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shivakumarbs   25 December 2008 at 13:10

family dispute

respected legal experts,
my mother had registered 2 sites by means of sale deed in my name around 9 years back. those sites were her self acquired property. Now my elder brother have filed a partition suit demanding share in the two sites. my mother is against me now and supporting him due to differences with my wife .plz
tell me what will be the outcome of the suit.

V.G.Rao Advocate   25 December 2008 at 10:37

Succession certificate

Hi Everybody,
My friend's father expired recently leaving behind his wife and two sons. During his life time my friend's father deposited a sum of Rs 8,000/- in the postal department savings scheme, after his death when my friend approached the postal department they insisted him to obtain succession certificate from the court,At present a total sum of Rs 10,000/- is lying to the credit of the decesed person.
Now my question is for mere sum of Rs 10,000/- is it necessary to obtain succession certificate?
2) is there any spececific minimum amount is there for obtainaing succession certificate in the succession act?
3)How far it is reasonable for the postal department to insist my friend to spend legal expenses which work out 50% of the amount lying in the postal department for obtaining succession certicate for getting megre amount of Rs 10,000/-?
4)Is there any case law which says "No succession certificate is required for obtaining debts up to megre amount of 20,000/-? if yes kindly provide me a suitable case law to avoid all legal expenditure for obtaining succession certicate for the purpose of a debt which is megre amount of Rs 10,000/-lying to the credit of deceased person in the account of postal department. it is very very urgent kindly help me in this regard.

Mohamed Ali   24 December 2008 at 10:44

Shares in property..



We are Sunni Hanafi Family..

My grand mother has 2 daughters, My grand mother is entitle for some share as per court decree and the suite is still pending in the court,

Take for example 1 rupee is her share as per court decree..

1) Elder daughter was on record in the suit died she had 2 Sons one of them is dead with no heirs and the other is alive and came on record in the suit jsut now .

2) Younger daughter is still alive and is on record in the pending suit.


As per Mohameddan law,

1)What will be the Share of the Younger daughter in her mother's property ?

2)what will be the share of her Elder sister son that is his grand son in his grandmother property ?

Mohamed Ali   22 December 2008 at 12:00

Mohameddan Law

In India, In a Sunni hanafi Muslim family,

Whether Orphaned Grandchildren get any share in their grandmothers / Grand fathers property ?

As their Father predeceased his mother...

As per Principle of representation in "Mullah Pricniples of Mohameddan law", they are not entitle for any share ?

Whether muslim law in India is codified or still it is textual / traditional Mohameddan law is followed in Indian Courts ?

Ranganath   21 December 2008 at 18:45

Mutual Divorce within one year

Dear Sir, Is it possible to get mutual divorce within one year given the fact that the husband and wife lived together for only 5 days. Can we refer the mutual divorce ordered by Delhi HC for a mraaigage that lasted only 8 months.
Here are the parties.
SH. TARUN KUMAR VAISH Petitioner
VERSUS
MS. MEENAKSHI VAISH

Below is the reasons mentioned for the divorce in the judgement.
"
The other relevant considerations which may be considered for granting the exemption from passage of one year before filing a petition for divorce by mutual consent are:-

(a) the maturity and the comprehension of the spouses;

(b) absence of coercion/intimidation/undue influence;

(c) the duration of the marriage sought to be dissolved;

(d) absence of any possibility of reconciliation;

(e) lack of frivolity;

(f) lack of misrepresentation or concealment

(g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties.
"

Please also clarify if nullity be ordered in case the alleged force on either party is DENEID but still the party is OK with the annullment.

1. In short, I am trying to know if the marriage can be dissolved either by mutual consent or by annulment ( inspite of denial of force) within one year.

2. What is the legal validity of a MoU or a compromise deed in case of a nullity or divorce.


Thanks.

Riya   20 December 2008 at 13:12

Divorce under Mutual Consent

vinod bansal   19 December 2008 at 20:50

Adoption of only son

Sir
whether a widow is competent to give her only son in adoption ..

vinod bansal   19 December 2008 at 20:50

Adoption of only son

Sir
whether a widow is competent to give her only son in adoption ..

sreemoyee   17 December 2008 at 21:52

divorce petition

can any one send me a draft copy of a divorce petition under the special marriage act.u/s 27(1)(d).

sreemoyee   17 December 2008 at 11:28

divorce and judicial separation under the Special Marriage Act

the girl got married 2 years back.ever since her marriage she was subjected to mental torture,so much so, that presently her husband and in-laws have even stopped talking to her.though she is still at her matrimonial home but she cannot continue any longer.all modes of reconciliation by the girl's parents have failed and now she wants a divorce.what is the neccessary procedure?can she directly go for a divorce suit or should first file a criminal proceeding under 498A CrPC and then file for divorce?would judicial separation be a better option?



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