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Atish   22 October 2009 at 22:53

PROPERTY PURCHASED ON BOTH WIFE AND HUSBANDS NAME

I HAD PURCHASED A PROPERTY IN 1995. I HAD OPENED A PROPRIETORY CO. FOR MY WIFE JUST FOR TAX PURPOSES. I ALSO HAD MY OWN PROPRIETORY CO. SO WHEN WE PURCHASED THE FLAT IT WAS BASICALLY MY BUSINESS MONEY WHICH I WAS DIVIDING BETWEEN BOTH THE ACCOUNTS.(REAL ESTATE BROKERAGE.)
WE HAD ALSO TAKEN A LOAN ON THE BFLAT WHICH I CLEARED IN 3 YEARS AFTER TAKING MONEY FROM MY PARENTS PROPERTY THEY HAD SOLD.
TODAY WE ARE HAVEIN A CASE FOR DIVORCE FILED IN THE FAMILY COURT.BUT MUCH BEFORE THE CASE WAS APPLIED I HAD ALREADY TRANSFERRED MY WIFE'S SHARE VIDE GIFT DEED THROUGH A REGISTERED POWER OF ATTORNEY ON MY MOTHER'S NAME.
CAN SHE CLAIM ON THAT PROPERTY AS FINALLY TO CLEAR THE LOAN I HAD USED MY PARENTS MONEY.
WE ARE SHIA MUSLIMS. SO WHAT IS THE RULE IN THIS CASE. CAN SHE CLAIM FOR HER RIGHTS IN THAT PROPERTY I AM NOT ACCEPTING THE DIVORCE IN THE FIRST CASE.
ALL OTHER PROPERTIES WERE ALSO TRANSFERRED IN THE SAME MANNER TO MY MOTHER OF MY WIFE'S SHARE. BUT THESE PROPERTIES WERE ALL PURCHASED VIDE MONEY TRANSFERRED BY MY PARENTS TO MY WIFE'S AND MY ACCOUNT AS A GIFT IN THOSE DAYS.
KINDLY HELP.

G. ARAVINTHAN   22 October 2009 at 22:47

Dispense with personal appearance

Wife filed Transfer application before High Court to transfer divorce proceeding from one family Court to another.

She filed a stay application along with another application to dispense with her personal appearance.

registry returned the papers for want of provision before High Court?
what is the procedure now?

Anonymous   22 October 2009 at 20:23

Judgement Related to Sec-8 of HMG Act-1956

Sir thanks for your reply.
Now i want to know the relevant cases related with the sub section-4 of the section-8 of Hindu Minority And Guardianship Act. Please give me the cases in which court grants the permission to sell the property of the minor in case when property is inherited from Deceased father and the mother is the applicant.

Anonymous   22 October 2009 at 03:27

guardianship

Under what provision of law a guardian can be appointed for a mentally retarded adult person.

Suresh G .   21 October 2009 at 15:29

succession

a christian man married a christian lady(first wife) and got 5 children. after death of first wife he remarried another christian lady (second wife) and got 12 children. now husband died 2nd wife also died. How will the property in the name of 1st wife be apportioned. to be more specific what share will the 2nd wife's 12 children get.

rani chinnappa   21 October 2009 at 12:52

can the Caste Schedule Caste can be nondecelerad

Iam biologically born to a Schedule caste parents and i married a scheduled caste person.

Now,
i would like to not to declare the schedule caste for my off-springs, and also not interested in getting benefits out of it,

is there any thing i can do for it, please advise, so that i can get it done before my wards getting into school.

thanks
rani chinnappa
chennai

anand tripathi   20 October 2009 at 21:30

Time limit for disposal of Divorce petition

What is the time limit for disposal of Divorce petition under Hindu Marriage Act.As I heard, Supreme court had passed many judgements regarding time limit. Is any one may help me to provide caselaw for reference. I am contesting divorce petition for seven year and still I am unable to produce my first evidence. The other party is influencial and mould Judges for seven year. So please help me. I have very bad experience about Judiciary and I think Complaint about Judges may be unfavorable for my case. Whether, it is suitable to file expedition petition in High Court.

Note- Sorry for typing error as 'my' for 'many'.

Thank you for quick reply. I am totally ruined in these years because I have travelled 650 Km. to attend the hearing of case. I am suffering from acute depression and anxiety about my life as I am now 42 years.

priya   20 October 2009 at 20:06

wrong date

I got your point but one thing more as my divorce was under section (10a), so according to christian marriage act 2 years of seperation is necessary, as we had a common lawyer who informed us this only but didnt tell both the parties that he is getting the dates wrong(year). as i was married in dec2007. so he mention dec2006 just to show 2 years of seperation and in the month of july we got the divorce, but now if we apply for correction with a right year(dec 2007) will that correction or divorcee will happ in july 2010. please advise thank you so much for your time. and if i go ahead with my marriage with a second man as he knows about the wrong date in the paper and later if things dont work between both of us where i will stand will i be his leagal wife, or it will be a bigamy??

Anonymous   20 October 2009 at 19:28

Cancelled Marriage

hi,

This relates to the cancelled engagement of my nephew. My nephew liked a girl and they were carrying on for some time. But he got engaged to another girl due to family pressures. Later on we came to know that the girl he got engaged to was not of a very good nature and marrying her would cause problems later on. So his parents decided to call off the engagement. However, the girls side people later on found out about my nephews affair with the other girl and are now threatening to file a case against him and his parents for cheating, i.e not disclosing the facts before the engagement. They are also threatening to defame them by publizing about their affair in the church and are blackmailing him just for nuisance value. They are not interested in continuing the marriage but just want to take revenge for cancelling the marriage.

My questions are:

Does the girls side have any legal recourse against my nephew?

Does my nephew have any legal recourse against them for blackmailing and harassing him and his family?

Please advise. Thank

Anonymous   20 October 2009 at 18:58

Special Marriage Act

I would like to know the legal consequences, of marraige under special marraige act, in relation to property, divorce for each community under their personal laws, as I educate women about their rights, and see a trend towards special marraige Act without understanding the consequences, Can Anybody help with comparative study especaily between hindu marraige act and special marraige act