James Robert
26 October 2014 at 19:18
My father had given share of property to my sister and she is married. After my father's death she is staying in my father's home with my mother. She also sold her share given by my father. She also created Death Will of my mother without her knowledge and added her in nominee. Now I want to create new will and wanted to remove her from my father's house. Kindly suggest what is the procedure.
Karan
26 October 2014 at 19:11
Hi!, I married on May, 2013, during these odd 18 months my wife left the home more than 5 times with little issue and opt to stay around 10 months at her parents home. This time too she left with little quarrel with me before 4 months. Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting. She has started doing job at her parents home on her own. last time she when she left at that time they were not responding and taking calls so i had sent requesting letter to her come back. and in turn she threaten me that she will lodge dowry and DV case.
What are the pros and cons of filing RCR?
Is she eligible for maintenance, even she is working and earning 10K p/mnth?
What if she file false DV and 498A and how to defend wrong case?
I have one property with jointly held with my brother and have 80% Loan on that. can she claim share?
Please advice what step i have to take for contested divorce.
Deepak Vanjare
26 October 2014 at 18:18
Can state human rights commission/court can be approached to prevent municipal authority exercising forceful eviction of tenants in a privately owned dilapidated building without offering any alternative accomodation. Can the owner be directed to provide alternate accomodation or redevelop such building. Right to shelter is fundamental right of legal tenant in such a building. If so please suggest advocates in Mumbai.
Further to experts comment:-
1. yes i am residing in the same building.
2. Municipal corporation has served notice to tenants to evacuate their rented premises being declared dangerous to habitation.
3. Owner directed by Municipal corporation to provide alternate accomodation.
4. Owner not replying nor providing
alternate accomodation.
5. National human rights commission provides right to adequate shelter & sets out core obligation towards the right contained in Article 11(1) of ICESCR with core obligation as legal security of tenure against forced eviction & harassement.The state/ municipal corporation/The owner should provide alternate accomadation prior to eviction.
6.Can the State Human rights commission/ court can be approached for protection to tenants under Protection of Human rights Act 1993 compelling either of owner/ municipal corporation/ The state to provide shelter.
Bhani Athreya
26 October 2014 at 16:46
Respected Expert ji,
Thanks for the valuable reply sir,
That's why My humble query sir.
As per valuable suggestion of KIND HEARTED EXPERTS OF THIS FORUM , we ready to give equal share (to uncles & aunts) in the property of demised unmarried our uncle-C.
At this stage the sisters of our uncles, raises the issue that "they were not given anything at the time of partition of 1958.
Our grandfather died in October 1956 after enactment of the Hindu succession act 1956. Partition was done intestate. Present claimants are legal heirs of daughters and sons of grandfather, for the property of demised son-C.
Now the daughters' legal heirs are telling that since they were not given anything in the partition of 1957, so they want to rework the partition deed of 1958
So does it matter when (date) their father died in 1956 is of any relevance?
Can they challenge it even now?
Thanks respected expertji.
Bhani Athreya
26 October 2014 at 16:43
Sincere Thanks learned expert Sri T. Kalaiselvan ji, Sir, we are ready to give due share to legal heirs of deceased uncle C. out of his share. Again At this stage the sisters of our uncles, raises the issue that "they were not given anything at the time of partition of 1958. They are repeating that Our grandfather died in October 1956 after enactment of the Hindu succession act 1956. so they want to rework the partition deed of 1958. We, legal heirs of our father are ready for any fair partition, even reworking of the deed of 1958, but father's brothers' family not agreeing for reworking of the deed of 1958. We want to settle the issue amicably, and at the earliest sir. Hence my humble question si, whether the family of the daughters of our grandfather successfully challenge the deed of 1958. Thanks respected expertji
bindu
26 October 2014 at 15:47
I am in a live in relationship and have one daughter aged 3 years from it. I want to apply for her passport. Her biological father does not have a valid passport. I have applied for my passport. I want to know what documents will be needed to make my daughter's passport and whether it is possible to get her a passport without father's passport.
Prashant K Gupta
26 October 2014 at 15:36
I am 25 years old married boy. I was marry on 07.03.2014.
After all customs and traditions in 1st night when I started to talk with my wife she Overthrew my hands and started shouting & quarreling with me. She said to me that she wants to 1) She don't likes sex with me 2) Live alone 3) She don't likes my family’s customs and traditions 4) She threw rupees on my face when I asked him that if you don’t likes all these customs and traditions then you can told me before.
After next morning his father come to see and explain Hindu's customs and traditions to his daughter because she is crying during telephonic conversation and she told her father that she don't likes all these things. I suggest him that he will come with any ladies so she can better explain. But his father come with his brother and he take away my wife without Adieu (Vidai) he told us that he will explain Hindu's customs and traditions at my sasural. We told him that its is already fix that we are Nasik Tour for honeymoon so we can not do Adieu (Vidai).
When my mothers told for vidai on before Nvratri so we can worship of our Totem (Kul Devi / Devita). Her father told that he will confirm after discussions his brother of law. When we told him he said that “Preeti (my wife) will not go”.
There is no any type of contact with our family and my wife’s family.
Today is 26.10.2014 we san say 7 month after marriage.
There is no physical with my wife.
She don’t likes my family’s customs and traditions (Kul devi/devta pooja, Navratri poojan, dipawali poojan, Karwachout pooja or many other traditions)
I am living with mental shock because what can I say when some body asking about my married life.
What can I do.
Some one told me that If I want divorce then I will pay compensate.
Kindly suggest me what can I do.
Darshit
26 October 2014 at 10:59
HI All,
I want Question papers of Nov-2013 & May 2014 of Semester 1 (First Year LLB, Three Year Course)-Mumbai University
Bhuvan
26 October 2014 at 10:58
Hello Sir,
I have challenged interim decision of District court for 125 crpc in High court under section 482 crpc, but now cased in finalised in District Court.
My query is what i need to do in High court in coming hearing.
Should i take back the case (Section 482 crpc) from high court and file new case (Section 397 crpc).
Thanks
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Divorce on the Ground of Mental Cruelty
Hi!, I married on May, 2013, during these odd 18 months my wife left the home more than 5 times with little issue and opt to stay around 10 months at her parents home. This time too she left with little quarrel with me before 4 months. Our family and elder have try to reconcile but her parents not even ready to discuss the matter, we with our elder went to her home to reconcile but her parents has not allowed us to enter and sent us with insulting. She has started doing job at her parents home on her own. last time she when she left at that time they were not responding and taking calls so i had sent requesting letter to her come back. and in turn she threaten me that she will lodge dowry and DV case.
What are the pros and cons of filing RCR?
Is she eligible for maintenance, even she is working and earning 10K p/mnth?
What if she file false DV and 498A and how to defend wrong case?
I have one property with jointly held with my brother and have 80% Loan on that. can she claim share?
Please advice what step i have to take for contested divorce.