Anonymous
02 December 2009 at 14:32
an engineer friend got married to a close relative in the year 2003 while she was still
studying final year of graduation. later she
completed her degree and wanted to pursue
higher studies in UK for which her husband
agreed and sent her & taken care of all the
expenses till last year, she completed her p.hd. Recently we came to know that she obtained a divorce decree from a court in UK,
if so is it valid in india ?
Anonymous
02 December 2009 at 12:21
Death cerificate was fraudantly obtained.
He was away from home on 29/08/1999. his death cetificate(as death occured 23.12.1999 due to Heart attack without the doctors certificate and no funeral)was obtained on 23.03.2006. How could he leaglly justify alive?
Anonymous
02 December 2009 at 11:59
What is procedure for a divorce with mutual consent? Is there are any prescibed forms for submission in the family court in Bangalore?
Mohamed Ali
02 December 2009 at 11:37
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with three orphaned grandchildren, only two daughters survived the mother.
But our opposition lawyer has posted the below extract from tables of Sunni-law and our Interlocutory application got dismissed in the trial court.
Residuaries: If there are no sharers, or if there are sharers but there is a residue left after satisfying their claims, the whole inheritance as the case may be devolves upon residuaries.
“The daughter cannot inherit share when there is a son but if the heirs be a daughter and a son’s son, the daughter as a sharer will take ½ and the son’s son as a residuary will take remaining ½, as same, if there are two daughters, sons son and sons daughter,
two daughters get 2/3 rd share, sons son get 2/3rd share of 1/3rd i.e. equal to 2/9th share and sons daughter will get 1/3rd of 1/3rd share i.e. equal to 1/9th share as a residuary”
But In the above extract Para there is no where mentions that he is Predeceased Son’s son and also here there are sharers as two daughters survive their mother the only son has predeceased her.
As per Sharia law / Mohammedan law only heirs who are alive at the time of their ancestor death they are are only ones who are entitle for share in their ancestor property not the ones who predeceased him or her
My Question:
1) Do the orphaned grand children fall into residuary category?
2) Or They will be completely excluded from Inheritance by their Aunts who survive their mother the decree holder as per Principle of representation of Mohameddan law?
3) Do we approach high court that orphaned grandchildren are not entitle for any share ?
avisha
02 December 2009 at 11:14
A father dies intestate leaving behind 2 male children and a widow. Below are certain queries regarding succession of property:
1) As per natural succession and in absence of will of father how will the property get divided between the three?
2) If it gets divided in 3 parts, can my mother or brother or both together sell it, or auction it in any way without my signature all the 3 parts or their individual parts?
3) Once the mother gets the ground floor as a share is it possible for her to will it to either of them. From what i know only self acquired property can be willed away and as the property is in the father's name and the mother gets her share as succession is it possible for her to will the ground floor to either of them and if not then how is the ground floor divided after her?
4) Can two people get together and sell the property, yet give the third person the share? But if one person is against selling the property right now can that person have a veto or right to stop and if two people get together to sell it can the third person legally obtain a stay?
Hope to recieve a reply soon for the queries.
Anonymous
01 December 2009 at 21:43
Sir,
When a divorce petition for divorce filed on the ground of cruelty and during proceedings parties compromised and petition got dismiss as withdrawn. Whether cruelty if any till upto the date of getting the petition dismiss as withdrawn can be waived or condoned. If so case law.
Mohamed Ali
01 December 2009 at 16:22
A Sunni hanafi family partition suit was decreed in 1960 by the Additional court, There are 11 decree holders 6 sons and 5 daughters, So as per decree each son is entitle for 2/17th share and each daughter to 1/17th share. Later RFA was filed and finally.
Final decree petition is filed in the year 1989, there were two types of properties town properties and revenue properties in the decree schedule, town properties were distributed by appointing a commissioner as per decree in 1995 and final decree proceedings for revenue properties is still pending in Principle civil judge senior division and CJM court.
In one of the daughter’s case who is 3rd plaintiff in suit, she had 1 predeceased son with
3 children’s and 2 daughters’s who survived her.
While filing Final decree petition in the year 1989, the 3 children’s of predeceased son were wrongly brought on record as Legal heir’s of 3rd plaintiff along with her two daughters, to which the two daughters did not object then, Now in the year 2008 daughters have filed an Interlocutory Application under Section 151 of CPC, in front of the trial court to strike out from record those 3 children’s of predeceased son who are not entitle for any share in 3rd plaintiffs share as per Mohameddan law. It is well Known that as per Mohameddan law Orphaned grandchildren are not entitle for any share in grandparent’s property.
Orders on our IA: The Judge has dismissed our IA last Thursday saying, whether these Orphaned grandchildren entitle for any share in 3rd plaintiffs property cannot be settled in this pending Final decree proceedings as per order 1 rule 8, further saying Final decree proceedings is for only allotment of shares as per decree.
Further in this pending final decree proceedings, the parties except us have compromised out of court with one of the non bonafide subsequent purchaser of one decree schedule property ,who has been made party wrongly, for which we are objecting saying there is problem in branch of legal heirs of 3rd plaintiff which needs to be settled first, The judge is ready to settle issue of non bonafide purchaser in FDP but dismissed our IA saying it cannot be settled in FDP. The case is adjourned for 16th.
But as we know as per Order 1 rule 10(2) legal heirs can be strike out from record at any stage of proceedings if they are not entitle for share as per law, and also we know Final decree proceedings is continuation of original suit for partition where in any type of application can be considered. As these Orphaned grandchildren were brought on record after preliminary decree while filing final decree petition, they can be deleted, as per order 20 rule 18 final decree petition may be amended accordingly.
Now our advocate is planning to file CPC writ petition in the high court to challenge the trial court order as our objection is based on Mohameddan law point.
Please advice which is the best way to proceed. So that we can delete these Oprhaned grandchildren wrongly brought on record in this pending Final decree proceedings itself
Seeing to that during such time no harm must be caused to 3rd plaintiffs share in trial court proceedings.
Anonymous
01 December 2009 at 15:57
hi there,,,my name is rehana ,,i ve some legal queries ,,regardin my frst mairriage ,,to start wit ,,,im amuslim by birth,,,at the gae of 18 i married a hindu boy ,,in the court,,whr name was changed to neeta,,,aftr 6 mnths,,,we performed a nikaah at my parents request,,,whr my husnad changed his name or converted to a muslim name,,,aftr that he continued as his hindu name ,,,,and i continued as neeta,,,aftr 12 yrs,,,,i seeked divorce but cudnt thru hidu act as needed his consent,,,thn was advised to take khula ,,,i got a fatwa,,fr divorce,,,which my lawyer sent to him,,,thn i got married to someone else,,,nw my ex husband says my divorce as muslim law wit him was nt valid and i was still his wife whn i gt married second time,,so im in a big dilema ,,wethr this sec mairrage is valid or not,,,,kindly guide me,,,thnk u
priya
01 December 2009 at 10:06
Dear Sir,
my freind is hindu and married with muslim.They already register marriage with Marriage Certificate please guide for get facility from maharashtra governement.
because they went in zp then collector office but this people said not facility for mulim , crichen intercaste marriages.
Please guide us.
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