Punit Kumar
03 March 2011 at 18:39
My father died in 1999 without a will. My Mother died in 1990. My sister who was married in 1979 does Is She entitled to share or Not ? If yes under what act Please send ruling or act
The amended act has come into notification in Sept 2005. 2005 amendment
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956
Impact of 2005 amendment
According to the amending Act of 2005, in a Joint Hindu Family governed by the mitakshara Law, the daughter of a coparcener shall, also by birth become a coparcener in her own right in the same manner as the son heir. She shall have the same rights in the coparcenary property as she would have had if she had been a son. She shall be subject to the same liabilities and disabilities in respect of the said coparcenary property as that of a son and any reference to a Hindu mitakshara coparencer shall be deemed to include a reference to a daughter. But this provision shall not apply to a daughter married before the commencement of the Hindu Succession (Amendment) Act of 2005.
Punit Kumar : it does not matter at all that when she got married, she will get equal share without any confusion as per sec 6 as amended by Hindu Succession (Amendment) Act (39 of 2005)
THE HINDU SUCCESSION ACT, 1956
ACT NO. 30 OF 1956 Point 23
she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
Anonymous
03 March 2011 at 14:30
for cancellation of will deed what is mode of payment of court fee since the will deed does not come under purview of a sale transaction or a gift transaction to take into present market valuation Hope the experts will throw some light on this aspect and enlighten me thank you in advance if the experts give the valuble sugesstions on this subject.
Anonymous
03 March 2011 at 10:55
dear sir,
one of my friend is being harassed in wife claimed false cases for 498a and maintenance in d.v. he has raised following questions.-
1. can he written pray with larger pubic and indian culture interest to court the explain the meaning of word marriage with its obligations, rights, responsibilities, court attitude towards the society of indian culture for both the parts of husband and wife.
2.can he pray to court to ask wife and her parents expectations of marriage with its obligations, rights, responsibilities, court attitude towards the society of indian culture for both the parts of husband and wife being she is a well qualified.
Anonymous
03 March 2011 at 06:06
Sir,
Though we both are hindu, we were married by special marriage act u/s 13 of act 1954. My wife is a Govt. School Teacher and highly salaried. My question is is my wife eligible for maintenance or alumni. I have a girl child also
Anonymous
02 March 2011 at 21:15
Que.1.Is their any time frame prescribed for High Court to dispose a Divorce Transfer petition filed u/s 24 of CPC from one court to another?
Que.2.If their is no time frame prescribed for disposal of transfer petition in CPC in such a scenario the time taken more than 16months to dispose the Transfer petition be considered in Family Court under Judicial Separation period and pass an Order of Dissolution of marriage?
Anonymous
02 March 2011 at 19:49
Dear Sir,
My grandfather had two properties in his name. By his will he willed the same to
my fathers HUF. My father died in 1983 & willed the same to us 4 brothers. In
his will he has not given any share to my mother.
Dear sir,
My grandfather by will gave his property to his son’s huf only(my father’s huf)
by will . my father in his will mentioned that “ I bequeth my share in assets of
huf in equal share to my four sons” he specifically mentioned all the huf
properties he had and directed them to be divided equally amongst four sons but
didn’t mention the name of the property in question however in the index of
properties it showed that he had 1/6th share in the property in question .he
further mentioned that
“besides the above, as to whatever property or effects of mine be there at
present or which I may herein after create or happen to be there in any
circumstances and to which I may have right, title or share or to which I may be
entiteled, the mention whereof and the disposition where of might have been left
out to be made in this my will, I direct the said entire property and effects
shall be give to my four sons”
“ I further direct the executors and trustees of this my will to distribute the
residue og my estate to my four sons”
Now the question is
a> can my mother claim share in the property even though her name was not
mentioned in the will?
b> can we deny my mother her share(because as per her will, she wants to give
all her property to only two of her sons) since the property was not self
aquired property of my father netiher her?
c> Also can she will the same property as per her wish (Effective after her
death)
mohan lahoti
02 March 2011 at 17:11
Dear Sir,
My grandfather had two properties in his name. By his will he willed the same to my fathers HUF. My father died in 1983 & willed the same to us 4 brothers. In his will he has not given any share to my mother.
