Parental property distribution

Sir,
I a need clear specifications on parental property distribution according to Indian law till date.

In my case my Father was died a months back owing a house property in his name and he had not transferred it to anybody even if to my mother also neither have any will and we are 3 brothers & 2 sisters and all are married. So my question is who are the beneficiaries of the said House Property.

Regarding 498a 125 crpc and mcd

Publication in journal

I recently asked a query and it was answered brilliantly,thanks to everyone who did.
My question which is linked to my previous question on Divorce Case Alimony is:

What is the criteria by which the High Court judge decides not to publish the judgement in the journal?Is it default to publish rather than not publish?

Cause of action

Order VII Rule 11(a) of CPC provides as follows:


"11. Rejection of plaint.- The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;"

Opinions of Experts are solicited on the following queries:

If a muslim wife re-embraces her former faith, her marriage with her muslim husband dissolves automatically. However, as the dissolution is automatic, she does not have any document to prove such automatic dissolution. In such a case,

a) Can she file a suit for declaration of dissolution of marriage against her husband?

b) If so, where she should file such suit for declaration, in a civil court or a Family Court.

c) How cause of action should be disclosed in such a suit for declaration to avoid rejection of the suit under Order VII Rule 11(a) of CPC, if the husband does not deny such automatic dissolution till filing of the suit.

Alimony & child maintenance

I am a married woman of 33 years of age with a son of 2 years. I am married for last 7 years. My husband doesn’t work anywhere consistently. He leaves the job for flimsy reasons, doesn’t do anything for few months, then finds a job, leaves that too in few months and so on. Due to this we had to stay with his parents who used to support our expenses. I got fed up and left him 2 years back and now staying with my parents. I am currently working and earning around Rs8000/-pm. My husband is insisting for divorce since I do not want to stay with him. As he does not work for almost half of the time, I doubt whether he can be able to give me child maintenance and alimony, even if the Court directs him. My husband is 36 years of age and, hence, at times does not get selected for job due to overage. When he gets the job he earns around Rs10000/- pm in hand. Please advice me what should I do ?

Property

hello all,
i had a brothr who died before my mother as also his wife.he had a share in an undivided HOUSE along with 4others.what does hindulaw states about the division of his share withthe surviving mother at the time of his demise? can she write a will which includes that share?
rammohan

About u/s 13 - b

main aur meri wife main 3,50,000/- life time settlement compromise ho gaya hai , aur main 2,00,000/- 13 - B ki petition file karte waqt apni wife ko de deta hu aur rest amount Rs, 1,50,000/- order/judgement of u/s 13 - B dene ka compromise draft kar ke petition ke sath court main file kar deta hu. To kya meri wife before judgement of 13 - B divorce lene se mana kar sakti hai. us condition main court meri wife ke against kya action le sakti hai. Aur jo maine 2 lakh petition file karte samay wife ko diya tha mujhe wapas mil sakta hai kya ? please jarur bataye..

Restoration of case

maine apna divorce ka case 28.2.2011 main not press kar liya tha , kya ab main 2013 main divorce petition ko restore kar sakta hu.

One third maintenance

By reading many threads of this forum that maintenance given to wife is given 20 to 30% of Husband Salary.
Is this maintenance 20-30% calculation after all liabilites (rent,medical bills etc) or just on gross in Hand salary.

Divorce and wait

Dear
Can you please guide me for divorce process
I Married on Oct 2008. (Before marriage we offered for the free marriage and only reception ,but they denied it)Everything gone Okay up to the Feb 2009 ,she was with me at Jamshedpur for 4 months where i was working on a good job about 20000/Month salary,
Feb 2009 – She Got Pregnancy and Came back to see her Mother (affected by Breast Cancer earlier)
May 2009- Her Mother Passed away due to long ago breast cancer. (We asked her to stay there if she needed to support her family for a short time).
Aug 2009 – My Sisters went to see her where they were Humiliated and Insulted by Her Father.
Sept. 2008 – I went to see her but they humiliated and Insulted me also.
Oct 2009- My Mother went to take her back ,She also Insulted and Humiliated.
Oct 2009- I Got baby.
Nov 2009 – I came from Jamshedpur to see both of them. Where I was Humiliated (Father in law asked for 4 lacs and 40000 that has been spent on Marriage and delivery to bring my daughter back). Video enclosed.
Dec 2009 – I asked my wife to go with me for abroad education and life settlement if she is not fitted here. She denied.
Jan 2010 – I went to my In laws and told that I will go by 18 Jan 2010 to UK for study.
In UK I sent her money also ,Visa letter worth (70000 INR) ,asked to join me, she refused to come over there. Even she was not answering my phones. (Informed to NRI Police station HSP)
18 Aug 2011 – I came back from UK (as to save my family life) . Leaving Post study work and Permanent Residence Status offer .
Sept 2011 – After Coming I tried for job and got it so I booked tickets for Jamshedpur to leave Mukerian on 3 Sept. 2011 to stay away with my wife.
Spet 2012 – I carried her with me to celebrate (Raakhi ) I left her in the night and went to get my raakhi from my sister near to village. Suddenly when I came back I saw her with a person and opposed her . They threatened me to put false allegation of 498A. To see all of it I lost my brain consciousness and went to Himachal. After two days I came back to my MC where he told me to go directly at Police station dasuya and report for the same.
Sept -2011 – When she came to know about Jamshedpur migration She put false allegation of 498 A at Dasuya Police Station (In enquiry it was found false)
In Police station she asked me at that time to be separated from my Parents. (Although I was earlier agreed even). Panchayat made agreement that both will be freed and there will not be interference of families. At that time in front of SHO and other members her father asked “ If you want to go with Mandip , don’t come to me”.
Oct 2011 – We shifted to Mukerian to Ludhiana. She insisted me to go again back to her home. Being adjustment I brought her back four times to her parents. There she was meeting with her Cousin Sister also.
Dec 2011 – We spent 2 months at Ludhiana . I told about my new job at Delhi ,at that day she ran away from room and My Home owner settled the things two times. When I told her about relocation she came to her home at bodlan and asked that she will not move.
Jan 2012 – I tried go her home but she refused to meet me.
March 2012- I came back to see them in Holi Festival . as I was supposed to be there on Thursday apparently I reached there on next day and entered my in laws house suddenly observed that my Wife is with one person and my Father in Law is outside. When I saw them without clothes I could not stopped my self to ask for the same. In the meanwhile both my wife and that man attacked upon me and thrashed that I have come here to beat them . I can recognize that fellow by face. They beaten me and asked police to put heavy cases . Without knowing my confession Police Put me IPC sec 107 -151. In the police station she asked me to pay 10 Lacks for divorce.

I have claimed sec 9 of HMA RCR last 1.5 Years Old. I received two time ex par-tee decision ,but now she claimed directly 24 HMA ,although i am paying expenses for child without even court order .

Now am i eligible for Divorce on cruelty and serration basis. I am ready to keep my daughter with me...