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priya (none)     31 December 2009

How will my son get share in the property

Plz. some one help us

My husband is missing since last 14 years. I m a house wife n hv 3 children.  I filled a divoce case in which i got the degree after the person missing but now through some sources i knew that my husband already get the divoce from his native city court before the above order was pronounced both r exparty orders.

the possion of property in question in my childs hand now my child uncle claim that he hv a registered will on his name for all movable and immovable property



Learning

 6 Replies

priya (none)     31 December 2009

ques cont....

2. My childs father also planning for remarriage before missing.

There is some chances that my childs get the share in father's property. On what ground we challange the will. My child uncle is planning to take a probate.

Plz. suggest me some way. I m very poor lady n needed a help. also tell me this types of cases a taken by advocates on percentage basis or not

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 December 2009

Priya! Do not afraid. You move a simple application before Chief Judicial magistrate of your area who is entrusted with the Secretary of Legal Services Authority praying therein to provide you legal help. You shall not only be provided free advocate, all litigation expenses but also all connected expenses till the case ends.

 

So far as the merits of the case are concerned, your case is very sound and such will shall not prevail anymore.

priya verma (house wife)     01 January 2010

Sir, tx for giving me reply

Please suggest the merit and demerit of the case in details.

Devajyoti Barman (Advocate)     01 January 2010

Your information is too short to discuss merit and demit of the case. Broadly your children will have to challenge the Will under various grounds including undue influnce, coercion, physical and mental incapacity, fraud etc.

For further help do as Mr. Makkad has advised.

priya (none)     02 January 2010

my husband get the divoce as an exparty order , while the another is panding at my native city court in which i got order after my husband missing. He don't inform me whether he file a suit for divoce in another court or not and sends the letter at the address i don't live. He is simultaneously apper in both court i.e. my native city court and his native city court and he does not inform me in the court also

Que.. In the degree pronouced in favour of my husband(exparty order) from his native city in which it mentioned that i take all  mine  jewelry along wd me and after this degree i got another degree in my favour as exparty order from my native city in which i got divoce along wd amount for "istridhan". I can't claim that amount because at that time my husband is already missing. Can i still claim this amout from his legal hire or not

plz.  specify clearly.

Nali Seshu Kumar (SOCIAL WORKER)     03 January 2010

exparte decrees are all imposters set up by your husband u have every rght to challenge that orders dont offer percentage basis to the dispute as it is a title and matrimonial dispute you can apply for exemption of court fees and file the suit for reliefs with assistance of qualified advocate as the matter is complicated unless serious efforts it is very difficult to expect favourable results .if any clarrification contact no.9347379739.


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