Member (Account Deleted)
15 March 2021 at 11:25
Can you suggest case laws related to this issue of the fact
Anonymous
15 March 2021 at 08:56
My son and me own a flat in Chennai which we bought in 2006. In 2013 we executed a conditional deed of settlement where the property will be managed by me (father), collect all rent and pay all taxes including income tax on rent until my demise and thereafter my rights will be transferred to my wife(mother) till her death. Only after the demise of both of us, the property will be inherited by my son. This settlement deed is registered.
Now my son wanted to gift his share in the property to his mother and relinquish all his rights over the property and allow his parents to rent/sell or enjoy and do whatever they want. They can even bequeath this property to any one of their choice or create a will as they like.
What is the procedure for doing this.
Thanks
D M Chinnappan
A Muslim Sunni Hanafi partition suit is decreed long back 40 years back in which our great grand mother is entitled for 1/10th share and already town properties are divided as per decree for town properties final decree proceeding for part of decree attained finality,
Now final decree proceedings are pending only for other part revenue properties are still pending,
Our great grand mother survived by 2 daughters who are entitle for 1/2 share equally,Â
One daughter who had 2 sons and elder son had predeceased her , Since her grand children from elder son will be deprived from inheriting their father share she has executed a registered will for her Orphaned grand children with consent of her other surving son that her grand children are enttiled for half share as her son would have got if he had survived her with consent of of other surving son,
Is this will stand test of law / Valid.. share is already declared long back only demarcation of properties are pending for only revenue properties..
Regrads
Ali
Anonymous
12 March 2021 at 14:10
From October 2019 the status in Purpose of Hearing is notice for the mutual consent divorce case while checking online. In process title the details shown are Notice to show cause (general form) [General Form (No Provision of Law as such)]. Please explain what this means
Anonymous
11 March 2021 at 16:37
Want to know about the HUF details and various property details taken in my name. In past months, a property like this croped up which has been registered and brought in my name. So i am expecting more properties and being a co-parcener in a HUF whose Karta's name is all that i have. So please if you can guide us in this matter.
My Grandfather died 5 years ago left with my grand mother who is 75 years of age and 3 sons, all the sons live in house of my grandfather.1 son has been taking care of my grandmother and late grandfather since long.The other sons have never looked after their parents or paid a penny for maintenence. My grandmother asked the other sons for maintenence as maintenence for one son is not enough for her, the other sons denied and started abusing her. Can my grandmother remove other two sons from the property of my late grandfather.
Anonymous
11 March 2021 at 00:55
There are total two brothers and 5 sisters in a family among which one is my father who is deceased among the 5 sisters two are already deceased now one of them who is unmarried is deceased.their father and mother ie my grandparents died long ago only one brother and two sisters are alive so now who will be the legal heirs of the deceased unmarried sister who is my aunt .do I have rights over her property and jewellery.do the children of her already deceased sisters also come under legal heirs.
Anonymous
09 March 2021 at 12:58
Sir my grandfather died on 2015 and had a self acquired building and a plot of land in his name , he is left with my grand mother, 3 sons and 2 daughters in which 1 daughter died in 2017(left with a son). he died without a will. Now as the property and a piece of land is divided equally between my grandmother, 3 sons and 1 daughter and daughter's son.
The daughter, daughters son and grandmother wish to give away their share they will get from the property in favor of 1 son, would it be possible. a the property is still in the name of my grandfather. which deed will i need to make, Do we have to pay stamp duty to transfer.
Sir,
My in laws have no male child. They (especially my mother in law) wanted to raise a male child and influenced my wife to come back to their house with my 8 months old son. On 21/9/20,with a fake reason of Some competitive exam, they brought my wife and my 8 months old son to their house.After that, daily, me and my wife were talking over phone/whatsapp video call.I am working in another state and therefore, could not go to their house. On 3/12/20,i asked my wife to come back to my house for celebrating 1st birthday of our kid. She refused. Afterwards, she stopped attending my calls. Then, I could understand it as a part of her parents ploy to grab my child(because her mother after birth of my son expressed this kind of intention).In last week of Dec 2020,i filed restitution of conjugal rights petition. It was posted for yesterday(5/3/21).Her advocate appeared.And it was posted for counselling to Sept 2021.What will be their likely movements. Kindly reply
Child custody and visitation right
I got divorce in 2016. She filed a Maintenance case and then withdrawn on the same year 2016.
Meanwhile, i asked my daughter to see, for that she harrased by filing DV case against me and my parents in 2019. Very unexpectedly, i didn't receive any summon/notice from the court. Looks like, she got exparte order that is, Honble Judge said that i've to pay Rs.2500 monthly maintenance for my daughter. Seems that she again claimed maintenance for her and my daughter too Domestic Violence case in 2019 act. This information recently we came to know.
Now, i want to get my 8 years old baby girl under custody. They are not allowing to see my daughter.
I'm staying in vellore and she is staying in Trichy.
Can i file a Habeas corpus writ in high court of chennai for visitations rights remedy? I've a lots of merit grounds to get my baby with me.
or Shall i need to file a custody/visitation rights case in Vellore jurisdiction?