kaushikphm
31 October 2008 at 15:33
Dear Sir,
Could you please some websites relating to
procedures for arbitration and mediation in court.
kaushikphm
28 October 2008 at 17:31
Dear Sir,
I have property jointly owned with
My sister and my uncle.
I planned to file partition suit in Highcourt for the same as they are not agreeing for the partition.
Could we go to mediation/arbitration to make partition.
Could you Please advice me.
Mohamed Ali
23 October 2008 at 18:18
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
Rajesh
21 October 2008 at 21:16
Dear Sir
we are in love for long
how can v get married in india
she wishes to come to india
and i will pay for her tickets but
she do not want to return back
and get seetled with me here in india
and v too can not afford travelling cost
how can v manage
pls help us
Bandana Biswas
21 October 2008 at 20:12
My friends husband has filed divorce suit against her. He had filed earlier separation case and an ex-parte order has been passed by the Family court. She is staying seperated from him for the last three years. My friend is not ready to file or contest the divorce case as she knows that its just waste of money and secondly a humiliation, as people will be taking advantage of this. I want to know whether she will directly get the divorce as she will be completing 4 years of her marriage in the month of dewcember'08.
RADHA PYARI SRIPADA
18 October 2008 at 16:46
is it not possible to dispense with the personal appearance of the parties in family courts at every date of hearing except when the case is posted for the evidence of the respective party?
Mohamed Ali
15 October 2008 at 23:33
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
baljit singh
15 October 2008 at 12:48
where shall an appeal lie against the dismissal of an application u/s 8 of the hindu minority and guardianship act 1956 disposed of by the court of Civil Judge(Junior division)under the delegated powers. also quote some case law.
ARVIND JAIN
15 October 2008 at 11:20
MAHARASHTRA GOVT HAS DECIDED TO AMEND 125 CR.P.C TO INCLUDE WOMEN IN LIVI IN RELATIONSHIP.DOMESTIC VIOLENCE ACT HAS ALREADY PROVIDED PROTECTION TO SUCH WOMEN. NOW MY QUESTION IS CAN WE LEGALISE SUCH RELATIONSHIP AS MARRIAGE AND WHAT ARE THE COSEQUENCES OF LIVE IN RELATIONSHIP IN CASE OF LEGITIMACY, SUCCESSUION ETC ????????????????
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Daughter's right in father's prpperty
I am NRI staying in a gulf country..My father has property in India which is got as gift from his father i.e. my Grand father....Can he give this property entirely to his Son by making will?