kalyanasundaram m
02 December 2009 at 19:32
I intend to buy a property. Kindly advice about the legal issues.
The property was acquired by the owner & his brother by way of unregistered family partition deed among 4 brothers after their father's death in 1975. They have 4 married sisters. Their father has purchased the property in1949 from his self earnings. The owner's brother sold his half to a third party in 1990. The owner purchased that half from the third party in 1999. No one contested the partition and the subsequent sale and purchase till date. Will there be any legal issues from any of the relatives, if I purchase this property.
kalyanasundaram m
02 December 2009 at 19:30
I intend to buy a property. Kindly advice about the legal issues.
The property was acquired by the owner & his brother by way of unregistered family partition deed among 4 brothers after their father's death in 1975. They have 4 married sisters. Their father has purchased the property in1949 from his self earnings. The owner's brother sold his half to a third party in 1990. The owner purchased that half from the third party in 1999. No one contested the partition and the subsequent sale and purchase till date. Will there be any legal issues from any of the relatives, if I purchase this property.
Anonymous
02 December 2009 at 18:19
Hi is it compulsary to change surname after marriage. incase if a women from andhra pradesh, india is applying for a passport after marriage, is it compulsary to attain passport with husband surname.
will there be any problem is a women applies for a passport with her maiden name or previous surname even after marriage.
will there be any problem if the women applies for visa for foreign countries
Anonymous
02 December 2009 at 16:44
Benami case is in progress in court in India. Wife obtained divorce from court in America. What will be the effect on her as Respondent u/s.4(2) Benami Transactions Act,1988. Will she be allowed to defend the case now.
Anonymous
02 December 2009 at 14:32
an engineer friend got married to a close relative in the year 2003 while she was still
studying final year of graduation. later she
completed her degree and wanted to pursue
higher studies in UK for which her husband
agreed and sent her & taken care of all the
expenses till last year, she completed her p.hd. Recently we came to know that she obtained a divorce decree from a court in UK,
if so is it valid in india ?
Anonymous
02 December 2009 at 12:21
Death cerificate was fraudantly obtained.
He was away from home on 29/08/1999. his death cetificate(as death occured 23.12.1999 due to Heart attack without the doctors certificate and no funeral)was obtained on 23.03.2006. How could he leaglly justify alive?
Anonymous
02 December 2009 at 11:59
What is procedure for a divorce with mutual consent? Is there are any prescibed forms for submission in the family court in Bangalore?
Mohamed Ali
02 December 2009 at 11:37
It is well known principle of Mohameddan law that orphaned grandchildren are not entitle for any share in their Grandmother or Grand father’s property.
Here property in question is of grandmother, whose son has predeceased her with three orphaned grandchildren, only two daughters survived the mother.
But our opposition lawyer has posted the below extract from tables of Sunni-law and our Interlocutory application got dismissed in the trial court.
Residuaries: If there are no sharers, or if there are sharers but there is a residue left after satisfying their claims, the whole inheritance as the case may be devolves upon residuaries.
“The daughter cannot inherit share when there is a son but if the heirs be a daughter and a son’s son, the daughter as a sharer will take ½ and the son’s son as a residuary will take remaining ½, as same, if there are two daughters, sons son and sons daughter,
two daughters get 2/3 rd share, sons son get 2/3rd share of 1/3rd i.e. equal to 2/9th share and sons daughter will get 1/3rd of 1/3rd share i.e. equal to 1/9th share as a residuary”
But In the above extract Para there is no where mentions that he is Predeceased Son’s son and also here there are sharers as two daughters survive their mother the only son has predeceased her.
As per Sharia law / Mohammedan law only heirs who are alive at the time of their ancestor death they are are only ones who are entitle for share in their ancestor property not the ones who predeceased him or her
My Question:
1) Do the orphaned grand children fall into residuary category?
2) Or They will be completely excluded from Inheritance by their Aunts who survive their mother the decree holder as per Principle of representation of Mohameddan law?
3) Do we approach high court that orphaned grandchildren are not entitle for any share ?
avisha
02 December 2009 at 11:14
A father dies intestate leaving behind 2 male children and a widow. Below are certain queries regarding succession of property:
1) As per natural succession and in absence of will of father how will the property get divided between the three?
2) If it gets divided in 3 parts, can my mother or brother or both together sell it, or auction it in any way without my signature all the 3 parts or their individual parts?
3) Once the mother gets the ground floor as a share is it possible for her to will it to either of them. From what i know only self acquired property can be willed away and as the property is in the father's name and the mother gets her share as succession is it possible for her to will the ground floor to either of them and if not then how is the ground floor divided after her?
4) Can two people get together and sell the property, yet give the third person the share? But if one person is against selling the property right now can that person have a veto or right to stop and if two people get together to sell it can the third person legally obtain a stay?
Hope to recieve a reply soon for the queries.
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grant of divorce decree while suit is pending
when there a suit is still in process for recovery of open plot property, which has been bought by an NRI husband in the name of his wife in an Indian city, is sold by her without the knowledge of her husband and later obtained (while the suit is pending in a court in India) a decree of divorce from abroad. i would like you to suggest what are the effective legal measures to be taken against her.
does this come under contempt of court & also whether she loses her right to defend the case after taking divorce while the suit is pending in a court of law, if so
please quote relevant citations.Thanks