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Devaraj Kar

Posted 20 hours ago

Dear sir My parents had registered a case against me for mantainance . I had agreed for giving the mantainance money but tribunal court had give the final decision that I have to pay 15000/- per month but my monthly income is 10000/- . How I can show to court that my income is very low so please give me a suggestion
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A. Devaraj Kar Sir you have to submit your proof of income i.e., Salary Certificate if you are doing any job (Private or Government) and also you have to lead evidence in respect of your income. As per your question the court has already passed orders, so you have to prefer Appeal in the next court which is having Jurisdiction to your case and also obtain Stay orders in the Appeal and there also you have to produce the proof of income only.
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Sunku Chandra Sekhar Exp: 24 Year(s) Hyderabad
Suneel Moudgil Experience: 15 Year(s) Panipat
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Johnson Thangiah Experience: 18 Year(s) Tirunelveli
I was married in March 2018, just a week of marriage, my husband asked for money to pay his debts. Later we went on honeymoon, one of his friends(girl) kept calling us to get regular updates. She had been troubling us since the time we got married. When I asked her to get out of our lives, she asked me who came first into my husband's life. I do not have proofs for these, but husband nor his family did anything against her. Infact they said they won't stop talking to her. Later once we moved to a new house, my husband and his family expected my family to buy all the things needed for a new house, like TV, fridge, sofa etc. This wasn't specifically mentioned to my family by their family. But my mom had given an old sofa set and cot which was already at parent's place. My husband and his family have mentally troubled me so much regarding this issue. 3 months of our marriage and same issue went on. Later in July, my husband flew to France on work permit. The torture about what my mom didn't give continued and he stopped talking to me for 2 months, never answered my calls either. Once I made a statement " what more are you expecting my mom to give?". This they found it very insulting, due to which they made me quit my job and move to my husband's town, Rajahmundry. My husband had taken a lot of money from me from the day we got married and he never gave me a penny. After I quit my job, we had a loan to pay off, when I asked him to send money to pay off, he asked me to stop my mutual funds and pay it off. That was the only thing left for myself. He felt offended because I didn't give him the money he asked me. So I asked him to return the money that I gave him, he felt offended again and his mother returned the money while I was at his native. His mother made a statement that I was a worst match for them and they made a mistake marrying me. Now it's been 11+ months that we are married, we have hardly lived 3 months together, and during the rest of the tenure, he hardly spoke to me for 3-4 months. He never calls when all these issues were going on, it's always me who calls. Now he doesn't want to process my Visa. I came off to my parent's place. I was badly insulted by him and his family. He says he would process my Visa only if I go back to his native again. My marriage certificate had my name printed incorrectly, for which they are taking months to rectify. I feel his family is delaying the process intentionally. Please advice what to do next. I am completely heart broken, I do not a have job either now.
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A. you didn't mention what you want? anyway, from the facts its almost clear that there are extremely low chances of your settlement with your husband, I suggest you, initiate legal action against them by lodging a police complaint/Domestic Violence/maintenance case. do you have any kids?
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Suneel Moudgil Exp: 15 Year(s) Panipat

Anonymous

Posted 2 days ago

Sir my husband filed divorce case saying that i try to commit suicide by eating pills ,I run away, ifight with him,and after that counseling started his dad is a lawyer he has influenced the counselor in court.ihv filed 498a in police station but police is not moving my charge sheet ,police is again forcing me to settle behind court either in terms of mutual divorce or restoring marriage.i hv met many times but still they r not listening,mean while my husband has filed custody papers in court ,I hv a small daughter a out to be 5,in reply of section 13 which my husband has put on me .I hv mentioned fir .to that he replied that I want 50 la. Rupees and his house so I hv filed fir.what to do I my really tired.how to bring them under pressure.is there justice in court or they will also behave like police.plz help me.
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A. Dear MAdam .......... you have not said what have you said in your FIR ............ You shall file Domestic violence case along with maintenance case........... for any query feel free to reply back
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Chitrasen Kashyap

Posted 2 days ago

Respected Sir/ma'am, I've got married in Arya Samaj Temple Raipur on 21/012019. My wife told me to rescue her from her maternal. I picked her from there but her family called her and told her to come back to home otherwise they will do suicide. When i send her with her Elder brother by requesting him for arranging remarriage of us. He told me, will do discuss at home. But when she reached her home her family forced her to not to live with me otherwise they will commit suicide all the members of hEr family. Yesterday we were met for the discussion but she asked me for divorce also she realizes her feelings and told me that what is in her heart about me. She also behaved me as she wants to live with me but she says to having divorce. She is forced and going to do so what she never thought about. I love her and want to live with her whole life but what i do I'm depressed. I never thought of having separation and she too but she is forced imotionally and mentally resulting she refusing to live together . How I save my married life? How let I get off her from all the pressure what her family Environmented on her. Please help me and provide me the best effective advice. Thank you!
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A. Dear Sir, You may file a simple family case called Restitution of Conjugal Rights and/or an Habeas Corpus before Hon’ble High Court and get custody of your legal wife through police without any trouble. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Neeraj Kumar Experience: 1 Year(s) Patna
Himanshu Mahajan Experience: 17 Year(s) South Delhi
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata

