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k.s.reddy   21 June 2016 at 15:36

Will without right

1 my gf ( mother's father) got property form his ancestor.
2 he have (1)f+(2)m+(3)f issues.
3 (3)f died 2sons husband (live)
my gf wrote a registered will (vacant land +house+ agricultural land) without consent or knowledge of his son or daughter. nothing remained to son.

now the son raising objection in will.

what is the remedy to son

give your valuable suggestion as early as possible.



Suhas   21 June 2016 at 15:15

Want divorce from wife

Current status :
I m 44 yrs old state government employee married in 2000. My wife is housewife we have 2 children, my son is of 14 yrs (at present he is living in hostel) and daughter is 12 yrs old (living with her mother in flat). My parents (father 78 yrs and mother 73yrs) living separately in their own house at Akola. And I m living separately alone.

Short History:
After marriage within 6 months conflicts/clashes between us. She was not with me for 6 months. I wanted divorce so issued the notice through advocate and also convey through the mediator but her parents claim for 498 ( issued the notice) in which all my family member names were included. At that time my younger sister was unmarried and due to worst situation against me, we decided to fetch her back and compromise the matter.
After that my parents separated my family and we lived together for 10 years at Khamgaon ( at where my jobs posting). We blessed with 2 children a son and a daughter. In that period, periodically quarrels in between us. In short all is not well. But I always compromise the situation with the hope of better.
In 2010 I shifted to my parent’s house at akola with the agreement of my wife. But after some days she again becomes aggressive and got quarreled with me and my parents with small reasons. I was very upset and at the last I have taken decision to shift from parents home. They also suggested me to live separately with your family and live happily. So in 2012 I purchased a flat in same city by getting funds from housing loan from bank and govt. and shifted there.
After some days gone, her nature again become aggressive and she conflicts me many times. She abuses(curse shower) me in front of my children which creates very bad effect on my children. I have decided to keep mum and near about 2 years there was no dialogues in between us and not kept any relations with her only for children’s future. But day by day situation went wrong her aggressiveness becomes very painful to me and I went into depression. Due to loan EMI my financial budget got disturbed. I complained about her nature to her parents time to time but no any action from them.
In the last year (2015) I called meeting with all relatives from both sides and conveyed all the situation, after large discussion no any solution found at the last I declared in meeting that hereafter it is not possible me to live with her peacefully. And I have shifted to Washim ( where my current posting is) and my son admitted in hostel because he also don’t want to live with her mother. Every month I deposit EMI of that flat and maintain all expenses of wife and my daughter from my salary.
In the whole year she makes calls ,threat me and makes mental harassment for money abusively.
I really got disturbed and in feel depression.
My friends/relatives suggest me to remarry. But she is not ready to give me divorce.
My question is :
Is it legal to live-in relation with unmarried female (with her willingness). ?
Is it necessary to separate legally?
Whether she claim 498 against me? Or What?
Please advice me .

Thanking you.

Anonymous   21 June 2016 at 14:37

Wrong certificate

I was appointed as ldc under compassionate grounds. My father document doest say any community.my mothers say obc. So i got a obc certificate using her document. Now they say its not valid . Am already appointed and adjusted in obc category. But now my certificate are sent for verification. The result may be negative. Can i approach my HOD saying it was wrongly mentioned and my mother filled it wrong . And change my order to general. Its compassionate ground. Can it be rectified before the verification report. I did not enjoy any benefits under obc . I was only adjusted to that category as i mentioned it .please help me with a suggestions. I didt do anything wrong.now my job is at risk .

paresh zatakia   21 June 2016 at 14:30

Non resident directors' remmuneration under fema

Dear Collegues,

querry:

TTI (Indian company) is 100% subsidiary of TTE (Italian company)

Mr.M (Italian citizen staying in Italy) is a director in both the companies.

He sits in Italy, takes all major decision sitting over there ( He Comes to India only for
2-3 days in a year).

