samudra
03 January 2009 at 12:37
********The Full Bench of this Court( MUMBAI HIGH COURT) in Anirudh's case (Supra) observed,
inter alia, as under:
(a) By following a decision of Seven Judge Bench of the Hyderabad
High Court in the case of Sheshadri v. Venubai, 37 Deccan Law Report
244, in the Marathwada area of the old State of Hyderabad, adoption
of a married person was valid and that Hindus in that area were
governed by the Mayukha or the Bombay School of Hindu Law and not by
the Mitakshara;
(b) a widow can take a boy over 15 years of age in adoption as also
a married person;
(c) the practice of taking married persons and boys over 15 years of
age in adoption in the regions which are governed by the Bombay
School of Hindu Law has been consistently recognised by the Bombay
High Court; and
(d) the expressions "custom" and "usage" as defined in clause (a) of
Section 3 of the Act include not only customs and usages in the
ordinary sense which have obtained the force of law among Hindus in
any local area, tribe, community, group or family, but also texts,
rules and interpretations of Hindu Law which have been continuously
and uniformly observed and have obtained the force of law among
Hindus in any local area, tribe, community, group or family.
The Full Bench summarised its final conclusions in the following words:
"In our opinion, the correct view of the provisions of Clause (a) of
Section 3 and of Section 4 and Clauses (iii) and (iv) of Section 10
of the said Act was taken by Vaidya and Shimpi, JJ., in Haribai v.
Baba Anna, . We accordingly accept that view and
overrule the view taken by Malvankar,J., in Second Appeal No.1444 of
1965, Bhimrao Vithu Khandagale v. Chandru Savala Khandagale; by
Vimadalal and Naik, JJ., in Laxman Ganpati Khot v. Anusuyabai,
and by Joshi, J., in Balkrishna Raghunath Gharat
v. Sadashiv Hiru Gharat, ."
8. The learned counsel for the respondent was right in his submissions
that the view taken by the Full Bench of this Court in Anirudh's case
(Supra) has been approved by the Apex Court in the case of Kondiba Rama
Papal (Supra) in the following words:
"...The adoption is not invalid although it took place after the
thread ceremony of the boy was performed. Thus the custom is
judicially recognised in the Bombay State as regards adoption of a
child at any age. Once the custom is judicially recognised, it is
not required to be independently proved in subsequent cases...."
. By following the law laid down by the Full Bench of this Court in the
case of Anirudh (Supra) and by the Apex Court in the case of Kondiba
(Supra) it will have to be held that in the instant case it was not
necessary for the defendant to prove by evidence before the trial Court
that there was a custom or usage prevailing in the Maratha community in
Satara District of adopting a boy who had crossed the age of 15 years
and was also married at the time of adoption. The contentions of the
appellant that the adoption of the respondent as had taken place on
22-11-1988 was illegal on account of non-compliance of Section 10(iii)
and Section 10(iv) of the Act have to be rejected and thus the
substantial questions of law at serial no.(ii) and (iii) are hereby
answered against the appellant-plaintiff.**********
Will the ruling have effect ( Under the same situation/condition) on the case of a person living in Hyderabad(Andhra Pradesh)at PRESENT. {The person belong to a "Forward cast",of Andhra Pradesh state leading casts}.
Expert Members of this FORUM, in the Family Law to kindly reply to this tricky Question please!
Sagar K
31 December 2008 at 09:50
The person is resident in USA and has taken a divorce decree from a US Court, as per the Decree the property in india is given to the husband and based on that decree the hasband has applied for deletion of joint holder Name (Wifes Name) from the share certificate of the company.
Please advice
1.Is the decree valid or does he have to do somthing more to make the decree valid in India.
2.Can a company relying on such foreign Decree Delete the joint share holders name from the certificate.
samudra
30 December 2008 at 17:58
"""Equality for Women
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt."""
AND
"""Under the new amendment to the Hindu succession Act you can claim partition if partition has already taken place before oct2004, then you are not eligible."""
Under the above conditions, i need Lawyer forum experts suggestion for the below explained case:
*"There is no partition to the property till to date"
A woman(Only Daughter) from Andhra Pradesh state,got married in the year 1978.Her father died in the year 2003( Mother died long before Father's death) .Father Writes a will Bequething the property, (One part) on his, Only Son and the balance property on his Grand sons (Son'S Sons)names.The property so willed is not self earned by him,but got to him through his marriage(He got married to,Only daughter of a lone widower).
Can the woman in the case eligible in her father property?If, Yes. How to proceed?
shivraj
27 December 2008 at 19:08
Muslim father is owner of house property. The said property came to the father from his father. He has two sons father has given ½ property to one son by Oral Hibba nama in the year 1992.
Accordingly two sons living separately and paid electric charges and taxes separately and doing business separately.
Father being old filed suit for possession as owner against the son and his family member.
