suryapal singh chouhan
26 August 2010 at 17:55
it is a settled position of law that family arrangement or memorandum of family arrangement does not require comulsory ragistration, but how can we conclude that this is a family arrangement not require ragistration or this is a partition deed require ragistration.
Anonymous
26 August 2010 at 16:53
My grand father (mother's father) has an agricultural property with a house, out-house, garden, etc located in North Kanara dist. of Karnataka. He died intestate in the year 1951. His wife also died in the year 1983.
My grandfather had 4 daughters and 4 sons. Out of 8 children, 3 brothers and 2 sisters have died, one of them is my mother. There is only 1 surviving son and 2 daughters.
We are in the process of selling the above mentioned property. The surviving son claims that since the property was coparcenary, and hence it was devolved amongst the 4 sons. The daughters did not have any right to claim share in the property. He says that father had died in 1951 and the Hindu succession act came into effect in 1956 and hence the succession is by coparcenary act. I understand that Hindu succession act 1956 was amended in the year 2004 wherein the daughters have equal share in the coparcenary property. With this amended act of 2004, can you please confirm/clarify if the daughters ( one of them is my mother who is dead)will have a share in the property.? We are 2 brothers. Since my mother is dead, can we become one of the legal heirs of the said property.
tejas shah
26 August 2010 at 15:47
My Uncle (father's elder brother) was died three years before. He has a residential flat at Sangli. my Aunty i.e. his wife got married with another person now i want to ask that is she has any right to claim that flat & what we can do to stop her by selling that flat and how we should recover that flat from her. He has no child. please give me right suggestions as early as possible.
my cell No. 9322193153
Anonymous
26 August 2010 at 14:41
Sirs,
One of our employee has died while in service. He has nominated his wife as to receive his terminal dues in P.F., Gratuity etc.
Now the deceased's mother & father are raising dispute that they are entitled to share of final settlement of the deceased.
The widow of deceased has produced 'Proper Person Certificate' issued by Tahsildar that she & 2 minor sons are the family members. The parents of the deceased were pre-deceased to him.
The Tahsildar declared the widow as Proper Person to receive Salary and all other benefits from the Company.
Members are requested to kindly clarify:
a) based on the Proper Person Certificate issued by Tahsildar, can we settle all the final settlements (since the deceased nominated the widow) to the widow of the deceased ?
b) whether we should insist succession certificate issued by competent court ?
c) whether we can be dragged into litigation by the parents of the deceased?
kindly guide the course of action we should follow.
Thanks.
Anonymous
26 August 2010 at 14:10
hello friends, My friends husband has filed a divorce petition against her in mumbai, and now it has come to the counceling stage and this is the first time, what wil happen if she is unable to attend the same, wil she get another date . pls advice the best possible way out as he is not keeping well.
Anonymous
26 August 2010 at 11:50
Hi,
I got married in Jan'10. After few days of marriage my wife started fighting with
me and my parents over very trivial issues.She started creating scenes.
Whatever my mother cooks, she says its not good and start fighting.She
keep on fighting with us.She used to go to her mother's house and from there
she used to threaten us, if you accept to live on my conditions then I
will come back, so we used to get her back by accepting her conditions.
One day she created a scene in our house by calling his brothers and mother
and left our house, saying that she won't come back.But then after a week
she started doing sms and calling me that please take me back, then with
the intervention of my elders I bought her back.
Again after a month she asked me that I want to go to my mother's place for few days.
I agreed and left her to her mother's place. But after 2 hrs of I left her there, her
elder brother called my uncle and said that we had filed a police complaint
against us and gave life threatening to me and my family. Then they said they
are not going to send their daughter and will file false cases against us. They
said that they want a separate accomodation for their daughter.
Neither me nor my parents called her or her family regarding this.
Then on one day, her brothers and mother,with local gunda elements
and their relative came to our house and created a scene by giving us
life threatening and threatening to file fraudulent cases if I wont get separated from
my parents.
Then my family members suggested me to take a rented home and try to adjust with her.If things
go well then bring her back to your home.
So, thinking positive I got separated from my parents and started
residing in a rented acommodation from 10th of Jul. For a week or so everything went well
but after that she started fighting with me over trivial issues and started
saying bad words for my parents and my other family members.
She asked me to do a complete cut off from my parents and my family members.
She asked me not to meet them, but I revolted and refused to do so, saying I am the only
son, so I have to take care of them.
Then she started giving me life threatens for me and my parents.
She started saying that she will again create a scene at my parent's house.
She will bring her brothers and other gunda elements at my parent's house.
She says that she will file a case against me and my parents in WOmen Cell.
One thing I want to tell that she is working and earning well.
I got so tensed and I asked her to do whatever she wants to do.
Humble request to please suggest me what should I do?
Now I request you to please answer me few things:
Q1. As I am living in a separate rented acoomodation, Can DV be filed against my parents as well?
Since in a latest judgement, SC said for DV living under a roof is compulsory.
Q2. What should I do in my above described situation?
Q3. Can I file a divorce on the basis of mental cruelty and harassment?
Q4. Whats the procedure to file a permission for divorce before one year of marriage?
Q5. Should I file a divorce petition before she files a DV/498 or should wait till she files a case?
Anonymous
26 August 2010 at 10:48
For Hindu caste Married people living in small villages, rarely they are registered their marriage.
In such a case if the marriage is not registered and both husband & wife want to leave each other then in such condition is it necessary to take divorce from the court? or what they have to do for divorce?
In such a case what kind of claims they can demand to each other if wife demand for divorce or husband?
suppose, if wife/husband want to take divorce then who have to file for this and who bare the cost of it( all expenses)?
if the wife/ husband in both of anyone people doesn't give the divorce to each other and do the other marriage in such condition what action can be taken by any one person?
Is the marriages in village without registration are Legal or illegal and for divorce what to do in this situation.
please also suggest the divorce procedure in such situation .
is it necessary to take help from advocate for this.
Anonymous
26 August 2010 at 10:45
For Hindu caste Married people living in small villages, rarely they are registered their marriage.
In such a case if the marriage is not registered and both husband & wife want to leave each other then in such condition is it necessary to take divorce from the court? or what they have to do for divorce?
In such a case what kind of claims they can demand to each other if wife demand for divorce or husband?
suppose, if wife/husband want to take divorce then who have to file for this and who bare the cost of it( all expenses)?
if the wife/ husband in both of anyone people doesn't give the divorce to each other and do the other marriage in such condition what action can be taken by any one person?
Is the marriages in village without registration are Legal or illegal and for divorce what to do in this situation.
please also suggest the divorce procedure in such situation .
is it necessary to take help from advocate for this.
Anonymous
25 August 2010 at 21:12
My wife has deserted me for last few months. I am a Clerk in state Govt. Office.
She desires me to stay at my workplace in a rented home leaving my widow mother at home alone as she feels my mother is the main cause of DV towards her. She is threatening me that if I don't listen to her regarding any compromise, she will take help of the superiors in my dept. My question is,
1.if she files DV/498A and informs my department, will it affect my service? Shall I be able to continue my job?
2.What are the affect of family related cases in Govt. jobs? In which case I may be suspended from my job?
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suppression of fact with regard to mental disease of girl
is it a ground that the girl is suffering from some mental disease prior to marriage and undergone for treatment.? can husband file petition to declare the marriage null and void on this ground?