SABYASACHI MOHAPATRA
09 September 2009 at 22:52
my elder sister and her husband who resided at bhubaneswar died in 2007 and 2006 repectively.My nephew who is my sisters only son is living with my other sister's family at kolkata.My nephew is 13years old and is a minor.several of my departed sister and brother in law accounts with banks have been frozen since she died.My nephew would need a legal heir certificate in order to operate those accounts.Can my father who lives at Rajgangpur orissa apply for guardian and act on behalf of my nephew?.my sisters father in law is also alive but he lives at puri and is too old and invalid.do we need a succession certificate?riven
Atish
07 September 2009 at 15:31
In The Dissolution of Muslim Marriages Act, 1939 while the divorce case is going on and the petitioner i.e. the wife has left the matrimonial home and gone away on her own will, who has the custody of the 12 year old son and who is allowed to make the decissions. Request that it is a Very urgently needed an answer.
Regardsriven
sailesh
07 September 2009 at 14:51
Ihave special case, my spouse has gone to her inlaws saying to my parents and me that she will return in 21 days with my child.Her brother had come at our home to take her.But after few weeks when we tried to call her back,she has been instigated by her brother who is a lawyer,that she will not return. We and my family members tried to visit her inlaws and had several times convinced her to comeback,but she is not heeding.I suspect she has been instigated and not doing good for my and my family.
We have now waiting for 3-4 months now but there is no response.What shud i do.? my child is @2.6yrs,what are the implications for filing a criminal/divorce warning .What are the repurcations i could be trapped or alleged as,her brother is a lawyer.
In case divorce is certain, and if i am employed what are the chances of custody of my child.Please reply and help.riven
Atish
07 September 2009 at 00:58
In case the defendant in a divorce case has filed a case with the petitioner's Advocate in the Bar Council for misconduct prior to the divorce case filed against the defendant, and would like the petitioner's Advocate to appear as a witness in the divorce case, then still can the petitioners Advocated appear on the petitioner's behalf and could the petitioner's Advocate refuse to appear as a witness in the divorce case.
Misconduct by the petitioner's Advocate was that he was previously handling all cases of the defendant and due to personal unethical practise the defendant had revoked the Advocates services and the Advocate finally filed the divorce case against the defendant on behalf of the petitioner who is the wife of the defendant.
Regardsriven
Atish
06 September 2009 at 22:45
What is the possibility of a mobile conversation present or past be recorded or encrypted in any way(maybe through the services of a detective) by the petitioner for a family court matter and would it have a stand in the court as evidence against the respondent.
Regardsriven
Ria
06 September 2009 at 14:55
Respected Experts,
Mine is a divorce case and Iam the petitioner (party in person). The court had granted me Interim Maintenace in 2004.
My husband paid the Interim Maintenance for 4 years and later in since 2008 till date he did not pay me the Interim Maintenance. I filed a Recovery petition in the court for the same, so my husbands lawyer has now in 2009 after one year pleaded that the had Interim Maintenance be Set aside as my husband has retired from his company and therefore has no income.
Therefore:
1) Can I claim my arrears of maintenance to be paid from the Provident Fund of my husband which he recived on retirement ?
2)Would the court be justified in setting aside the Interim Maintenance when I do not have any other source of income ?
Please advice.
shahnaz
06 September 2009 at 12:10
Hello All,
I am a sunni hanafi,
Will Orphaned grandchildren get any share in their grand mother or Grand fathers property as per Sunni Mohammedan law..
or they are completely excluded from inheritance by their aunts or uncles.
referred book Mullah book (Bible), he has said in section 65 , as Son's son will get some share but he has not mention wther the son's father has predeceased his father or mother.
Please clarify..
Atish
06 September 2009 at 07:48
In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years and is there any right of the wife on the property on the husbands name where funds have been invested after sale of his parents property on his name.
Regards
Adv. Deepak
05 September 2009 at 21:15
Respected Members, Kindly advise me. I am a petitioner in divorce case and matter posted for filing claim affidavit. Can I include in my claim affidavit the facts regarding the issues that have appeared in the written statement of respondent and which I have not pleaded in my petition. Is it possible for me to do so. Please extend your valuable guidance. Regards.
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Meaning of Family Members under law
Sir
We have entered a compromise with a person that we have to sell our house in the open market. There is a condition that house cannot be sold to a family member directly or indirectly.So i just want to know relations covered under defination of family members and i am living with my parents one sister and a grandmother.riven