Evidence was lead by the son as defendant there after application for framing issue regard Hibba-Nama is given which is rejected
Alteration u/s-6 x 17 is filed for amending the written statement and getting declaration of ownership by Hibba-Nama as counter claim which was also rejected till High Court.
Matter is on argument.
1) Whether defendant is entitled to get amendment for declaration of ownership by oral Hibba-Nama of 1992?
2) Whether the pleading of Hibba Nama is proved by taking two withness is sufficient inspite of there is no issue?
3) Whether is issue of Hibba-Nama is unnecessary one?
Keshav Kumar Saxena
25 December 2008 at 17:22
Dear Sir,
Kindly help me in knowing whether a head of HUF is in power to square off asset like land and house of the family favoring others leaving any member of family without benefit of that and if the the member is standing separately now.
Keshav Kumar Saxena
25 December 2008 at 17:19
Dear Sir,
Kindly help me in knowing whether a head of HUF is in power to square off asset like land and house of the family favoring others leaving any member of family without benefit of that and if the the member is standing separately now.
vrsubbu
25 December 2008 at 14:41
I performed an arranged marriage of my daughter in India in Aug 2007 with an Indian settled in America. When the marriage talks started in Dec 2005, we were told by his parents that he has done his engineering in the US and holds a B.S. in computer science and that he holds a Green Card and will be getting his citizenship shortly. We got this marriage registered in India under Hindu Marriage Act in Sep 2007.
After a few months into the marriage, we found out the following:
1) He was already married in the US to a US citizen (US born to US parents) in Oct 2000.
2) He got his green card (2004) and US citizenship (2006) through this marriage to US wife.
3) He filed for divorce of his US wife in 2005 after applying for his citizenship.
4) He is a college drop out and is not a graduate
Even before getting the divorce, his parents started the process of getting him married to my daughter, back in Dec 2005. None of the points above were revealed to us during the marriage talks. Neither he nor his parents revealed any of the truth even after the marriage until we found out the above facts. On questioning, he and his parents said the first marriage was only to accquire US citizenship. Now allthough he is a US citizen he says he cannot sponsor my daughter till Aug 2009 as the US lawyers have advised him to complete 5yrs after getting green card via marriage (2004-2009).
My daughter and my family feel cheated and going through extreme mental agony. We are contemplating legal action against him and his parents for inducing us to perform this marriage through concealment of facts.
For the pain and trauma that my daughter and my family has been experiencing for past several months, we want to see these cheaters punished and not just get a legal seperation. I sincerely request you to advise me how to proceed in this matter.
Sincerely,
VR Subbu
shivakumarbs
25 December 2008 at 13:10
respected legal experts,
my mother had registered 2 sites by means of sale deed in my name around 9 years back. those sites were her self acquired property. Now my elder brother have filed a partition suit demanding share in the two sites. my mother is against me now and supporting him due to differences with my wife .plz
tell me what will be the outcome of the suit.
V.G.Rao Advocate
25 December 2008 at 10:37
Hi Everybody,
My friend's father expired recently leaving behind his wife and two sons. During his life time my friend's father deposited a sum of Rs 8,000/- in the postal department savings scheme, after his death when my friend approached the postal department they insisted him to obtain succession certificate from the court,At present a total sum of Rs 10,000/- is lying to the credit of the decesed person.
Now my question is for mere sum of Rs 10,000/- is it necessary to obtain succession certificate?
2) is there any spececific minimum amount is there for obtainaing succession certificate in the succession act?
3)How far it is reasonable for the postal department to insist my friend to spend legal expenses which work out 50% of the amount lying in the postal department for obtaining succession certicate for getting megre amount of Rs 10,000/-?
4)Is there any case law which says "No succession certificate is required for obtaining debts up to megre amount of 20,000/-? if yes kindly provide me a suitable case law to avoid all legal expenditure for obtaining succession certicate for the purpose of a debt which is megre amount of Rs 10,000/-lying to the credit of deceased person in the account of postal department. it is very very urgent kindly help me in this regard.
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Divorce Petition(Cruelty)
Dear Sir/Mam.
one of client wants decree of divorce in her favor as all her attempts failed to materialize with her husband.The prob is of jurisdiction which is arising as she wants to file the case from Lucknow,but her marriage solemnized at Kanpur and she is the residence of Kanpur itself her husband is also of Kanpur.Now she use to resides at Allahabad along with her husband before the or at the time of dispute,her husband now also resides there and doing contract and tender.Now according to her she has threat to her life at Kanpur so she cant go there to file the case as one of her Adv.uncle who is against her may manipulate the case and at Allahabad her plaint for the 2nd time which she filed for divorce was mismanaged and plaint could meet the desired faith,so she is reluctant to file the case at Lucknow at any cost or can i filed it at Kanpur and get it transfered from there? plzzzzz suggest me how handle this case or suggest any case law of such type please if u all can?
Yours Apurva!