Kirti Trivedi
19 September 2015 at 14:25
Sir,
I have a question
My relative lost her father 15 years ago and he had a self acquired property (house) in his name and he did not have a will when he passed away.
Who is/are legal heir(s)?
1) The deceased person's Mother
2) His Wife
3) The deceased person's two sons (Both sons are married and one son has two minor children)
4) The deceased person's two daughters (All daughters are married)
My questions are...
A)Whose signature is/are required for sale deed of property (house)?
B)Is wife inheritor only.
C)Can his mother, Two Sons, Grandson/daughter (minor) and Two Daughters claim for share?
D)Can sale this property (house) through power of attorney (wife has given a power ofattorney to someone before one two years)
Please guide us.
Anonymous
19 September 2015 at 13:36
My ciusion grandmother who was widow as well issue less claimed the half property in 1942 she won in upper court but in high court she defeated in 1964 .indiankanoon.org/doc/448794/ this is the link ( judgement of high court) she sold a property in 1982 ot alloted to her we are fighting a case against this sale made by her . What are the laws that suppprt my case.
GCM NAIDU
19 September 2015 at 12:53
Sir
My sister got married in 2006. After a few months she was forced to leave her marital home. Since 2008 my sister at my house only.
In 2014 her husband came to my house and called all of us for divorce. We went to sub registrar's office. There he registered a divorce deed with sub registrar. In that deed he mentioned as " today onwards we are getting divorce. We don't mean with each other even after my death also". No legal document has been issued from court.
now her husband is expired recently. So can my sister become benificiary for decade's husband job and compensation.
Is the document issued from sub registrar's offices consider as legal divorce.
rajnish tiwari
19 September 2015 at 12:47
Supreme Court forces husband to divorce his cheating wife against his will
Date 18 September 2015
Sec 13(1) of Hindu Marriage Act 1955 confers right on an aggrieved spouse to seek divorce in case of infidelity by other spouse after marriage.
However, Supreme Court of India has its own interpretation and believes this is an obligation of aggrieved spouse to accommodate his wandering spouse.In an apparent show of solidarity with wandering spouse, supreme court has ratified Patna High court order which forced out a husband from his legal marriage in order to accommodate his cheating wife who had done second marriage illegally and had also begotten an illegitimate child from second marriage; all during the subsistence of first marriage.
By ordering dismissal of special leave petition filed by aggrieved husband, Supreme Court bench of Justice M Y Eqbal and Justice C Nagappan has rendered both sec 23(1)(a) as well as Sec 13 (1) of Hindu Marriage Act 1955 completely redundant.
Sec 23(1)(a) of Hindu Marriage Act casts mandate on Court to ensure before granting relief of divorce to a Hindu spouse that he or she is not taking advantage of his or her own wrongs.
In this case appellant husband has approached Patna High Court against decree of divorce granted by Family Court , Patna to petitioner wife who alleged cruelty and desertion by husband. Appellant husband has opposed this plea of divorce and contended that the truth is other way round .In reality he is the victim of cruelty and desertion at the hands of his wife . As per husband , it was wife who had left the matrimonial home voluntarily in his absence with ulterior motives . Long before filing the divorce petition on December 1, 2009, wife had already married her paramour in April 2008 and had also begotten an illegitimate daughter from said paramour on June 2, 2009 and had kept the court in dark. Allegations of cruelty by wife was just a ploy to create ground for divorce and nothing else while this divorce petition is a disguise to seek backdoor legitimacy for her illegal marriage .
To substantiate his claim Appellant husband has produced copy of wife’s passport No. G 9351478 dated 07 July 2008 issued by Regional Passport Office Patna along with birth certificate No- 17723 dated 27 June 2009 issued by Patna Municipal Corporation to illegitimate daughter of the wife. Spouse name in wife’s passport and child’s father’s name in birth certificate was that of wife’s paramour and not of appellant husband .
However, Patna High Court bench of Justice V N Sinha and Justice Nilu Agrawal refused to term these acts of wife as cruelty and upheld lower court’s decision on grant of divorce to wife. This decision of High court was challenged before Supreme Court on the ground that High Court decision is in direct violation of Sec 23(1)(a) of Hindu Marriage Act, 1955, however Supreme Court has dismissed the Special Leave Petition without assigning any reason.
Today’s order of supreme court has set a very bad precedent in law and is a big setback for stability of a sacred institution called marriage and is in direct contravention of Hindu Marriage Act 1955. Coming out of a binding legal hindu marriage has become a cakewalk now by virtue of this order.
