RADHA PYARI SRIPADA
18 October 2008 at 16:46
is it not possible to dispense with the personal appearance of the parties in family courts at every date of hearing except when the case is posted for the evidence of the respective party?
Mohamed Ali
15 October 2008 at 23:33
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
baljit singh
15 October 2008 at 12:48
where shall an appeal lie against the dismissal of an application u/s 8 of the hindu minority and guardianship act 1956 disposed of by the court of Civil Judge(Junior division)under the delegated powers. also quote some case law.
ARVIND JAIN
15 October 2008 at 11:20
MAHARASHTRA GOVT HAS DECIDED TO AMEND 125 CR.P.C TO INCLUDE WOMEN IN LIVI IN RELATIONSHIP.DOMESTIC VIOLENCE ACT HAS ALREADY PROVIDED PROTECTION TO SUCH WOMEN. NOW MY QUESTION IS CAN WE LEGALISE SUCH RELATIONSHIP AS MARRIAGE AND WHAT ARE THE COSEQUENCES OF LIVE IN RELATIONSHIP IN CASE OF LEGITIMACY, SUCCESSUION ETC ????????????????
Mohamed Ali
14 October 2008 at 21:36
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.
question: 1) FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
2) In the court in which FDP is pending, our IA to remove this misjoinders is pending from past 6 months, our IA is not yet been allowed or rejected, we are frustrated due to this delay,
can we file a writ petition in High court by passing this lower court to delete this misjoinders...
Mohamed Ali
13 October 2008 at 21:28
A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..
While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,
Hence all their LR's had to be brought on record to represent them in FDP.
In one 3rd plaintiff's case who is a daughter,
She had 3 children 1 son and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..
But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father(predeceased son of 3rd plaintiff) was not entitle for any share in the 3rd plaintiff Property.
FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts as the son(died in 1974) had predeceased, of original 3rd plaintiff, Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.
Point to be noted: These predeceased son's children were brought on record, while filing FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(1978) at the time,
In muslim law birth right is not recognised(where Hindu law recognises birth right), hence this issue of predeceased son will come up only after the death of Share holder ie 3rd plaintiff(1/17th share holder as per decree)
question: 1) FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...
2) Since court in which FDP is pending is delaying on argument of our application, can we file a writ petition in High court to delete this misjoinders...
ricky
12 October 2008 at 22:29
my father died 2 years ago.he left a will that says every thing he had goes only to me.we r 3 brothers.but nobody knew about this will until few days ago.7 months ago my mother@my brothers made me sign some papers that i didnt care to read.now that i came to know about this will;i told my mother&brothers.but instead they told me that i already have read that will and i have signed another will that states with my authority i transfered everything to my mothers name.but ihave no clue about doing this.iwant everything as my father,s will says.but they are not agreed with this.they are saying that i will get nothing now.pls advice me what to do?
K.C.Suresh
08 October 2008 at 05:56
Since the marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage whether would itself amount to cruelty?
vinod bansal
05 October 2008 at 18:12
Sir
is it mandatory to register a adoptioon deed i mean adoption deed is a compulsory registrable document or not? secondery is it sufficient to attested a adoption deed by a notary public.
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