Stroke Caretaker
20 January 2015 at 04:54
A woman, in her 30s post pregancy of her
first child got paralytic attack and has
been on bed/wheel chair since then (from
past 4 years precisely).
There has been no formal divorce procedure
till now. The husband has gone to US 3 yrs
back with the intention of continuing his
Job there but now is not willing to come
back and take care of her..I could like to
know what are her rights in this scenario.
1.Is there is a law by which husband can be
forced to come back from US and take care
of her in India.
2. The child is currently with Mother-in-
law and visits mother(paralysed woman) only
twice a month on weekends. Is it possible
to take formal visitation rights and in
future custody of the child.
3. About expenses, husband does provide
expenses monthly. Is there a way other
things like jewellery can be secured
legally(currently everything is with in
laws).
The husband and wife had jointly purchased
a property in US which is still not sold.
Is there a way husband can be forced to
sell the property and provide the share of
property transaction.
4. Also, are there any laws by which in-
laws can be forced/asked to take care of
the paralysed woman for sometime.
shyam poddar
20 January 2015 at 02:46
I have 2 questions.
My Late Uncle took 6 policies from Rourkela (orissa) office of LIC and now the claims have been repudiated. Can i file a case against LIC from Pune
2nd Query
Please read the entire mail to understand the issue
Dear Sir/Madam,
>
> This is with reference to your letter dated 31/3/14 for Repudiation of the death claims under the following policies favoring my uncle Late Vishnu Kumar Poddar
>
>
>
> 1. Policy No. – 593921063 effecting from 17th Aug, 2010
>
> 2. Policy No. – 593931295 effecting from 13th April, 2011
>
> 3. Policy No. – 593932631 effecting from 2nd June, 2011
>
> 4. Policy No. – 594519837 effecting from 6th Mar, 2013
>
> 5. Policy No. – 594510315 effecting from 18th June, 2012
>
> 6. Policy No. – 594502448 effecting from 14th Nov, 2011
>
>
>
> It was mentioned by LIC of India that it has repudiated all liabilities under the above policies on the account that deceased had withheld material information regarding his health at the time of effecting the assurance and it was mentioned in the case history of Apollo Hospital, Bhubneswar that the deceased was consuming alcohol for the last 15 years and the deceased didn’t disclose this fact in his proposal forms.
>
> LIC of India doesn’t have any proof or reliable evidence at all to show that the life assured was suffering from any disease (related to the death) prior to the date of commencement of the various policies. There is also no concrete evidence to show that the life assured took any treatment prior to the date of commencement of the above mentioned policies. The hospital records indicate that the deceased was alcoholic, but this has not been supported by any authentic evidence, which is very essential, especially when Sec. 45 is applicable.
>
> LIC of India decision is based on the case history of Apollo Hospital, Bhubaneswar and it doesn’t have any corroborative evidence to support the findings of Apollo hospital nor it has any proof to establish that it was within the knowledge of the deceased about any illness related to his death prior to the date of proposal.
>
> The first 3 policies among those mentioned above were taken more than 2 years before my uncle expired (9th June, 2013) and hence Section 45 is applicable. As per the Central Government Act, Section 45 of The Insurance Act, 1938
>
> “Policy not to be called in question on ground of mis-statement after two years.—No policy of life insurance effected before the commencement of this Act shall after the expiry of two years from the date of commencement of this Act and no policy of life insurance effected after the coming into force of this Act shall after the expiry of two years from the date on which it was effected, be called in question by an insurer on the ground that a statement made in the proposal for insurance or in any report of a medical officer, or referee, or friend of the insured, or in any other document leading to the issue of the policy, was inaccurate or false, unless the insurer shows that such statement 1[was on a material matter or suppressed facts which it was material to disclose and that it was
>
> fraudulently made] by the policy-holder and that the policy-holder knew at the time of making it that the statement was false 2[or that it suppressed facts which it was material to disclose]: 2[Provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal.” Thus LIC of India doesn’t have anything to prove that: (1) the deceased had at the time of proposal for policy made a false or inaccurate statement; and (2) such statement was on a material matter; or (3) it suppressed facts which it was material to disclose. Neither of the three conditions applicable as per second part of Sec 45 of The Insurance Act, 1938 is fulfilled in the present case.
