21 January 2021 at 23:39

Commissioner appointment by court

Can a commissioner appointed by court ask for a fees to make the valuation of deceased bank locker holder without nominee ?
There is no dispute between the legal heirs.

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What does awaiting notice mean?I filled R.C.S. - Regular Civil Suit on 12-01-20 and it got registered on 18-01 but it showing case status as awaiting notice

Read more at: https://www.lawyersclubindia.com/Default.asp?

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My daughter has depose her statement through video-conferencing from USA. What is the ways she can be identified herself when in the order passed by honorable court on 23.12.2021 for deposition through VC on 12th Jan,21 has not mentioned anything. At present there is no walk-in access at Indian consulate.
What is the other alternative that can be adopted to satisfy or otherwise acceptable

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The Family Court granted divorce in husbands favour and wife filed a appeal in High Court .What is the status of parties when appeal is pending ? Can husband marry when appeal is pending ?Will it attract bigamy ?

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12 October 2020 at 19:51

Title document and partition

I belong to a Hindu family from TamilNadu.I born during 1962.
This issue related to my mother’s father property.
My grandfather X purchased a land of 2 acres during 1935.
He sold a part of land during 1940 to pay the mortgage .He sold his self acquired property along with his Son signature which is not necessary though, as it is his self acquired property.My grandfather died intestate in 1957 leaving behind his wife(Y),Son(A),Daughter(B).
My Grandfather Son A died in 1958 leaving his wife(My aunt C) and daughter.
My Grandmother Y died intestate in 1966.
Im the son of my grandfather's Daughter B.
After the death of my Grandmother Y,the revenue record got mutation to my Aunt name.
The death of my grandfather,grandmother,uncle was not registered .
We were planning to approach court to obtain proper legal heirship certificates.
In the mean time 1 year before, my Aunt(Daughter in law of X) sold the land showing patta in her name as a title hiding the Title document which is in my Grandfather name.We came to know it during Jan2020 and we plan to file partition suit and pray to make the sales registration null and void.
My queries are as follow
1.Do my mother B can claim her share without legalheirship certificate?
2.My grandfather sold a piece of land mentioning his son name on sales deed in 1940.He ignored my mother’s name.Its his selfacquired property and he died intestate.Will it defers my mother B share ?
3.Do Revenue documents are accepted as title document?
4.My grandfather didn’t declared my mother and grandmother presence.He only declared his son presence during the sale in 1940 by mentioning him in sale deed.Do witness can be accepted in court?
Kindly clarify my doubts please.We were cheated by relatives deliberately.

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04 October 2019 at 17:03

Pre-divorce issue


I and my wife seems to be headed for a separation and its seems to be matter of time now. I had a couple of queries:

1. I m in a situation right now that even for smallest of the fights & arguments, my wife threatens me and my parents that she'll falsely complaint against us for a physical violence, which offcourse absolutely doesn't take place at all. However, we would like to avoid any kind of possibility of that given her nature and the way things are headed. Hence, we (I & my parents) are contemplating moving out of our Rented home to a different place. Is there advisable or a risk/issue in this? Also, given her behavior, its very possible that she falsely files a complaint even after we moving out (sooner or after many mths) against us for any physical violence or any other thing?

2. My elderly parents would like to stay with me. But are not able to do so because of my wife's behavior and threats. Is there any way to counter her threat by filing a pre-emptive counter complaint to make us feel secure against her any steps/complaints/threats?

3. What happens in case of alimony? Is it always 50% of my present assets and/or future income that i have to part with? I m in a 5 yr marriage and my salary has increased more than double during this time? What if I transfer all my bank savings and assets in the name of my mother, would she be able to claim on that as well? If my mother buys a home from this tranferred amt, in a joint name with me (as this would be required in a home loan), would my wife be able to have a claim on the home since its in my joint name. How can i reduce my ownership in the home to a minimal, which ensures least claim from my wife & also ensures my ownership, which is required by the bank for issuing the loan.

Kindly guide

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Dear All,

I need clarification on the above topic. My father has neglected and deserted my mother and me without any monetary aid or any other form of aid whatsoever for last 30 years. (My mom didn't claim maintenance or divorce as she was scared of him and was a job holder herself). He himself was a Central Govt. Employee for 20 years and then worked in private sector for 30 years drawing decent salary.

After years of hard work and struggle, my mom along with help from my grandparents (mom's side) raised me by herself and I'm currently in a good job. I have taken care of my grandparents till their demise and my mom for all these years as they have done for me. I'm also married and have to take care of those responsibilities too.

Now my father out of nowhere is seeking maintenance under Senior Citizens Maintenance Act (he is 64 years old) after all these years and making threats at my workplace with intent of defaming me.

Request you to kindly help me as to course of action as my father is giving sleepless nights to me and my entire family.

Thank You.

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Dear team

Request help in below mentioned case

This is in with reference to the case filed at Dewas madhya Pradesh and Bokaro Jharkhand.

My brother in law had filed a divorce case on 11/08/2017 under section 13A. The current stage at which the case is at FINAL ARGUMENT.

My sister had filed a dowry case on 18/04/2017 under section 498A. The current stage at which the case is at APPEARANCE.

The party of dewas has filed case against us post our filing date so as to get rid of Dowry. Since the case filed the accused is out of INDIA and his case is moving fast without his presence.

Can divorce be granted without his presence?
(Brother in law ran away and left INDIA and is in USA)

Till date the accused and his family had not appeared in Bokaro court what action can be taken?

If decree of divorce is passed will section 498A will be valid? Will my case of dowry will proceed?

Several warrants (BW & NBW) have been issued against them and had been sent to dewas police station and to The Superintendent of Police but no action had been taken on warrants, what next can be done?

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08 June 2019 at 11:21

Pleading for new relief in appeal

The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test. Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate. Now the issue is that I don't want to continue this relation after all such allegation and litigation, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait until the appeal got dismissed? She is not ready for mutual divorce.

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15 May 2019 at 09:52

125 crpc betrayals


My wife has filed maintenance case under 125 crpc. If lawyer cheats you by making you sign papers where you agree to pay maintenance.
If he files any papers like that how can I verify & get them withdrawn from court.
My relative took me to this advocate & he is not available or in contact now.
Lawyer told me it is vakalath/ permission petition but I don't see her name as respondent's advocate in 125 crpc.
I verified in ecourt, Could you help me with it.

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