ricky
12 October 2008 at 22:29
my father died 2 years ago.he left a will that says every thing he had goes only to me.we r 3 brothers.but nobody knew about this will until few days ago.7 months ago my mother@my brothers made me sign some papers that i didnt care to read.now that i came to know about this will;i told my mother&brothers.but instead they told me that i already have read that will and i have signed another will that states with my authority i transfered everything to my mothers name.but ihave no clue about doing this.iwant everything as my father,s will says.but they are not agreed with this.they are saying that i will get nothing now.pls advice me what to do?
K.C.Suresh
08 October 2008 at 05:56
Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage whether would itself amount to cruelty?
vinod bansal
05 October 2008 at 18:12
Sir
is it mandatory to register a adoptioon deed i mean adoption deed is a compulsory registrable document or not? secondery is it sufficient to attested a adoption deed by a notary public.
Dr. Harrit Jani
05 October 2008 at 13:08
Hello ,
Regards,
I have just studied the case study posted by of Savitri, I have a Query : What in case :(1) Husband and wife had no merital relationship from the very 4th day of marriage, (2) Wife went away with her parrents and other family members taking away allmost all the house hold, appliances, cash, and others in absence of her husband. after three years of marriage, even without informing her husband in either way. (3) The husband became the victim of heart desease and spinal cord desease as well depression under such physical condition was not able to work and earn so lost the job. (3) now still for last five years husband has no income source and totally dependant on his parrents who are again a middle class family and retired father(no pension or any other income)mother is house wife. (4) now after five years wife has filled the application for interim maintanance under 125, before that she has never been in any contact of husband in either way. As husband is not able to work and earn and not earning for last five years. what can be the solution. can honorable court order husband for the allowance or maintainance. What can be the solution and legal guidance for the husband? Please guide.
shivraj
05 October 2008 at 10:36
whether the petitioner can get decree of divorce under desertion and crualty u/s-13
hindu marriage act.
whether two years deser4tion is sufficient.
shivraj
05 October 2008 at 10:24
as the partition took place in between husband and sons in the year 1988 whether first wife is entitled to ask partition and seperate possision?
suit is filed in the year 2002 whether it is in limitation?
whether first wife is entited to equal share in the ancestral property of husband who died pendency of suit?
shabbir
03 October 2008 at 20:53
sir,
i want to know whether a case(sec 498a) settled in lok adalat can be reopened after 5 months of judgement passed in lok adalat.i.e whether the apellant has a power to apply for reopening the case.
also please let me know whether the case file d under DVC be reopened( case is actually dismissed by judge as withdrawn by the appelleant) i actually paid money and the other party agreed for settlement now they are threatening that they will reopen both the cases. can this be done. will honble court allow to reopen the cases under any circumstances
Sunil Dhiwa
03 October 2008 at 13:52
dear i want to give divorce to my wife for that what shold i need to do
or any one have divorce paper so i can get it
waiting for the reply
Mohit Gupta
01 October 2008 at 15:19
Case history
We are 2 brothers and 1 sister earlier lived with our parents in Agra. I got a job in pune so I shifted in pune in july2005, after one year I get married and bring my wife in pune with my parents. My sister is also live in pune with her husband. And my elder brother with his wife lives in agra in our house which is in the name of my mother.
As all of our family members live in pune & my elder brother live in agra alone and he does not have any good source of income in agra so he also come to pune in January 2007 for a job searching living his wife in agra with her consent. due to misdirected brother’s wife by her family members when my brother goes to agra in may2007, she refuse to come here and after a mutual agreement with some old family members she agree that she lives in agra with her two child and her mother i.e. my elder brother’s mother in law up to november2007 and my brother sent him Rs. 4000/- per month for domestic expenditure. After that my brother went in Agra 2 times to bring her in pune, but she refuse by saying that she will teach us a lesson in court. (As per my brother view that she has an affair with her JIJA and her JIJA insists her not to come in pune.)
Now my elder brother’s wife in that house alone and neither she vacant neither the house nor she give the divorce to my brother. This is not possible for my brother to go back in Agra.
Moreover she filed a false dowery case upon us (myself and my sister are 4-5 year separated from the Agra)
Pls if possible can anyone give me a suitable view how to come out from this situation?
We want to overcome from both the siatuation
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Misjoinders
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 case who is a daughter,
She had 3 children 1 son 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(predeceased son of 3rd plaintiff) was not entitle for any share in the 3rd plaintiff 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 as the son(died in 1974) had predeceased, of original 3rd plaintiff, 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 FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(1978) at the time,
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence this issue of predeceased son will come up only after the death of Share holder ie 3rd plaintiff(1/17th share holder as per decree)
question: 1) 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...
2) Since court in which FDP is pending is delaying on argument of our application, can we file a writ petition in High court to delete this misjoinders...