Hasina
24 March 2010 at 17:05
I m muslim. My grandfathether has transferrd anchestral agricultural proprty by way of gift (HIBA) to child of his choice & not to all his children.
My query is can he do that & if yes what remdey is available to me to claim share frm that proprty.
According to my interpretation of muslim law, Muslim personal law is not applicable to agriculture land (Since in law it is writen that "Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in case where the parties are Muslims shall be the Muslim Personal Law (Shariat)".
Please advice sutably
I will be very thankful.
Anonymous
24 March 2010 at 13:16
I got Married in Feb' 06. I have filed divorce petition (OP) in Feb' 08.I have no children. In April' 08 respondant (my ex wife) filed interim maintenance in OP case. interim maintenance order in June' 08. Meanwhile she has filed Final Maintenance in April' 08 in MC case. The final maintenance in MC case ordered in Dec'08. i had paid interim maintenance every month till August' 09 (OP case ordered in August' 09).
Now my ex wife filed MP and asking for final maintenance from April'08 (from the date of application) as per order. But when I have paid interim maintenance in OP case and again they are asking final maintenance for the same period which I had paid Interim maintenance.
Please clarify does interim maintenance in OP case and final maintenance in MC will be imposed in the same period or the interim amount, which I had paid will be deducted from the final maintenance.
please help me in this regard. expecting your kind adivce.
regards
Brahmam
Anonymous
24 March 2010 at 12:41
Sir,
one of my friend got married 6 months ago but his marriage was not successful more than 1 months as his wife have an affair with another man. after the marriage they went for honeymon where his wife behave so much strange to him. and after returned from honeymoon, she ran away without telling anybody. her father filed a missing complaint in police station and after 15 days she found in a hotel room with another boy at a another city. now my friend want divorce. pls help regarding filing a divorce petition
Anonymous
24 March 2010 at 10:11
Dear Experts, I want to know as an outcome of Divorce Suite,The options are Either court can grant or deny the Divorce based on Merit of the case and may fix a financial support to the wife, but it does not mean that Divorce is denied by court can force into a living relationship again between the parties which is anyway gone beyond repair?
sanjay kumar patibandla
24 March 2010 at 09:45
one lady filed case U/s 498 A of IPC. Her husband filed petition to declare him as a guardian of their minor child by handovering the minor children from her. That lady filed maintenance case against her husband.
After some time all the matters are compromised and started living together.
After six months again quarrel started between them. One day elders sit for compromise. Due to this stress husband died due to heart attack on that day only.
After that that lady filed succession petition before the court for some properties by keeping mother-illa as R1.
Now she wants to settle the matters. So She filed case under Domestic Violence act against her motherillaw and all her relatives to threaten them.
Is it maintainable after death of her husband ?
What mother illa has to do?
Sujit J Pathak
23 March 2010 at 23:02
All Esteemed experts, I am a young advocate practicising since last two years. I need a urgent advise in respect of a case. In a case against P.D.V.A.W (Domestic violence) wife is claiming maintainance, Family court has already granted maintainance to wife in divorce petition and my client (husband) is paying maintainance regularly. Is wife entitled to claim maintainance twice as family court has given her relief? Judgments & Citations will be really helpful.
Thanks and regards
Anonymous
23 March 2010 at 15:21
Can a HUF Savings bank account be operated by other coparceners after the death of Karta? Can a new Karta be appointed who can operate the bank account till all the assets of HUF are distributed? Please site section or case laws, if any. If not then what is the alternative to get the money from the bank account?
Legal Fighter
23 March 2010 at 13:10
In my case u/s 9 HMA, the wife has submitted arbitrary list of witnesses which include my senior officers in office, all relatives, bank accounts etc. which are not relevant at all and are totally abuse of process of law.
The judge has ordered to summon all the persons in the list without any application of mind.
What is remedy to me as I don't want my senior officers to come in court. Is there any legal provision to challenge this order?
Chandan Garg
23 March 2010 at 12:59
An employee from Raipur , sent by company on 6 month training to south africa. he died there.
now the bank of south africa wants legal hier certificate for tranmission of money.
please tell which court would have jurisdiction to issue that certificate and what will be the procedure.
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EFFECT OF AMENDMENT IN 125 Cr.P.C.
Sir my client was odered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- In Uttarakhand. My client's wife has applied to court for enhancement for Rs 2000/-.
Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which may be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act.
Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.