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akhil   30 January 2013 at 17:21

Rite of my son after divorce

Dear Team

I and my wife are residing alone from last 20 years
We got divorcé around 5 year back. My son who is around 30 years old is residing with his mother. From last 20 years.

My father has a house which was transfer to my mother after his death . and after my mother’s death the house got transferred to me.( my father got the house from his father)

1 Can my son claim any rite on this property if yes then how much.

I have another property which was purchased by me by my own savings. . Can my son or wife have any rite on the property Regards
akhil

SUBHADEEP MUKHERJEE   30 January 2013 at 14:49

Marriage registration

Dear Sir,
Me SUBHADEEP MUKHERJEE. I have marry on 02.03.2012, but till now I have not registered my marriage with goverment. I belong from general caste(bramhan) and my wife belongs from OBC (Other Backward Caste) (Napit). Now after the registration her surname will be Mukherjee. For this reason her OBS Certificate will be cancelled or not. THE SECOND QUERY She have to write my surname along with her father's surname in bracket or not. If she only write my surname what problem can occur in the case of OBC Certificate. Kindly help me

Rajan   30 January 2013 at 14:05

Defamation suit - wife

Dear Sirs,

I have established in the Court of Law that the Respondent (wife) with all intention provided fictitious name and false identity of the Petitioner (Husband) with absolute wrong name, profession and address, in the cross examination she accepted to have committed the mistake. I depend on IPC 419, even though it is a offence but not punishable but have committed mistake. Also because of her act of flase identity and fictitious name, the Petitioner name in the society has been lowered and he was under stress and strain resulting in termination from his job as he didnt attend the job for the Respondent declaration in the public records.

Sir, can the Petitioner be entitled to file a defamation suit against the Respondent for lowering his character by providing ficititious name and false identity in the public document? Kindly advice

at your mercy   30 January 2013 at 12:34

Crpc 125 cross exam

My wife filed false case to distance me as she &the three daughters( all major now)o to lead a free life without any discipline and her elder sisters husband stands instrumental.

now I would like to cross more personally to bring out the truth. And his eldest brother is aware of and stands with the entire truth. he may not come on his own as a witness but if called, mostly spell out truth

May I ask the judge to be present when I cross her and may ask the advocates to be away?
May I ask the court to call her brother as a witness?

Mitul   30 January 2013 at 11:54

Right of sisters in mother property

My father executed a gift deed in 1966 on the name of his wife my mother and transferred all his assets including all immovable and movable properties / assets ( which includes bank balance, cash balance and all other investments in form of shares, mutual funds etc) Later in 1967, he expired and all assets were in name of my mother. He has 2 sons and 4 daughters. But the property was all given to his wife by a gift deed as mentioned above.
Later in 2008, my mother made a WILL, wherein she distributed all the properties to her 2 sons, daughter in laws and her grand children’s. The copy of the same is available with us, but the same is not registered. My mother expired in 2009 and after this event, 2 daughters among 4 made a dispute and asked for their share in the properties. Without discussing this with us, they submitted direct notices to concerned offices and asked them to stop the process of changing name on properties claiming that the WILL is fake.
There are four properties A,B,C&D. We were successful in registering name on all properties according to the WILL executed by my mother
As on today, we have received further notice that they also intend to have share in gold, silver and jewellery items.
My questions:-
1)Whether mothers property can be claimed by daughter’s ?
2)If WILL is not registered, and the other 2 daughters are with us, so is it a strong case for us to fight in Court?
3)Or any other best solution, you can suggest on this?

Rajesh Tandon   29 January 2013 at 22:23

status of mother- post adoption of daughter

1.I'm writing to you in connection with a query about status of a widow who adopted a girl as a daughter. Subsequently the girl got married and staying separately from mother. In Army, the various rule positions pertaining to different kind of pensions is as under:-
(a)If a widow gets an award of special family pension or a liberalised family pension she can continue to draw this pension even after her remarriage.
(b)However, if she draws ordinary family pension she is not entitled to continue the same after her remarriage.
(c)In addition a childless widow can continue getting her pension even after remarriage.

2. In the present case, what is the legal status of the widow for the purpose of continuation of family pension if the widow gets remarried?

3. After having adopted the daughter, what is her status in the eyes of the law? Would she be considered as childless widow or considered as a woman with the daughter and no more entitled for status of childless widow for continuation of family pension though she adopted the daughter but she did not give birth to the daughter.

4. Request guide on the legal aspect of the query.

Santosh Maske   29 January 2013 at 18:13

Notice by husband

h send notice to w calling upon her to tome back to matrimonial house.
w want to go but on account of illtreatment given by mother in law father in law and sister in law she is unable to stay ther
after sending notice h come to w fathers house and told to w to not to come and if she came back she has to face further consiqwenses
therefore i replied to the notice on behalf of w that what ever behaver is by h and sending notice calling upon w to come back to h's house is not clear

now?

1) h is nothing doing not going to court or did not come to bring her back

2) what is remedy available to w

please sujjest


thanking you
adv. santosh maske

Member (Account Deleted)   29 January 2013 at 17:12

Query

A has a son B. A dies suddenly, after that suddenly C claims to be the wife of A while distribution of property. B outrightly denies this fact of C. C says she was living with A from last 10 years. After investigation, It was found C and A were living together for 10 years and trial court arrived at the fact that the society accepted them as husband and wife, so they have to be treated like husband and wife. But B argued the marriage to be invalid as per Hindu Marriage Act, 1955. Presently the matter is before SC by a SLP opposing the trial court's decree.

So whether living 2gether for 10 years as husband and wife without fufilling the condition of HMA gives the status of husband and wife to parties or not.

plz suggest argument from the side of wife C.

shonali   29 January 2013 at 15:45

Regarding mutual consent divorce

hie,i have a query regarding divorce by mutual consent...i have been married since last three years and i have a daughter who is two years of age.The first few moths of marraige were good but then things began to get sour because of my husbands behaviour.He used to fight with me every second day which caused me mental torture.However things did not change even after three years.I find it really difficult to stay with him and most of the time i'm at my paternal home.Have even spoken to my family about it but they are dead against my divorce due to social pressures even after knowing that we both arent happy in this marraige.Can you kindly suggest me the procedure and how to do it all by myself and also regarding my daughter's custody.I do not want any alimony all i need is to free myself from this relationship with a mutual consent.

Amit   29 January 2013 at 13:32

It details asked

My wife filed interim and permanent maintenance u/s 24HMA and 125CrPC.
She filed an RTI to get my income details from IT dept which were rejected by the IT dept.
She now filed a petition in the family court to direct the IT dept to provide my tax returns?
Is this valid petition? Can she ask so? What should be our ground to reject it?
If it can be asked, can we ask similar details of her?