Aaarrvveee
07 February 2017 at 23:46
"A", a Hindu and "B", a Christian married under Special Marriage Act, 1954.
"A", proposed to adopt a girl child "C" one year old, who was his own sister’s daughter and she was already having two daughters and "B" reluctantly agreed for it.
post-adoption, B was very much particular that they should have a child of their own genes. Couple planned to have a child through surrogacy. "D" Boy child was born
A, died in an accident.
Grandfather filed a suit on behalf of his grand-daughter,"C" , for a share in "A" property in the District Court and for a declaration that D is not entitled to any share in his father’s property as he is neither the natural or adopted son of "A".
The court held that there was a valid adoption and the adopted child, "C", would be entitled to a share in A’s property as
"A" was entitled to adopt as per Hindu Adoptions and Maintenance Act, 1956 and his Christian wife’s consent was irrelevant as per proviso to S.7 of the said Act.
We have to file an appeal, challenging the validity of adoption.
As marriage was performed under Special Marriage Act, 1954, Whether "A" had right of adoption under HAMA.
Whether the consent of "Wife" necessary?
there is no adoption deed.
Whether "D" born through surrogacy has the same rights available to a natural born child.
As marriage was performed under Special Marriage Act, 1954 the succession will be under Indian Succession Act as per sec 21.
As Indian Succession Act, recognize consanguinity, whether adopted child has any right in the property?
Any relevant citations will be helpful.
Thanks in advance.
Goapl Garg
07 February 2017 at 21:54
आदरणीय श्रीमान,
मेरे अपने भाई ने हमारे परिवार की एक पैतृक व् अविभाजित सम्पति (जिसमे करीब ८-१० हिस्सेदार हैं) मेरी इजाजत, जानकारी व् किसी भी प्रकार के पोवेरनामे के बैगर मेरे नाम का इस्तमाल करते हुए, मुझे उक्त सम्पति का अकेला मालिक दर्शाते हुए व् खुद को मेरा अटर्नी बताते हुए किसी बहु-माफिया को बिक्री कर पैसे ले लिए व् कब्ज़ा दे दिया। उक्त सम्पति मेरे पैतृक गाँव में थी। जानकारी मिलाने पर मैंने उक्त दतावेजो को निस्तारण करने की प्रार्थना की व् अन्य सभी हिस्सेदारों की सहमति से दुबारा कागजात बनाने को कहा जिसको नहीं मन गया, फलस्वरूप मुझे पुलिस रिपोर्ट दर्ज करवानी पडी व् मेरा भाई व् करता को गिरफ्तार किया गया व् उनके खिलाफ धारा ४२०-४६७-४६८-४७१-१२०बी तहत चालान पेश किया गया व् मुंसिफ मजिस्ट्रेट ने उक्त आरोप निर्धारित कर ट्रायल शुरू कर दी। लेकिन पुलिस की सभी कोशिशो के बावजूद फर्जी विक्रेता व् करता ने आसक कागजात पुलिस को नहीं दिए व् खो जाने का बहना किया, लेकिन पुलिस ने नोटरी को बुला कर उसके रजिस्टर की सत्यापित नकल प्राप्त की व् नोटरी को साक्षी बनाया तथा धरा २०१ भी लगाईं। अब दोनों आरोपियों ने जिला जज के पास रिवीजन लगाईं हुयी है व् उनके वकीलजी ने यह दलील पेश की है कि पत्रावली में मूल साक्ष्य तो मौजूद है ही नहीं अत: चार्ज खारिज किये जाय।
श्रीमानजी, कृपया इस प्रकरण में रिवीजन के खारिज होने के कितनी संभावना है और असली दस्तावेज के स्थान पर नोटरी रजिस्टर की सत्यापित कॉपी व् नोटरी का साक्ष्य कितना वजन रखता है ? कृपया बताने की कृपा करे।
Manisha Rana
07 February 2017 at 19:32
Hello sir/madam.My brothers wife eloped with her paramour and suddenly appeared after one month in the Police station. She wanted divorce to live with her boyfriend.And accepted the same in front of the judge.but a day before the judgement her brothers managed to kidnap her and then forced her to change her statement and she too did the same showing her willingness to live with my brother.Her earlier statement to live with her boyfriend was recorded and she was denied of any maintenance. But the judgement for divorce is still not given and it's been more than 3 years that my parents are waiting for the judgement. My father is very old and the lawyer is also lingering on the case.please help .ur kind advice will be a ray of hope for us.
