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maxx (pvt service)     17 August 2014

Time limitation in dv act

hi friends.\

i have gone through numerous posts in this forum regarding time limitiation in DV cases, most of the posts have carried the citation of dharmaprakash ved vs state of maharastra, citiing justice roshan dalvi judgement

however, i have also read in the forum, that the above judgement was challanged in the SC, i have been searching for the SC decision on that matter, but could not find any. request members to please share the update, if any, on the justice roshan dalvi time limitation judgement in DV case,

also request members to share any other judgement regarding time limit of one year in DV cases. thanks



Learning

 6 Replies

venkat pandurangam (Director)     18 August 2014

dear learned lawyers

my niece had got married and her husband wants a diverse after children 

He has got a anchestral property 

is the grand children get their  share

he had transfered a large potion by way of partition to his mother

Is she eligible for any share   

Thanks 

Dr R SHANMUGA SUNDARAMM (Advocate)     18 August 2014

Sure your Nice will get the share in Ancestral & his husband’s self acquired property. You can claim through court. Definitely your niece will get share.

 

Also get one interim stay from Court for the property, to avoid the sale transaction and hand over the same to Sub Registrar Office.

venkat pandurangam (Director)     18 August 2014

Thanks a lot

has his mother entitiled for the share 

because he had transfered a lot of portion to the sisters and mother and now he says partition has been done my niece gets nothing

T. Kalaiselvan, Advocate (Advocate)     23 August 2014

@Venkat Pandurangam:I fully disagree with the opinion of Advocate Shanmuga Sundaram. In the ancestral property or any other type of property, a wife will be entitled to any share during the life time of her husband.  She will get a right to a legitimate share as a legal heir after her husband's intestate death.  In the ancestral property, his sisters are entitled to a share and also his mother is entitled to a share out of his father's share in the property, hence the partition among them is valid and legal.  Your niece has to satisfy with whatever she has because she cannot claim a share in the property legally as of now.  Do not be misguided by wrong advises.Please

 use a separate thread for posting your queries.

DV Act Buster (CEO)     25 August 2014

Adv. T. Kalaiselvan is absolutely right.

venkat pandurangam (Director)     25 August 2014

many thanks for the information

God bless you all

Have a nice day


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