rituals. My father died when I was very young but still my mother fulfilled all their demands like AC, Fridge, TV Bed Almirah Dressing table, cash... even she asked for 50 Pair of clothes for relatives, Gold for her 3 daughters (DIL) my father in law (FIL) and herself. She even asked to give 18 blankets as a welcome of Barat. Once married my mother in law (MIL) forced me give money to everyone present as a token of respect and it was one of their rituals. My MIL didn't even had proper clothes or footwear for me saying I should use what was given by my mom n not to expect anything from her. with time started complaining about the gifts given to them by my mum saying we should have given rings/chains to her son in laws , should have gifted my DIL chains rather than ear rings, her gold set was very light, my FIL's ring was not heavy. My mother should have given microwave n laptop as it would have been for my n my husband’s convenience etc. Once my youngest SIL said they wanted to ask my mom to present one of her factories as a gift in marriage but thought my mom was intelligent enough to do so anyways but they were proved wrong. I got to know the house they are living in is rented and his dad is not working at all for past 15 years. And the only source of income they had was my husband salary. but still I thought we both r working with MNC & r earning good so we can certainly with time earn enough to get a house. But my MIL was always asking my husband for money we gave a hefty sum for house expenses but still for a small thing like sofa cover or a water filter she would ask for additional money. And to above everything my husband had only 1 answer she didn't mean it she is not well. Always fighting with me for money saying I stop her son from giving her money who am I to keep a track of what’s spend how it is spend and where???? I am trying to take her son away n she will make sure I won’t be around for long... she even claimed that as her husband couldn’t she will make her son fulfil all her dreams. Mentally torturing me about small things that in day to day life don’t matter much and can easily be ignored but can really make you feel you are living in hell. every time when she wanted my mom to give something she will make me call my mum but when it was time for her to give something on any festival or as a ritual she will forget...saying she is not well I am even pretty sure she is faking her illness. she started teaching crap to my husband about me n my family to an extent that he started hitting me occasionally, Once his sister even witnessed it.
We didn't go for honeymoon or celebrated any of the festivals or our anniversary as my SIL would need my husband or it might serve as a bad impression for my youngest SIL.
Anyways then I had a baby boy in may 2010 and she wanted me to give the baby to her elder daughter who doesn’t have a baby for 15 yrs and I should work giving them an easy lifestyle when I refused she started fighting with me within 24 hours of my son’s birth and abusing me all the doctors and nurses were listening. They even commented that such surroundings are not good for my health as I just had a baby we should do something and make her leave the hospital. She even tried insulting me in front of my friends who came to meet me and my baby and she also insulted my younger sister along with other family members. after 2 torturous days they took me to my matrimonial house as I was very sure she won’t take care of me or my baby. I begged for them to let me go to my mother's house for the first 40 days but she refused saying some of her relatives will be coming to meet and give monetary presents to the baby. Once home she refused to do anything for me or my baby, And would always send my husband to call me sit with every1 rather than resting. I refused as my baby was only 6 days n I was anyways weak all with taking care of him without any help my husband started beating me to such extend that my face was swollen. With other small tortures which I didn't disclose to my family thinking they will take tension and anyways it is a pain for which I was responsible for my decision to marry my husband. All I did was requested my mum to take me to her place as my MIL is not well. When she came to get me they asked her to send clothes and gold for every1 including her daughters as it is a ritual. when I was at my mother's place after the completion of 40 days nobody came to take me home and no mention either initially for a couple of months my husband did visit us but his visit stopped when I asked him to give me some money as I don’t like to depend on my mother for everything though she won’t refuse. I even asked him to give me my ATM card which he had with him but he never said a yes or a no on that either when he did returned my ATM card it was with a balance of 97 rupees. but with time he stopped calling me or taking my calls when I called his home number my MIL asked me to stop bothering his son to ask my mum to buy them a house along with some cash or forget I have a husband or she will ever take me back in.
within these 11 months 3 of my cousins got married so I wanted to get some clothes and jewellery after asking them repeatedly as they have everything in their locker they refused i along with a few of my family members went to their place asking to take me some clothes and get some of my jewellery from their locker she locked my almirah and called the police saying we are harassing them she even went to the extent of tearing her clothes and scratching herself for effects, anyways the police did help us to get a couple of saris and jewellery that was given by my mum to me. From that day onwards my husband is not picking any of my calls not even when my son was hospitalized. I wanted to save my marriage but now I am tired of everything and want to get rid of this ASAP.
