S.K.SARRAF (ADVOCATE)
04 November 2008 at 23:54
WHAT ARE THE DEFENCES AVAILABLE FOR AN UN-REGISTERED ADOPTION DEED ?
FACTS > AN ADOPTION WAS EFFECTED BY SON-LESS FATHER ON STAMP PAPER DECLARING AND ADOPTING ABC AS HIS LAWFUL SON, FOR ALL PURPOSES. THIS WAS ACKNOWLEDGED BY PANCHAYAT, VERIFIED BY LOCAL POLICE STATION, AND EXECUTED IN PRESENCE OF 2 WITNESSES TO IT IN 1980.
CAN THE ADOPTED SON GET THE TRANSFER OF THE PROPERTY OF HIS ADOPTIVE FATHER, IN HIS PERSONAL NAME,EVEN WHEN THE ADOPTION DEED IS UN-REGISTERED ?
IS THERE ANY BAR ?
S.K.Sarraf,Advocate.
SIKKIM.
sunnysarraf@gmail.com
98324-62260
Mohamed Ali
01 November 2008 at 11:58
A Muslim Partition suite was decreed, In which my grand mother is entitle for 1/17th as per decree in the total property of her father
Note: In Mohameddan law, Predeceased son /daughter childrens are not entitle for any share in their grandparents property, Also in Muslim law birth right is not recognized, therefore the right to property in question will come only after the death of property holder.
My grand mother died after decree, As per decree my great grand mother got 1/17 share, and her only son predeceased her and only 2 daughters survived her.
When filing for Final decree proceedings they brought on record these children of predeceased son as legal heirs of predeceased son who are grandchildren of share holder
who are misjoinders as per law and order 1 rule 10(2) can be applied to delete this misjoinders at any stage of proceedings.
We have filed an Interim Application in pending final decree proceedings to delete this misjoinders,
Will the court executing decree strike out these misjoinders,
Our doubt: Some advocate are telling the court executing decree cannot go beyond decree to delete this misjoinders, but it is a question of LR’s wrongly brought on record after the death of decree holder after the decree when filing for Final decree proceedings hence it can be taken up at any stage of proceedings .
Jyotsna
31 October 2008 at 17:38
I am NRI staying in a gulf country..My father has property in India which is got as gift from his father i.e. my Grand father....Can he give this property entirely to his Son by making will?
kaushikphm
31 October 2008 at 15:33
Dear Sir,
Could you please some websites relating to
procedures for arbitration and mediation in court.
kaushikphm
28 October 2008 at 17:31
Dear Sir,
I have property jointly owned with
My sister and my uncle.
I planned to file partition suit in Highcourt for the same as they are not agreeing for the partition.
Could we go to mediation/arbitration to make partition.
Could you Please advice me.
Mohamed Ali
23 October 2008 at 18:18
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
Rajesh
21 October 2008 at 21:16
Dear Sir
we are in love for long
how can v get married in india
she wishes to come to india
and i will pay for her tickets but
she do not want to return back
and get seetled with me here in india
and v too can not afford travelling cost
how can v manage
pls help us
Bandana Biswas
21 October 2008 at 20:12
My friends husband has filed divorce suit against her. He had filed earlier separation case and an ex-parte order has been passed by the Family court. She is staying seperated from him for the last three years. My friend is not ready to file or contest the divorce case as she knows that its just waste of money and secondly a humiliation, as people will be taking advantage of this. I want to know whether she will directly get the divorce as she will be completing 4 years of her marriage in the month of dewcember'08.
RADHA PYARI SRIPADA
18 October 2008 at 16:46
is it not possible to dispense with the personal appearance of the parties in family courts at every date of hearing except when the case is posted for the evidence of the respective party?
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Death Of Employee - Terminal Payments
Employee No. 8989- Mr Antone Ananth – Date of Birth : 13-Sep-1980::: Date of Joining in company: 13-Sep-2006 and died on the spot in a tragic Road Accident on 12th March 2008 at 09.30 hours while coming to office.
On joining, he gave all nominee declarations in favour of his father both for his Gratuity and PF
On 20.08.2007, he got married. After marriage he did not file any fresh nominee declaration. We have on record his marriage registration church certificate proof.
Now his settlements / terminal benefits have all been ready for Gratuity, Insurance, payroll including leave salary, prorata pay etc
Mrs Ansala, widowed wife has staked claim for the entire terminal benefits because (a) her parents paid huge dowry + expenses on marriage and now on huge debts.. and more importantly (b) her father-in-law demands that to retain all terminal benefits within the family.. but she is not willing for it, (c) her Father-in-Law is already in employment in Railways (oral information to us).
She has not taken the Legal Heir Certificate (LHC) because the local Taluk Office have insisted that the LHC will be issued only citing the three persons as legal heirs with equal share (i,e, Father-in-law, mother-in-law & widowed wife) such that her father-in-law & mother-in-law will get 2/3rds share of the terminal benefits and that the widowed wife shall be paid only 1/3rd share only
Our views:
Family pension will be paid only to the wife as per PF Rules
For PF, Gratuity, Insurance etc, we are informed that in many government organisations the process followed is that even if the deceased has not submitted the Nominee name change after the marriage, it doesn't matter. The Marriage Registration proof will do. So she becomes the beneficiary of PF, Insurance etc. His wife becoming the “undeclared Nominee” overrides all the previous nominee declarations given by him. Marriage Regn certificate appears enough. Hence they make the payment to the widowed wife
Owing to the non-prevalence in the name change for nomination soon after marriage legally here, this rider option is automatically made in to effect. If the employee is unmarried, his settlement goes to his declared nominee i.e. (father/mother/ brother etc) or any legal heir in succession by default.
Now we have on hand the marriage Church Certificate and she has promised to get us the Govt certificate in a few days time
Expert Opinion required
In the light of the above circumstances, please advise to whom to pay these terminal benefits above now ready for a) PF, (b) Gratuity, (c) Insurance (d) payroll including leave salary, prorata pay etc, and in what ratio.