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Mi3   15 June 2013 at 16:36

Dvision of property

Hi,

My father has a self earned property and he passed away without a will / transfer of property to my mother.
We are 3 children and also have an elder brother who is adopted by my aunt.

1) Now we want to divided the property among the 3 of us , do we also need to get a consent from the elder brother who was given in adoption to my aunt ?

2) Is it better to transfer the property to my mother and then divide among us or should we get it transferred jointly to our name

3) The adoption deed is registered and there is also a line mentioning that he will not have any rights in the natural father's assets.

4) Does the above document hold good or do we need to approach legally to get the property divided without the consent of the Adopted son.

ram   15 June 2013 at 13:26

Divorce

Dear Sir,
please suggest me under the given case..
CASE:
1) A' has two wives B and C'
2)A's first wife is 'B'.. and B has one son
3)A's second wife is 'C' and C has 4 children's
3)A gave divorce to 'B' in 1988. at the same time he was in relationship with C and has three children till the date of divorce.

4) C' does not have any proof of marriage but still living with husband in his home only.

QUERIES:
1) who all are eligible for getting shares in the property of A'?
2)Is B also eligible after divorce? please mention provisons..
3)eventhough 'C'do not having any proof of marriage , can claim property by stating that she was in LIVE-IN-RELATIONSHIP? if yes / no , please mention the provisions..
4) Is B's son and C's childrens are eligible for equal shares? please mention provisons on what grounds?

please support your suggestions with decided cases if any ...

THANK YOU SO MUCH to all..
with regards
RAM

VIKAS   15 June 2013 at 12:10

Property division


My grandfather expire last year He was not having any will. They had 3 son and one apartment which having 4 flat.
All brother on mutual understanding taken 1-1 flat and 4th flat they rented , money coming from that flat goes to maintenance of apartment.

These all they have documented on Rs. 100 Stamp paper in front of notary and each brother have taken one original copy of agreement. They have not done registry of flat but All brother updated their name in Nagar Maha Palika for property.
My question is how much valid this property division ? Is there any chance that any one from them not obey this division ?
What are problem may come in future ?

Shantanu Wavhal   15 June 2013 at 00:48

Wife lied in civil court - remedy after trial concluded ??

i filed hindu marriage petition in dec. 2011

wife appeared on 22 / 02 / 2012 & filed following 2 documents

1. application stating that she is PERSONALLY PRESENT in court and filing vakalatnama. & requested for more time to file WS. (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)

2. she also filed Vakalatnama (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)

on 23 / 08 / 2012, i filed 1 document that i got through RTI.
it states as :
wife is Govt. Servant & she was present at her office on 22 / 02 / 2012.

distance between court & her office = 250 km.
so, it is impossible that she was present at both the places on the same day.

full fledged trial concluded in April 2013 -
my application allowed -
my marriage with this lady declared null & void on the ground that her first husband is alive and their marriage is still subsisting.

though I brought the fraud played by wife to the notice of court with documentary evidence, there is NO MENTION AT ALL about it in the judgement.

now, wife filed appeal.

i want to file perjury / IPC 191 / 192 / 193 / 196 / 197 / 198 / 199 wrt the above mentioned point.

1) what is the remedy available to me ?
2) can i file such complaint / case after the case is concluded ?
3) where to file ? in which court ?
4) will such action be maintainable ?

Kindly guide.

ram   14 June 2013 at 23:15

Divorce

Dear Sir,
Is divorced wife entitled for shares in the husbund's property??

please support your answers

ABDUL SAMED   14 June 2013 at 21:56

Model affidavit and petition

dear sir
kindly send me model affidavit and petition for amicus curiae

thanking you sir

Member (Account Deleted)   14 June 2013 at 18:09

Divorce & rcr, which one should be decided first?

Wife filed for divorce and husband for RCR. Then, if joint trial application is NOT filed, is there any rule that the RCR should be decided before deciding divorce petition?

c. shah...   14 June 2013 at 08:45

Section 14 in hindu marriage act

A Contested divorce petition u/s.13(1)(ia) was entered before one year completion of marriage. Now, An application has entered by parties for granting order to convert the petition from contested divorce u/s.13(1)(ia) to mutual consent divorce u/s.13b in family court after two years completed of marriage.Now,granting order of court for conversion of petition from sec.13(1)(ia) to sec.13b is still pending.My question is; after applying for converting petition to MCD after two years of marriage,Can Section 14 of the Hindu Marriage Act (No petition for divorce to be presented within one year of marriage) apply by respondent as converting the petition from Sec.13(1)(ia) to Sec.13B is still pending by Court? Note: here, the court had entertained the petition u/s.13(1)(ia) without any leave and exceptional hardship. (In short, earlier petition is applied to convert in MCD but still pending by court)

laxmipathi goud   13 June 2013 at 21:10

Can maintainance and in domestic violence act monetory award

can maintainance and in domestic violence act monetory award may be given both at a time , if so whether it is not corroborates each other. is there any rulings for giving or not to give like that.

vasukvs   13 June 2013 at 14:08

Wife's salary

Dear All,

For the Sake of the knowledge i would like to know can husband demand/harass for wife's salary for her bankstatement
kindly help me