Renu Renu MM
19 September 2015 at 11:58
iam a single parent and have 2 kids(girl (16yrs)and boy(10 yrs))My husband (Engg dropout) is stays with his father and has no work and doesnot want to take any responsibilities of the damily. My Father in law is a retired Govt doctor with 3 siblings 2 sons ans a saughter of which my husband is the eldest.Our ansystral property includes
(1) 5 acres of wet land (Katha in my father-in-laws name)
(2) A commercial complex in the heart od the city. (initial it was a house which was demolished and compex was constructed, but the loan was taken in the name of my Brother in law from the SBI)
(3) A house in a city in 50*80 site. this was self made property of my Father in law.
there are other property which iam unawear of.
My in laws including my husband does not want my children nor me to get the share in the property. the reason is too simple
My F-I-L is prejudice of my father as he is also a well known doctor and my brother who is also a doctor and earning lakhs together per month. His intention is that my father and brother who is now looking after myself and my children in all ways without expecting any pie from my inlaws or my husband should bear all the responsibilites and also part with all his propery. secondly my husband is a great gambler and that since my DIL is looking afer all his costly expenses his (my husbands)part of the property, which acc to FIL,says that propery that is to be give to my hasband has already been givenin terms of money.My husband is also OK with this adjustment with his father as gets the money for his lavish expenses.
Now my question is:
Will my children get their share in the ancestral property?
we are being kiked out of our house and staying with my parents. we want to go back to our house.This house is built by my FIL. he says that we cannot enter his house and stay. as it his his own house. My son now wants to stay with his fami;y and is being depressed.All counselling has been done even though myself and my children agree to all terms ans conditions they are not allowing us to stay in our house. I want my son to grow up as a normal and sutiful citizen. now how can i legally enter the house, and in later years atleast my children get their share of property.I dont want a bit of their property atleast my children....
the other 2 siblings of my FIL are well placed one is a doctor and he owns his own house ans the other (daughter)who is also staying with my FILls house with her family(along with her husband(advocate) and son an Engineering student)has 400 acres of coffee plantation and other propery in Coorge. This family is one of the advisers to my FIL and husband and are trageting our family to downfall.Kindly advise me
My BIL is also married to a doctor and are well setteled. Iam the only person who fully depend on my dad and brother. i am disgusted
Naveenkrishnan
19 September 2015 at 10:14
Respected, I lost my mobile before 4months back I have insured while cause of damage or theft. I have given complaint in local police station they filed and gave csr copy that my mobile is not find. I claimed for insurance with all of the records what they demanded,insurance company said after verification they will give money,this is said before 30 days back that verification can done within 21 days till now there is no response from the insurance company I called for customer care the are not giving proper answer what I should do against insurance company???? I have copy of document which I have sent to insurance company with acknowledgement card.all of the records were perfect. Thank u
S.Krishna Prasad
19 September 2015 at 09:37
Sir, my brother in-law has taken loan from the bank to purchase a flat. He expired and his wife also expired and he has no children. His mother got the Legal heir certificate and produced in the bank along with the death certificates of her son and daughter in-law and also the ration card. She has cleared all the dues and requested the bank to return back the documents. Bank negatived her request saying that she should produce succession certificate. Please kindly clarify on this and also request to quote any rule their in.
GCM NAIDU
19 September 2015 at 08:44
Sir
My grand mother has two children.one of them are my mother and her brother. Recently my mother lost her brother in natural death. He married to my sister only. At all he counted as brother And son in law to my mother as he married to my sister.
Recently we last him. Now cam my claim the property as she is only child remains for her father.
Is my sister can claim for her decades employed husband property.
Anonymous
19 September 2015 at 08:36
My sisters married in 2006. After a few months she was forced to leave the martial home. Later along time her husband came to my house and forced for devorce. Went to sub register (revenue dept) and registered on stamp paper as we are not mean together from today onwards. And I am giving diverse to my wife. She has no relation with me and my job and the benifits after my death. Sub registrer registered. And given the divorce deed. No action has been through judicial court. Was the divorce deed acceptable. Is it considers as a divorce. No judicial court has issued any certificate.its just a registered.
Now my sister's husband expired recently. Can she clime for her benifits for decades husband. None of them are re married and no children.
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Summoning by court
Sir,
I and my mother hv lodged FIR u/s 448 IPC.
FIR was registered in June 2014.
Today we received a court summon through
police station to appear as witness.
1.is it legitimate that the person who lodges FIR is asked to appear as witness.?
2.will we be given PP to handle our case?
3.what necessary measures we should take for proper handling of case.?
4.is there a possibility of compromise?