Regards
Manisha
Manisha Rana
07 February 2017 at 19:27
Hello sir/madam.My brothers wife eloped with her paramour and suddenly appeared after one month in the Police station. She wanted divorce to live with her boyfriend.And accepted the same in front of the judge.but a day before the judgement her brothers managed to kidnap her and then forced her to change her statement and she too did the same showing her willingness to live with my brother.Her earlier statement to live with her boyfriend was recorded and she was denied of any maintenance. But the judgement for divorce is still not given and it's been more than 3 years that my parents are waiting for the judgement. My father is very old and the lawyer is also lingering on the case.please help .ur kind advice will be a ray of hope for us.
sampat mane
07 February 2017 at 18:00
We are four brothers and two sisters.
My father (a hindu) left some property without any will.
All have given me Power of Attorney for this property after my facthers death to maintain the property and my mother was alive tll jan 2016.
Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.
In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK. My querry is : 1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses. 2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses) 3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property. 4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
5. What will be the best way to resolve in case any dispute arise.
Sampat Mane
7498330809
sampatmane@yahoo.com
sampat mane
07 February 2017 at 17:51
Dear Team was successful in bidding in auction of a shop. Have paid the DRT the auction price and expecting Sale certificate for registration and mutation to be done.
1. What is the process of registration and getting mutation done in my name.
2. The Housing Society has put a notice of dues against this property addressing the Bank (whose loan was overdue) now after the auction process is over. Its says no transfer of name unless dues are paid. Am I too liable to pay the housing Society?
3. Will the society dis allow to do any repairs and let out unless the dues are not cleared.
Nidhi joshi
07 February 2017 at 16:20
Hi someone borrow An amt. Of 75000/- from us by saying he will provide us a govt. Job in ndmc, earlier he asked for higher cost for the job but then he agreed on one lakh.now After giving Above said amt. He is asking for more money than one lakh..pls sggst what should we do
Swapnil
07 February 2017 at 16:02
R/Sir
i am respondent at Cr.W.P. in which hon'ble high court specific order to petitioners advocate to appear before mediator with authority letter of petitioners with concrete proposal but out of seven only one petitioner signed on authority letter where as two writ filed with similar lines by them (and above order also passed commonly for both writ - in one writ 3 petitioner and in second writ 4 petitioner)
Also not submit/provide any concert proposal in written. Now i want to file contemn petition because i given consent for mediation as per Hon'ble court directions whether my further steps is correct or i ll take any other steps ?
pls guide
santosh
07 February 2017 at 15:37
A ECL Undertaking School has only Bank A/c in school name & having letter head of its school name.It has no agreement or any paper. the ECL said to School for Making Pan Card. The Pan Card officer asks for agreement Deed. Now what to do for making pan card?
Please Answer any one
Thanks & Regards
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Sec. 138,ni act. what is the procedure of bail ?
Sec. 138, N.I.Act.
(False,Fabricated & Harrassment Case)
Mr.X is the Defendant. lost a case in MM court. Got time of 1 month (Same time & from same court) to get bail & released from the same Court.
Mr. X Filled CRA in ADJ Court. Got Dismissed. ADJ Sent him to Jail. Directly without giving him time to get the bail or to file a CRR in High Court.
All I know in N.I Act cases MM court gives 1 Month time to file CRA in Sessions Court & release the accused.
ADJ Court give 3 months time to file CRR in High Court & release the accused.
High Court gives 3 Months time to file SLP in Supreme Court & release the accused.
My question is :
1) What is the procedure & Time, court give to get the bail in Sec. 138 NI Act cases. ?
2) Isn't ADJ gives 3 months time to get bail from the High Court in Sec. 138 cases & release the accused on the bail same time if accused wants to challange the order passed by the ADJ?
Regards
SG