>
> 2 In reference to the first 3 policies as mentioned above,
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> For the last 3 policies as mentioned above even if claim is repudiated within two years from the date policy was effected, the insurer is required to establish that the information suppressed by the deceased life assured was on material facts and that these were within his knowledge. There should be an amount of credible, reliable and acceptable evidence to substantiate the repudiation. A mere two line casual description on a medical paper without
>
> supporting evidence has no value of its own
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> We also got a confirmation letter from Apollo Hospital, Bhubaneswar that they don’t have any information about the health of the deceased prior to May, 2013.
>
> The deceased was suffering from Hemorrhoids at the time he was admitted to Apollo, but LIC of India doesn’t have any concrete information on material matter to prove that the deceased was suffering from Hemorrhoids prior to the date of proposal of the last policy and any ways this was not the cause of death of the deceased.
Please let me know if i will win the case. i think the case is pretty staright forward.
manoj
20 January 2015 at 00:53
Sir,
we hv a property in mumbai in prime location which gone in redevelopment under SRA scheme , were builder has take over and Mhada city surver officer has conducted the survey , Howvever we have 3 room house which divided into 2 portion one part in the name of grand mother and in his one son , however the elder son live in that room .now mhada city survey office has inclded his name not willing to the name of other who is the owner of the room saying u r not staying in this room, Builder and Mhada has propose to 2 x 2 bed room for the people having 3 room prperty , how can we get added his name in mhada list if the officer is not willing to add.kindly advise us what do in this case.
Ravi Chaturvedi
20 January 2015 at 00:04
Hi,
I got married on 24th Nov'13 in haridwar and my permanent residence is in noida.
I am working in an mnc. My wife is not working and in to her final semester of b.com
My dad is a senior citizen, age 68 and dependent on me. We are only 3 in our family. In the initial couple of months everything went fine but later my wife has started complaining me about the understanding problem she had with my dad.
I told her that if she doesn't like him, she could ignore him. These complaints became a daily matter of my life. I told my dad on a fine day to discuss the issues with her and settle once for all. When he went, she started complaining about me on false pretext.
The matter then graduated further and the next day she absconded with the luggage without informing any of us that where she was going. We informed her family and relatives and we all searched her. We got her at her relatives home in delhi. When everyone made her understand, she finally returned back home.
However there was no change in her attitude and she kept creating frictions in between me and my dad. We suspected that she might want to fix her own parents in my home as she is the only child of her parents and her parents have health issues too. Besides, her father is a retired person and still staying in a rented home in haridwar.
In the month of Sep'14, she again left home by saying that she is going to haridwar as she has impending examinations in the month of feb'15 and she has to take the course material and inquire about coaching. Ever since she never returned back and in the interim me and my dad were threatened by her family and cousins that since we are not keeping her properly at home therefore they will see us both.
I had filed an FIR in noida police station for the security of my dad as my services got transferred to kolkata with effect from nov'14 and i was worried about my dad. The police called her cousins and eventually the disturbing calls got stopped.
I also had a recording of an hour in which her parents and she herself was abusing me and blaming me as impotent and having interest in other girls. Since both these statements are paradoxical, if i am impotent, there is no question why would i show interest or talk to other girls. Second, i am always ready to undergo medical examination to prove that she is using false allegations and spoiling the relation willfully.
I have sent a letter through courier asking her to return back home and take care of her in law and home. The courier got delivered to her on 20th Dec'14 and she was the recipient as per proof of delivery.
We have never got any response from her thus far. I am not sure if i should go through family court and send a notice under restitution of conjugal rights. Neither she nor me wants a divorce but at the same time i can't keep counseling her everyday, this has to end somewhere.
I need to know if sending a notice under the mentioned law will result in a divorce. If yes, under what circumstances. Moreover, if she replies back to the notice from haridwar, will the case automatically transfer to haridwar and do we need to visit that place for every hearing or they need to come to noida for the hearing.
Thanks
Sagar Sharma
19 January 2015 at 23:53
Person 'A' filed a case against his son family for property which she gave his son by way of gpa and r deed (property is ancestral and original brought by grandfather of person A son). Property registered in name of son by way of sale deed and son died.
now I want to know if person A die before end of suit and in mean time she make a will of share which not passed over by court as suit not decided yet.