My question is:
1) What’s the best way of finishing this off at the earliest and getting a proper maintenance for my baby I would prefer not to get into monthly maintenance as they are not reliable enough. Also my husband doesn’t deserve any visiting rights as he didn't bother to think about the baby once or meet him for that matter.
Some1 is suggesting women cell others are suggesting mutual divorce as consenting would take a very long time.
but I don’t think they would be ready to give me anything in terms of stridhan, alimony or maintenance for the baby.
2) Can I get some sort of maintenance from my husband as my baby is very young and I am not earning anything and would really like not to put any burden on my mum though she doesn't mind and can take care of us.
3) Would this affect my divorce plea?
4) Most of my things are still at their place specially my documents, bank papers etc. how can I get them?
Your earliest opinion would be appreciated...
Satish Ravindrakumar Avhad
15 April 2011 at 20:08
Hi,
My Father died intestate.
He has appointed nominee for some of his properties. He also has joint account in banks with my Mother.
He also hold shares with nominee details given.
Now, the questions are:
1. When such nominee details exist, how the intestate's property is disstributed amongst legal heirs (Mother, 1 Son & 1 Daughter)?
2. Does Nominee have pecedance over the Hindu law intestate rules?
3. What is the legal process to be followd to trnasfer the ownership of assets including cash balance in banks and shares?
Thanks a lot in advance,
Satish
Anonymous
15 April 2011 at 17:00
Respected sir,
During the cross examination of my wife we produced some documentary evidences in 25GWAct 1. she has shown herself as divorcejust after a week she left the materimonial home as per her service record.2. As per her service reocrd she is issueless . 3. She has shown herself as single (Miss) in her salary opening account with her bank. 4. She had fainancial transaction with her boyfriend online who was working her previous office three years back. when all documents were produced in the court, she said all are fake and we requested the hon'ble court that we may please be permitted to call for the evidences as our evidences are closed , the hon'ble court agreed and summons were issued to the HR as wel as bank manager to produce the original documents. will all these affect in our case of child custody. Moreever the charges have been framed against her u/s 193 in criminal case and her parents are also on AB in sec. 3 of DP Act and charge sheet has also put in court. Will these help in the said case in my favour.
With kind regards.
Balvir Singh Gandhi
15 April 2011 at 14:08
Dear All,
I have a query relating to partition of property. Background for the case is as under :
My father has 2 wives. First marriage was with my mother (intercasete marriage) and second marriage was with another lady ( Within caste and duly recognised by other family members and society). He had 1 issue with his first wife i.e. me. and 2 issues with his 2nd wife.
Later on my father has dispute with his family and 2nd wife and started living with his 1st wife for his entire life. However he has not taken divorce with his 2nd wife. at the time of seperation from 2nd wife, my father has given her all the property and his belongings to 2nd wife.
Now after death of my father, my step brtoher, step sister and step mother are demanding share in the properties owned by father. However I have also equally hardworked for acquiring those properties along with my father.
In addition to this my father has also adopted one son who lives with me and dependent on me only.
I request all of you, to please respond to following queries :
1) Is demand of my step brothers and sisters are justifiable -- What is the legal status.
2) Can I also demand share for other son adopted by my father.
3) How can i Prove that all the assets created by father was also earned by me equally.
4) How long will it take if I adopt to go for legal litigation.
5) what is the best possible approach which i should adopt.
Thanks in Advance.
Please advice at the ealiest -- as its urgent.
warm regards,
balvir Singh.
Dipal
15 April 2011 at 12:44
Due to uderstanding of the couple they have planned to take a divore, it was initially planned to take a divorce with mutual understanding bt suddenly wht happned the females decsion changed and and told that it will be taken after 3 mnths (1.e after 1 yr cmpletion of her miscarraige)
My question to all professional is:
1) is there any relation of her miscaraige with her divorce ??
2) in case if she claims for alimoney and if v deny to give divorce can she file the police case against my family??
3) if she files the case against us and in front of court if v deny to give her divorce wht are the circumstances??
Awtng for ur reply at the earliest.
Regards
Dipal
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regarding the debarred of daughter from the property
I have one sister in law which I have come to know after 12 years of my marriage as no one use to discuss about her suddenly my mother in law accepted her back as she left the home 25 years back to get married to men of her choice at that time my mother in law debarred her from her property and published it in the news paper and legally also she did from the court no one challenged that debarred paper do you think those thing can be still valid or not can my mother in law cancel it .kindly guide me or what should we do so that it should remain valid as she wanted her share now