Arjav Mehta
24 January 2020 at 12:17
Dear Experts,
I am writing on behalf of my cousin and its like just a normal question but we are confused hence i required your expert opinion.
My cousin had admitted HMP 13 in Civil Court from july 2018, but her husband didnt appear in court.
Court had accepted evidence from my cousin, her notice for exparte divorce, blocking of her husband rights ..etc all the formalities has been completed. And the case status shown as a Final Arguments.
But suddenly, her husband attend in court and submitted an affidavit and court has accepted his application.
our lawyer said that he has to rights of application and now he will have to prove that all the allegations are false.
what should we do
Anonymous
23 January 2020 at 15:47
My husband had deserted me when I was pregnant and has now has filed for an RCR. My daughter is a year old now. We attended 2 counselling sessions already and the 3rd one is next month. By when do i need to give a written response to the court? My lawyer said 90 days, so 90 days from when, when I asked the counselor, she said the court will tell me to when to do it, once the matter moves from counselling to court.
Anonymous
20 January 2020 at 00:00
Hello ,
My mother was second wife to my father.
She was government employee.
She expired without a WILL and left a house.
I am her son how to get legal heir certificate?
Is this has to go through Court to get legal heir certificate?
Does my father can get any share from my mother house , since she is second wife to him. ( house purchased by mother through her own salary).
Madhu Mittal
18 January 2020 at 14:53
Whether a person can be Karta of two Hufs when all members are same?
There is one(Ist) Huf coparceners being Karta named K, k’s wife B, K’s son N, K’s daughter in law M, This Ist Huf was made in 1990. N’s son J, N’s another son L became coparceners when they born in family in 1992,1993 respectively. K’s wife B died in 1994.
Simultaneously, There is another (2nd or smaller) HUf at the same time Karta being N (son of K), coparceners N's wife M, N's son J and N's another son L. This (2nd) HUf was made in 1994.
Karta of Ist Huf i.e K died.
Can N being his only son can become Karta of Ist Huf, while keeping him Karta of 2nd Huf ?
or Ist Huf is to be desolved as all the members of both Huf being same ?
something important are written at below mentioned thread are confusing or not clear:
1. https://www.caclubindia.com/forum/huf-and-smaller-huf-186543.asp
Now coming to the second part of the question, in my opinion, if the Mother dies, then the Bigger HUF comes to an end and only the Smaller HUF would remain (As all the remaining members of the Bigger HUF & Smaller HUF are the same)
2. https://www.onemint.com/2012/tax/introduction-to-hufs/comment-page-1/
Hi Nikhil… An individual can become the Karta of two different HUFs. In this case, the elder son will become the Karta of his father’s HUF and will continue to remain so as long as his mother is alive. At the same time, he will continue to remain the Karta of his own HUF. The original HUF will have to be dissolved once the mother is not there.
3. http://www.caclubindia.com/experts/death-of-karta-of-huf-174821.asp
HUF is dissolved only on the partition of property between the members. Please note partly partition of HUF is not approved under this ACT, Partition means full partition.
4. http://www.financialexpress.com/archive/a-huf-account-can-also-be-closed-after-dissolving-the-huf/482112/
…..You have perhaps not understood the bank correctly. An HUF never dies.
5. https://www.kaanoon.com/7315/dissolution-of-huf
…If father & mother dies than the minor child will be the karta of HUF.
…HUF ceases to exist when any of the following event occurs : 6. When does an HUF cease to exist ? - On total partition of HUF, - There is left only one member in HUF due to death of other member/s or for any other reason.
6. https://www.caclubindia.com/forum/details.asp?mod_id=129702&offset=1
…..untill any of the member is alive in HUF family the HUF can run/continue,
Anonymous
16 January 2020 at 19:57
Respected Sirs,
I myself is son of my fathers frist wife aged 32 years with sister 29 years.
When i was 6 years old my father has married to second wife without giving divorce to my mother
They have 3 more childrens.
He kept my mother away from me. I have been with my grandmother all these years and as he was politically strong he didnt allow me to meet my mother.He treathened my mother not to go to court as i was with my grandmother whose house was in same fathers city. Now my grandmother is expired, my sister is unmarried,
He made his second wife Corporator in elections.
He has started transfering his property to his second wife. He says he will not give us any share in property.
So how can we claim our share sir .
Please guide me.
Anonymous
13 January 2020 at 23:16
I have adopted a baby girl , 6 months old,under HAMA act from her biological parents. Registration deed has been done in subregistrer office, with court stamps, in the presence of biological and adoptive parents and 2 witness. I want to know if any other documents needed for legal adoption apart from registration deed
Anonymous
13 January 2020 at 22:07
my husband has filed a divorce petition against me. the petition is at the evidence stage. Now he has filed and application for returning of Ration card which is with me. But i don't want to give because he left me and now he has also committed second marriage and wanted to through me out from my matrimonial house pls help me with reply
Venkat
09 January 2020 at 01:04
Can someone provide family court information/address for Bangalore?
Thanks.
Anonymous
06 January 2020 at 12:29
Me and my husband are living in mangalore. Once in a while we visit our parents living in kerala. Vacation will be for 15 to 20 days. My husband is working and hence he will stay back only for 5 or 6 days. I am a home maker so he will leave me and my daughter in his house. Though the vacation will be for 15 to 20 days. I am not allowed to visit my parents and stay with them for 3 to 4 days. My parents home is just 7km away from my matrimonial house and I am their only child. My mom's right leg got fractured and my dad takes care of all the household chores. Still my mom in law says that after marriage the daughter in law is supposed to stay in her husband's house only. She says that I may visit them but should return back the same day itself. And that whenever I want to visit my parents I should get her permission. My husband and dad in law has no problem with me visiting my parents. But both of them never dared to speak for me. I am feeling depressed and guilty. Is there any legal solution to this problem.
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Father's name change in childs documents
My friend has a child born with out marriage. There was no marriage happened nor registered. Child's biological father left my friend and not heard for the past 7 years. He is presumed to be dead. She wants to get married now.
1. Does she require any divorce decree to marry? Please note that she has never married anyone and there is no registration of marriage.
2. In child's birth certificate biological father's name is there. What all documents needed to change the father's name in child's passport, aadhar card etc.
3. Her boyfriend's name is there in my friend's passport also as husband. How to remove that and add new husband's name?