Anonymous

Posted 2 days ago

We live in a house which is in our grandfather's name. He has died and left no will. My father has two brothers and one sister. My aunt lives in a flat in the name of my 2nd uncle. My 2nd uncle is planning to include his sister in the claim of the house. And later wishes to own the part of our house that will be given to her sister, by writing the flat in her name, and in return my aunt will write the part of the house that she will inherit in his name. We are thus becoming defaulters in the equal share of the house, as my uncle will inherit more space in the house. Is there any legal way to annul this?
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A. Dear Sir, You may file partition suit immediately and get equal share which may be fallen to your father. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 2 days ago

Hello sir, My brother is having illegal affair with a married woman.He left home and went away.The woman who is having illegal affair and her husband caused my brother to leave his job.My brother is fully out of control of our family.All of them are sending persons to our home and frightening us . Blackmailing us that they are having videos about my brother.please guide us on how we can get out of all these things
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A. Dear Sir, Please lodge a complaint with police and if police not co-operating then approach Magistrate through advocate. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Neeraj Kumar Experience: 1 Year(s) Patna
Shreyash Mohta Experience: 1 Year(s) Kolkata
any laws against younger son (my younger brother) for attack and abusive to my senior parent and damaged his furnitures, breaking the window glass, damaged four vehicles. he is alcoholic , eat tabocco , alway demands money from senior parent hard earned. my parent need peaceful mood. they refused to approach local police station as younger son is parent favourite son. my only proirity is to protection my senior parent. me and younger brother are not talking for many year. i wish to know which laws or procedure against younger son. take note younger brother is hearing handicapped and major around 32 year old. tia
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A. Dear Sir, Your parents may take shelter under following act by filing a complaint before Sub-Divisional Magistrate (SDO). ========================================================================================== http://socialjustice.nic.in/UserView/PrintUserView?mid=52569 The Maintenance and Welfare of Parents and Senior Citizens Act 2007 What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007? Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc. What is the applicability of the Act? Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)). When will the Act come into force in the States? Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)). What is the definition of Child/children under the Act? Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor. What is the definition of Maintenance under the Act? Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment. What is the definition of a Senior Citizen under the Act? Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above. Who are eligible for claiming maintenance under the provisions of the Act? Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance. Whether a person other the claimant can file application on his/her behalf? Ans. An application for maintenance may be made:- a. by a senior citizen or a parent, as the case may be; or b. if he is incapable, by any other person or organization authorized by him; or c. the Tribunal may take cognizance suo motu. Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings? Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. What is the time limit for disposing an application for claiming maintenance? Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. What is the monitoring mechanism for implementation of the Act by the States? Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States. Has any timeframe has been prescribed for setting up of Tribunals by the States? Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act. What is the effect of the order of maintenance? Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code. Who can appeal to the appellate Authority under the Act? Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal. What is the time limit for an appellate authority to dispose of the appeal? Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal. Is there any penal provision for enforcement of maintenance order of the Tribunal? Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines. What are the provisions about revocation of will? Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent. Is any penalty/imprisonment is for the children who abandon their parents? Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children. What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007? Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar. What are the provisions for medical care of senior citizens provided in the Act? Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care. What are the provisions for protection of life and property of senior citizen provided in the Act? Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens. What are the provisions for prevention of abandonment of senior citizen provided in the Act? Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both. What is the monitoring mechanism for implementation of the provisions of the Act by the States? Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments. National Policy on Older Persons What are the salient features of National Policy on Older Persons? Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under: DEAR MADAM, You may take shelter under the following Act which has empowered the officers to adopt summary procedure and extend all comforts to you. ========================================================================================= http://socialjustice.nic.in/UserView/PrintUserView?mid=52569 The Maintenance and Welfare of Parents and Senior Citizens Act 2007 What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007? Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc. What is the applicability of the Act? Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)). When will the Act come into force in the States? Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)). What is the definition of Child/children under the Act? Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor. What is the definition of Maintenance under the Act? Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment. What is the definition of a Senior Citizen under the Act? Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above. Who are eligible for claiming maintenance under the provisions of the Act? Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance. Whether a person other the claimant can file application on his/her behalf? Ans. An application for maintenance may be made:- a. by a senior citizen or a parent, as the case may be; or b. if he is incapable, by any other person or organization authorized by him; or c. the Tribunal may take cognizance suo motu. Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings? Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. What is the time limit for disposing an application for claiming maintenance? Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. What is the monitoring mechanism for implementation of the Act by the States? Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States. Has any timeframe has been prescribed for setting up of Tribunals by the States? Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act. What is the effect of the order of maintenance? Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code. Who can appeal to the appellate Authority under the Act? Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal. What is the time limit for an appellate authority to dispose of the appeal? Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal. Is there any penal provision for enforcement of maintenance order of the Tribunal? Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines. What are the provisions about revocation of will? