Vikas Chopade
05 March 2019 at 12:45
Hallo,
Good Morning!
I am going to share my query. I have no brother but one sister. My father and mother are alive. I have some immovable properties in my name. I got property from my father inherently. Now all immovable properties are on my name. My sister may demand share in my property.
In case my sister’s claim in my property. Whatever property I have it is inherent property. I do not have much income to accumulate such property.
What is way out to nullify my sister claim?
Can I do register Will Deed or Release deed concern of my sister?
Please guide & advise me.
Awaiting for reply
Regards Vikas
Anonymous
04 March 2019 at 21:25
Hi ..I have filed divorce on 2014 after lot of pressure and threatening from my wife and her mother. Their side they are trying their best to delay the process and from past 4-5 years ..nothing has been progress and matter is still getting delayed . I filed the divorce and then she filed a objection and again i filed an objection on their objection as directed by court and then case has been stalled and the court is delaying it . Whenever i appear the court , it is said that the hearing will be in the next date . How can i proceed with this situation. What steps I can take for a faster resolution.
Arjav Mehta
04 March 2019 at 16:37
My Friend have submitted HMP 13 (Contested Divorce) and husband is not attending court but just now husband is ready for MCD and he told that whatever the documents is there you will be prepare and I will come and sign it.
Dear Expert, I want to know that is it possible to Contested Divorce is transfer as MCD?
After Customary divorce shall we affidavit the same copy in contested divorce and took the MCD in next hearing
Sarathy
04 March 2019 at 10:24
Hi Sir,
I have applied for divorce. My case status was �EX-PARTE evidence�. My lawyer didn�t appear in the court for filing affidavit in the last hearing by demanding more money. I only appeared and complained about my lawyer to the judge.
The judge has given next hearing in the month of march. The current Status of my case is �Appearance�.
I also complained about my lawyers to other lawyers. So he finally agreed to give vakalath and petition copy.
I am financially week right now. So i am planning to approach another lawyer for preparing an affidavit and submit it to the court on my own. I have only petition copy with me and No other details like paper add etc.. So please help me to proceed further. is it possible for me to appear or any other method to follow?. If you could provide me more details on this , i would be thankful.
Vijay
04 March 2019 at 10:18
Hi,
I married in Jun'15 in orissa and i am working in a private sector job in hyderabad. We (my wife and me ) have stayed for 1 month in Hyderabad.After that with out my intemation ,my wife left to her home at bhubaneswar .We have made so many request by going to wife's home.My brother in laws is a SDO ,full rich family. Me , My parents, Village head and Brahmin Sangha president were tried to compromise. She is telling one thing ,"Either you pay 25 Lakhs or come to bhubaneswar to have a successful matrimonial life.Forget your senior citizen parents and Physically handicapped sister."
Then i have sent a advocate notice, which they refuse to receive.
finally i have file a divorce case in Nov'18 at hyderabad after 3 years of separation.That also court set for exparty.No SMS or conversation from their end with in 3 years.Finally during evidence checking date by court their advocate asked court to next date to appear by wife .I found some information that ,they want t transfer the case to bhubaneswar ,for which they approached supreme court.
My Question :
1.What will do in this situation.My advocate says If supreme court says nothing to be done from our side to sop transfer.
2. I am having a audio proof ,where she is telling me that ," She came for one month and will destroy my life after that" ,while we are staying at Hyderabad for 1 month.In this case Can she eligible for Maintenance.
3. My Advocate says at any situation, i need to pay maintenance of 1/3rd of my net salary,My current salary is 55K and rent is paying 9K.This shows a clear cheat with me,having some other audio proof.How much is to pay in this case as maintenance.
further my wife is Threatening to me ," I will not marry any one and never allow you to marry anybody."
please suggest what i will do in this situation.
Thanks,
Vijay
Anonymous
02 March 2019 at 11:28
a divorce petition was filed u/s 12(1)(c) of HMA on behalf of a girl who was forcibly married by her parents against her wish. Petition was filed on 9.4.2018 in family court. summons were issued to the boy who is staying in America who did not respond and treated as ex-parte. evidence marking is over. The doubt is whether it should be treated as annulled marriage or voidable marriage ? as such case is prolonging. I request the experts whether any citations are there in this regard for cases of forcible marriage u/s 12(1)(c) ? request you to pl provide.thank you.
Anonymous
27 February 2019 at 20:07
Hi,
Q................Can I send legal notice to the husband of me Ex?
We consented to a mutual decree divorce in 2016 with joint legal custody of our girl child presently aged 13 years with systematic parenting time/visitation rights in INDIA. Now my Ex got married to an Canadian Citizen presently working in USA-new jersey since 2015. As per the consent decree drawn either parties would not relocate the child out of INDIA till she becomes major ie 18 years.
On Jan 2019 my Ex-ran away with the child from INDIA to Newark on visitors visa and I have already initiated Custody proceedings in INDIA including execution of the decree of 2016 but in INDIA.
i have come to know that my EX is seeking Dependent visas and School admission of the child on the basis of her new husband.
Can I send a legal notice to the husband of my EX through an attorney/Advocate residing in NEWARK area directing him not to seek school admission or process any temporary/permanent visas of my child till the custody matter is decided in INDIA.
Anonymous
27 February 2019 at 09:19
We were having GWA order in Jan 2017 based on compromise pursis. Due to change of circumstances like change in school timing affecting visitation hours of child and many more thing we filed GWA 2nd time in Mar 2018 with Interim Application to modify visitation hours.
Our interim Application of GWA was dismissed by Family Court with heavy cost. We are planning to file Special Civil Application in High Court under Article 227:
Now my query is :
(1) Whether State will become party to this or not ?
[We approached several local lawyers but there is a difference of opinion on this. Some say in civil matter State will not become party. Some say since you have been charged with cost, State will become party to this.]
(2) Whether we can/should use Article 226 & 227 both ?
[What are pros and cons of using both ?]
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Unregistered will in favour of 3rd party
My father and Mother were living separately for almost 3 decades but not divorced. I stayed with my Mother. And I was in touch with my father until around 5-6 years ago. Recently, my father died and we were not notified of his death and couldn't even perform the last rites. When we came to know about this later in the day, we went to his place and found that one of his employees and her husband are staying there...! They were not ready to even allow us in my father's house. We inquired about his death and came to know that he was suffering from various ailments and that he also had cancer in the last stage and was operated / hospitalized 3-4 times in the last 8-9 months. The couple was not at all co-operative and we suspected some foul play. We went to the hospital and the doctor was also not co-operative and he had issued a death certificate without carrying out a PM. So, after some questioning, we got to know that my father has prepared an unregistered will in her name and made her the executor. Also, got to know that the medical certificate was not of the same date as of the Will date. But, the couple had managed to gather 2 witnesses and also 2-3 people from the apartment where my father stayed. All of them are saying that he was in sound state of mind.
We feel that the couple has taken undue advantage of our family situation as well as his irrecoverable health condition and managed to get an entry into his house 6-7 months before his death. Eventually, they may have convinced him to do this Will in their favour.
1) What should I do to validate if the Will was made in a sound state of mind and / or without any foul play?
2) Should the medical certificate be treated as valid even if the dates are not matching?
3) The medical certificate also mentions only about his physical fitness and has no mention about the mental condition of my father. And so, the couple is banking on the 5-6 witnesses present while signing the Will. Is this legally valid?
4) The medical certificate carries only the doctor's signature and not of my father. Is this valid? Since the dates are not matching, we feel that there is a possibility of the Medical Certificate being obtained at a later date (probably, after my father's death...!)
Please advise.