Such will is valid in eye of law?
sakshi
19 January 2015 at 23:25
My father received a plot by his father' s will deed.
My father has one step brother. He is asking for share in that property.
Does he has right in that property?
Anonymous
19 January 2015 at 23:08
pls share me some landmark judgements of Dv act in favour of husband by Supreme Court itss urgent
ChandanLawyersclub
19 January 2015 at 22:28
I am selling a property for which I had taken 30L loan, my 12 L white money to builder as cash 9 yrs back, now I am selling that house. registration value property is 90L, market value 105L. I want to take all money in as DD/ cheque only, no cash.
Can my seller register register property as 90L and transfer me 105L by deduction 1% TDS.
regards
Chandra
siddharth
19 January 2015 at 22:12
Two of my colleague and I designed a product at the firm in which we are working. We expect to get no equity and no influence in the running of the firm. It would be better to quit and develop the product ourselves. No NDA, Non-compete or any such document has been signed. The employment letter has no clauses pertaining to 'company information'
1. Most of the designs were made on a colleague'ss personal computer as the firm's computers could not run the software required. So who has the rights on the material developed on that computer?
2. If we do undertake to start on our own, can we face legal issues about 'idea stealing'? The design would be different but the utility part cannot be changed.
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When can we say fixed by the court ? if appeal pending … (its sub-judice) at hc level - compromised
Sir.
When can we say FIXED by the court ? if appeal pending … (its Sub-judice) and at HC level - compromised on HC direction …but HC didn’t endorsed/FIXED..So can we say FIXED by court?
As per MhRent Control 1999…
Sec 7(14) "standard rent', in relation to any premises means,-
(a) where the standard rent is fixed by the Court, the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 such rent plus an increase of 5 per cent, in the rent so fixed; or
(b) where the standard rent or fair rent is not so fixed, then subject to the provisions of sections 6 and 8,
(i) the rent at which the premises were let on the 1st day of October 1987; or
(ii) where the premises were not let on the 1st day of October 1987, the rent at which they were last let before that day, plus an increase of 5 per cent, in the rent of the premises let before the 1st day of October, 1987, or
(c) in any of the case specified in section 8, the rent fixed by the court;
In my case I have filed FR case in 1986 (on 6 tenants)… Demanded Rs 4/- per sq ft per month which was ordered in my favour in 1998 (12 yrs) from date of file (1986)…
Then challenged in appeallate.. again ordered in my favour (after 3 yrs ie 2001)
thereafter WP filed by tenants … at this stage HC warns/suggested to compromise…
So can we say Rs4/- per sq ft per month is decided by the court ? or is still pending…
(since whenever after 1998 I filed case for recovery of rent @Rs 4/- all Judge stayed my application saying matter pending in appeallate)
Now since it is compromised then can I say it is decided by the court ?
Your advice is very much valuable …. If you say decided then as per Sec 7 … It will be great injustice to me since I will get very meager rent in 2015… it will be 4/-+5% (in 1999 when act came in force) + 4% every year which comes to 9/- rs approx… (whereas in vicinity in same building I have given on Leave & License in 2007,08….09 @ Rs 90-120 per sq ft per month)
I have approached 3-4 local (senior advocates) in my region… (But from their knowledge ..after asking my thorough in depth querry…(with citations…it seems they are confused didn’t convinced me)…. Then I finally relied on SC 2011 Judgment (Guidelines by SC for deciding FR…to minimize landlord-tenants litigations at all levels)
then 2 (HC Adv) says this citation is derived from different act.. (Hariyana so it is not applicable) where as 2 (HC Adv ) says its derived from Eviction case hence it is not applicable…..
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels.
These are as follows:-
(i) The tenant must enhance the rent according to the terms of the agreement or at least by ten percent, after every three years and enhanced rent should then be made payable to the landlord. If the rent is too low (in comparison to market rent), having been fixed almost 20 to 25 years back then the present market rate should be worked out either on the basis of valuation report or reliable estimates of building rentals in the surrounding areas, let out on rent recently.
…………………….” Attached Judgment
Now finally my querry is pending before very senior SC retired lawyer…(He asked me to wait) but before that I am sharing on this wonderfull site.
Thanks in advance