He want TTI to pay directorship salary/remuneration.

Querry:

1)Is there any bar in making payment of salary to him under FEMA?

kind regards
c.a.paresh zatakia

Anil Pasupala   21 June 2016 at 14:22

About passport entry exit stamps

Dear Experts,
I am appreciating all support from LCI members; this forum is very much useful for dummies like me.
Now regarding my queries

1-FIR registered with (498A,323,506 and DP act sec 3 only) But in charge sheet its (498A,323,506 and DP act 3 & 4) why the IO did not mentioned in FIR about DP act4,whereas charge sheet is simple copy of FIR, same word to word copy ???
2-whatever the allegations in FIR, Charge sheet, Witness Statements all mentioned only one thing, that after marriage I lived with me wife for about 5 months, then all the allegations(physical torture, mental torture) happened according them ??
Whereas I left the country after 1 month of my marriage, can I use my passport entry and exit stamps and flight E-Tickets for my defense as evidence, is it admissible in the respective court (the copies of entry exit stamps and Etickets in plain paper) or shall I have to apply RTI to get this information, as I read in this forum that RTI is exempted in Bureau of immigration which is part of IB ??
3-They even mentioned that I pledge her jewelry somewhere, in both FIR and charge sheet, whereas the entire jewelry is with her. How to prove it,if at all it was true why the IO failed to register IPC 406 and other sections ??
Dear LCI experts I am thanking your support in advance.

Nirjhar Pal   21 June 2016 at 14:12

Wife staying in her parrents home

Dear lawyers, I am the husband and a father as well, the problem is with my wife and her parrents. I and my wife with our child stay seperately from my parrents. My wife is a house maker now and my child is only 8 months old, my wife has got a younger brother of 20 years. My in-laws intervention in our life has been too much. they keep calling her every now and then, and disturb our life. My wife dosent care of my parrents much, she rarely calls them and meets them, leave taking care of my parrents. Now lately her she is at her home with her parrents since past 1 month. i want to know is there any provision in Indian Law which restricts my in-laws intervention in our life and to bring her back to my home from her in-laws. i dont wanna go for dvorce, just want to restrict my in laws and my wife should stay with me.
pls let me know, what to do, Thank you very much.

rathish kumar   21 June 2016 at 13:19

Banking

when the banks were charging processing fees for cash credit accounts. whether on
01.after lapse of 12 months
02.at the time of renewal
03. can we assume that if the processing fee is debited then my account is renewed

kiran   21 June 2016 at 13:01

Urgent: i given original certificates to a company in bangalore

Hi Sir,

I given my originals along with non stamped bond for 2 years. Bond brakage amount is 1.5 Lakhs. They are paying 10,000 rupees as salary and there is no ESI, PF etc as I am working as a contract engineer. They given me a Contract Development Engineer position and they put me DRDO Labs from the first day onwards. So There is no training given to me. So I left in the company after 9 months and resigned as well due to some health issues. So Now I got good rank in entrance test so I want to continue my education for counselling I want produce my originals. But company refusing to giving my certificates. Kindly help me in this what procedure I have to follow so that I can get my certificates to persue my higher studies.

Thanks,
Kiran.

Razzz   21 June 2016 at 12:48

Divorce

Hi experts

I have married 11 years back, my wife is always suspect me and quarrels even small things, there is no piece of mind at home and there are many panchayat with my parents and her parents, even after she was not changed her attitude, we separated from last 3 years for misunderstanding between us, I have two children's, please tell me what next I can do, she is not even ready to mutual divorce, please help

Regards

SATINDER   21 June 2016 at 12:25

Wife not interested in physical relation

My query is about husband-wife relation as per Hindu religion/law where wife is willfully not interested in having physical relation with her husband, which has become a cause of mental trauma for a husband. under such circumstance what remedies are available for husband, especially when wife is not having any physical or mental disorder and do not want to have physical relation with her husband. What if this situation is for a long period and there is no change in wife's behaviour.