Mohamed Ali
01 December 2009 at 16:22
A Sunni hanafi family partition suit was decreed in 1960 by the Additional court, There are 11 decree holders 6 sons and 5 daughters, So as per decree each son is entitle for 2/17th share and each daughter to 1/17th share. Later RFA was filed and finally.
Final decree petition is filed in the year 1989, there were two types of properties town properties and revenue properties in the decree schedule, town properties were distributed by appointing a commissioner as per decree in 1995 and final decree proceedings for revenue properties is still pending in Principle civil judge senior division and CJM court.
In one of the daughter’s case who is 3rd plaintiff in suit, she had 1 predeceased son with
3 children’s and 2 daughters’s who survived her.
While filing Final decree petition in the year 1989, the 3 children’s of predeceased son were wrongly brought on record as Legal heir’s of 3rd plaintiff along with her two daughters, to which the two daughters did not object then, Now in the year 2008 daughters have filed an Interlocutory Application under Section 151 of CPC, in front of the trial court to strike out from record those 3 children’s of predeceased son who are not entitle for any share in 3rd plaintiffs share as per Mohameddan law. It is well Known that as per Mohameddan law Orphaned grandchildren are not entitle for any share in grandparent’s property.
Orders on our IA: The Judge has dismissed our IA last Thursday saying, whether these Orphaned grandchildren entitle for any share in 3rd plaintiffs property cannot be settled in this pending Final decree proceedings as per order 1 rule 8, further saying Final decree proceedings is for only allotment of shares as per decree.
Further in this pending final decree proceedings, the parties except us have compromised out of court with one of the non bonafide subsequent purchaser of one decree schedule property ,who has been made party wrongly, for which we are objecting saying there is problem in branch of legal heirs of 3rd plaintiff which needs to be settled first, The judge is ready to settle issue of non bonafide purchaser in FDP but dismissed our IA saying it cannot be settled in FDP. The case is adjourned for 16th.
But as we know as per Order 1 rule 10(2) legal heirs can be strike out from record at any stage of proceedings if they are not entitle for share as per law, and also we know Final decree proceedings is continuation of original suit for partition where in any type of application can be considered. As these Orphaned grandchildren were brought on record after preliminary decree while filing final decree petition, they can be deleted, as per order 20 rule 18 final decree petition may be amended accordingly.
Now our advocate is planning to file CPC writ petition in the high court to challenge the trial court order as our objection is based on Mohameddan law point.
Please advice which is the best way to proceed. So that we can delete these Oprhaned grandchildren wrongly brought on record in this pending Final decree proceedings itself
Seeing to that during such time no harm must be caused to 3rd plaintiffs share in trial court proceedings.
Anonymous
01 December 2009 at 15:57
hi there,,,my name is rehana ,,i ve some legal queries ,,regardin my frst mairriage ,,to start wit ,,,im amuslim by birth,,,at the gae of 18 i married a hindu boy ,,in the court,,whr name was changed to neeta,,,aftr 6 mnths,,,we performed a nikaah at my parents request,,,whr my husnad changed his name or converted to a muslim name,,,aftr that he continued as his hindu name ,,,,and i continued as neeta,,,aftr 12 yrs,,,,i seeked divorce but cudnt thru hidu act as needed his consent,,,thn was advised to take khula ,,,i got a fatwa,,fr divorce,,,which my lawyer sent to him,,,thn i got married to someone else,,,nw my ex husband says my divorce as muslim law wit him was nt valid and i was still his wife whn i gt married second time,,so im in a big dilema ,,wethr this sec mairrage is valid or not,,,,kindly guide me,,,thnk u
priya
01 December 2009 at 10:06
Dear Sir,
my freind is hindu and married with muslim.They already register marriage with Marriage Certificate please guide for get facility from maharashtra governement.
because they went in zp then collector office but this people said not facility for mulim , crichen intercaste marriages.
Please guide us.
Anonymous
30 November 2009 at 18:39
Petition to declare the marriage null and void since the Respondent had a subsisting marriage. The first Marriage was hided by the REspondent at this juncture Whether a maintainance Petition u/s 125 CRPC is maintainable?
ashok patel
30 November 2009 at 13:06
Rs sir
pls tell me the meture age of merrage. i m 25 yr old & she is 18 runing
next year it is possible.
SImham
30 November 2009 at 12:59
thing is that my grandfather and my father jointly earned and made property together but registered in grandfather's name;my father have 3sisters of which one died recently.My Grandfather used to be in favour of my father from beginning and now he is harrassing us to leave his house and go away.and also he is interested in giving his property to his two daughters.we are sunni muslims from andhra pradesh.so pls answer my query how to get division?
Anonymous
30 November 2009 at 10:45
If the head-family had deserted the family for some years and by the interval of time his reappearance , it was observed that his family members were forced by a miscreants to get his death -certificate to dispose the property in the joint-name of his wife, is it a legal-standing?
How could the miscreants brought to books?
What are the implications on his family- members who were despontent?
Anonymous
30 November 2009 at 10:44
If the head-family had deserted the family for some years and by the interval of time his reappearance , it was observed that his family members were forced by a miscreants to get his death -certificate to dispose the property in the joint-name of his wife, is it a legal-standing?
How could the miscreants brought to books?
What are the implications on his family- members who were despontent?
Prashant Kolte
30 November 2009 at 01:56
Sir,my DV act-property locked?query has been resolved.Thanks.The very next day on 27.11.2009,on court date of my DV case,Judge has called me & wife in his personal chamber & told us to arrive at amicable settlement.He suggested few thing but my loving wife didnt accept that.But I like to ask IS THERE ANY TIME LIMITATION for wife to file 498a case against Husband who is already facing trial of DV act.We have married since 12 years & living separately since 7 mnths without any communication..I heard till 7 yrs after marriage,wife can file 498a on husband. Any other cases,she will probably file?I dont want to harrass my aged parents..Already she is getting maintanance & staying in my owned flat.
Pl do the needful.Waiting for ur expert opinion.
Regards,
Prashant.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Ground of cruelty can be waived
Sir,
When a divorce petition for divorce filed on the ground of cruelty and during proceedings parties compromised and petition got dismiss as withdrawn. Whether cruelty if any till upto the date of getting the petition dismiss as withdrawn can be waived or condoned. If so case law.