Dear sir,
My grandfather by will gave his property to his son’s huf only(my father’s huf) by will . my father in his will mentioned that “ I bequeth my share in assets of huf in equal share to my four sons” he specifically mentioned all the huf properties he had and directed them to be divided equally amongst four sons but didn’t mention the name of the property in question however in the index of properties it showed that he had 1/6th share in the property in question .he further mentioned that
“besides the above, as to whatever property or effects of mine be there at present or which I may herein after create or happen to be there in any circumstances and to which I may have right, title or share or to which I may be entiteled, the mention whereof and the disposition where of might have been left out to be made in this my will, I direct the said entire property and effects shall be give to my four sons”
“ I further direct the executors and trustees of this my will to distribute the residue og my estate to my four sons”
Now the question is
a> can my mother claim share in the property even though her name was not mentioned in the will?
b> can we deny my mother her share(because as per her will, she wants to give all her property to only two of her sons) since the property was not self aquired property of my father netiher her?
c> Also can she will the same property as per her wish (Effective after her death)
Anonymous
02 March 2011 at 16:51
hi all,
my name is raja. i am working in a software firm. i fell in love with a girl whose name is priya. when we talked about our love to her home, we got a negative response and came to know that we cant get any nod for our marriage from their parents. all was okay with my family though. so we decided to get register marriage(not knowing to anyone) and live seperatily until their famil members accept our love. we married some 7 months before and lived seperate . in the meanwhile, we pressured her parents. but the thing is now, there are some misunderstanding between me and priya. she doesnt want to live with me. there seems to be no way that she believe me again. she hate me to the core now. but i really wanted to live with her. the main prob is now her parents is trying to start a marriage procedure for her. even though we married by mutual concerned and solemnized at the register office, what if she complains that she was forced to do that? what is that i should do now to avoid any consequences? what are the legal ways ?
Anonymous
02 March 2011 at 13:24
is it statutory obligation of court to grant interim relief to wife?
where husband submitted that he is ready to live with wife.
if yes please give details under which act and section it is made compulsory.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
divorce alimony
I am an Indian women married for 14 years now with 11 and 7 year old boys living in the UK.
Within a week after my marriage I came to know that my husband is not working/earning as he projected before wedding. I believed him when he said his friend has cheated him in the business etc just days before our marriage and he did not inform us because he was worried how we would take it. I understood that in the right spirit and decided to start working to help the family going in a reasonable respectable way.
Me starting to work which started for that reason slowly became my responsibility while he was loafing around not doing any job. Day after day I would hope that he would find some job that interests him or some day he will become responsible and take over the bread winning responsibility from me because I believed that he needs time to learn new skills as he is a slow learner unlike me. But this wait from days turned to years very fast with the added torture, insult, abuse from him as he started to feel inferior and developed physic behavior.
I tolerated all this because we had two sons by then and so I needed his hand to pick/drop kids off school etc while I go away to work.
He has not been responsible even with kids and abuse them, use foul language towards all of us, insult and humiliate us in party’s etc to show his male ego and dominance in the family.
I became immune to even this behaviour and tolerated with the natural Indian mother’s belief that my children need a father how ever he may be.
1 in 11 times I would retard back verbally especially when he starts to abuse my parents, siblings etc to get to me. So now, he knows that if he abuses/insults me I don’t react and started to abuse my parents more and more which has become intolerable now.
Now I think it is not worth letting my parents getting abused for no reason and my children growing in such rotten, foul family atmosphere. I have lately realized that this hectic life of mine where I am the bread winner in this competitive world has left me exhausted trying to do all my roles to perfection single handed and going through this torture when I get back home tired, is not worth it as it is no good to my growing kids too.
I work in the IT which is already very stressful, come back home to play a house wife role and a mother’s role. Right from cooking, planning and guiding and helping my kids in studies and activities, 24 hrs have never been enough. In this whole journey I have realised that though my near and dear recognise my struggle in life and praise me, my husband is always there abusing me ,insulting me at home every minute and making me feel very little and good for nothing. He does the same with the kids too.
Today the situation is I am tired and cannot endure this anymore. My kids are very attached to me and want to be with me if I leave him.
I am considering a divorce which actually should not bother him too much because this would mean freedom for him. His plans are that he will live happily in one of the houses his father has left for him and spend on the cash share which he has got again from his father. So he is all sorted to live alone. So he is not worried.
But I don’t want to let him go so easily. All these years of struggle would mean nothing if I cannot get him to see that marriage and kids are a responsibility and nobody can shrug it off just on the pretext of not able to work/earn though they are physically and mentally capable of. I want to separate from him and live separately but want him to be paying towards the kids’ education, well being etc or some way to make him pay for what he has not done so far and should have.
I don’t know if the way to do that is alimony. I work and earn decent money and don’t need his money to live on but I want to get him to support us financially after separation so that this will be a lesson for any man who thinks he can marry, have kids and get his wife to do both the roles and he can just chill. If that does not work then he can get away from the relationship and still chill. Secondly once separated, it will be difficult for me to work and physically be available for kids when they get home form school etc. So I prefer to be a home maker and take care of them if I were to get him to financially take care of our family maintenance.
My question is, because he has never been working, and has no job now, can I not get him to pay for our maintenance after separation just because I am working and am better settled than him? Is getting separated from him and me working till the end of my life, the only way forward for my life?
Please advice. I am looking for replies so that I can judge if I am being reasonable enough or not and also to see if there is any good me going for divorce.I am looking froward to get some advice from a lawyer who is well versed with Indian Hindu law.