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Ajay   31 December 2012 at 13:54

Muslim inheritance

Is a daughter-in-law entitled to inherit to self-acquired property of her mother-in-law? The women belong to Khoja [Shia muslims] community. The husband of the daughter-in-law [the sone of the owner of the property] is deceased. The immovable property was purchased in the names of the mother-in-law, brother-in-law and the children of the daughter-in-law.Please find the attached file for details.

Ajay   31 December 2012 at 13:02

Islamic inheritance law

This is a query about inheritance of a self-acquired property of a married woman belonging to Khoja [Shia muslim] community. After the death of the woman does the daughter-in-law of the woman receive a share in self-acquired immovable property of the woman? Whether different rules apply if the son [husband of the daughter-in-law] has predeceased the owner of the self-acquired immovable property? What rule applies if the son is not predeceased?

Naveen   31 December 2012 at 09:43

Misuse of 498a

Dear Sir,

Please help to know that the better way to evade from misusing of law 498a by new married bride,

it is urgent,


regards,

sasha   30 December 2012 at 14:43

Legal marriage

Hi there ,my husband got married in nov 98 nd got divorced in feb99 from his first wife .but actually to take divorce he showed his marriage backdated on 16 nov 97 and took divorce showing years separation which is telling lie to the court.
He then got married to me in jan 2000 but now he has left me nd my two children for last two years .multi litigation is going on .now an FIR has been lodged against him for dowry.bail has been rejected from session now he will b moving to high court.my question r
1)am I his legal wife ,since he has taken his first divorce by mis guiding the court .?
2)am I still entitled for the maintenance for my self nd my two children?
3)can he demand custody of his children ,since he is not giving maintenance?
4) if he goes to high court for bail application ,nd if I show his first divorce papers ,can high court mark an enquiry?

Harshala   30 December 2012 at 12:55

Require reference of mhada property lawyer

can anyone refer me reference of lawyer who is specialized in dealing in a Mhada property cases in Mumbai?

RT   30 December 2012 at 10:40

Inheritance

My grandmother passed away 2 years back. She had two properties (houses) in her name and she has 4 children - 2 sons and 2 daughters. There was a verbal agreement that sons would share property A and daughters would share property B. My grandmother did not leave a written will. Here are a few questions about the scenario:

1. What is the process involved in dividing each property into two parcels (pieces) and transferring it to respective owners?
2. Do the owners have to pay any kind of taxes when the property is registered in their names?
3. Do grandchildren have to sign paperwork to transfer properties? (All the 4 siblings inheriting the properties are alive.)
4. Can property A be divided among brothers and property B be left untouched? If so, do daughters have to sign off on property A?

mrgop   30 December 2012 at 09:36

Can husband file for divorce if wife's divorce petition get dismissed on merits?

If the divorce petition filed by wife on ground of impotency and mental cruelty get dismissed after trial by court on merits, can husband file for divorce on mental cruelty submitting the previous divorce decree against wife as an evidence?

If yes, do husband have to prove anything except submitting the details of previous divorce petition filed by wife and its order against her?

renuka   29 December 2012 at 21:26

Muslim law

Dear All,

I have question,



A sunni muslim family in india, How the grandmother estate will be divided in this case, a she is survived by only one daughter and and her only son had predeceased her with a grandson and a grand daughter.

As i read in Residuaries Section:65, Mullah, If one daughter survived her share will be half and rest is shared in 2:1 ratio between grandson and grand daughter, whether orphaned grandchildren are residuaries if only a daughter survives, pls clarify.

and in one place in section 53 Mullah principle of representation, he says Orphaned granchildren are not entitle for any share in grand parents property. Kindly clarify. is there is any expection to this above principle, when only daughter survives, if not what will happen to remaining 1/2 share. Pls answ asap.

Regds

Renuka

ASIT   29 December 2012 at 20:44

Muslim divorce - calculation of reasonable and fair provision

How to calculate the reasonable and fair provision and maintenance for a divorced Muslim wife under section 3 of the Muslim Women (Protection of Rights on Divorce) Act. For example the husband is earning Rs. 10000 per month and he do not have any assets.
In your answer I am expecting an an approximate amount like Rs.60000 (1000 x 60 months).

rohan sharma   29 December 2012 at 16:16

Should i file for revision of maintenance

Sir,
I am not living with my wife since 2010. In the year 2011 i filed sec 9, which was transferred by my wife, which is still in court, as during transfer case was delayed.In 2012 she joined my due to mediation in section 125 which she filed in 2011 and later on withdrawn as she started living with me. But once again she returned to her father home in 2012, she filed section 125 once again. IN SHORT, COURT HAS GIVEN FOLLOWING JUDGEMENT " ........IN THE INSTANT CASE THE P-1 HAS NOT PLACED ON RECORD EVEN A SINGLE COMPLAINT MADE BY HER AGAINST THE MISBEHAVIOR OF RESPONDENT(MY. RATHER SHE HAS PLACE ON RECORD A LEGAL NOTICE ISSUED TO HER BY THE RESPONDENT FOR REJOINING HIS COMPANY. IT IS ALSO AN ADMITTED FACT THE THE RESPONDENT HAS FILED A PETITION U/S 9 HMA FOR RESTITUTION OF CONJUGAL RITES. THE RESPONDENT HAS ALSO PLACE ON RECORD THE COMPLAINT MADE BY HIM BEFORE THE CONCERNED POLICE AUTHORITIES ON 2012, WHEN THE P-1 HAS LEFT HER MATRIMONIAL HOME FOR THE SECOND TIME. THERE IS A STATEMENT OF P-1 RECORDED ON THE SAID COMPLAINT WHEREIN SHE HAS ADMITTED LEAVING HER MATRIMONIAL HOME WITH HER CLOTHES, AND OTHER STUFF......................................CONSIDERING THE REASONS GIVEN ABOVE AND THE CONCEALMENT MADE BY THE P-1(MY WIFE) IN HER PETITION AND ALSO CONSIDERING THE FACT THAT HER ALLEGATION ARE NOT SUPPORTED BY ANY COMPLAINT WHEREAS THE CASE OF THE RESPONDENT IS DULY SUPPORTED BY HIS COMPLAINTS AND PETITIONS FILED, PETITIONER NO 1 PRIMA FACIE DOES NOT APPEAR TO HAVE A SUFFICIENT CAUSE TO RESIDE SEPARATELY FROM THE RESPONDENT. ACCORDINGLY NO MAINTENANCE IS GRANTED TO HER AT THIS STAGE AND THE INTERIM APPLICATION QUA P-1 STAND DISMISSED. ....................................THE RESPONDENT IS EARING RS 35000. ...........CONSIDERING THE INCOME OF THE RESPONDENT AND HIS RESPONSIBILITY I HEREBY AWARD MAINTENANCE AT THE RATE 6000/- IN FAVOUR OF P-2(MY BABY).

Sir,Above stated is the judgement of the court they rejected maintenance at the first stage but instructed me to give maintenance of Rs 6000 for 2 year baby.
I am feeling it is much higher as i was expecting not more than 4000/-.

Now i wants to ask should i filed for revision of maintenance of my baby. My wife is also earning but where i dont know. My advocate is very confused he is saying your wife can also file for revision for her maintenance. If you will file for revision than she can also demand for her maintenance also. Now at this stage i am very confused, although i want to file for revision but i also afraid, whether court may increase maintenance. I am working in a private company. Till date i have not filed for divorce, section 9 is still in the court. Please guide me what should i do?????????????????. In case i apply then How much time i have to apply for revision as my advocate told me it is just one month

Please guide me what should i do? My wife has made my life hell......................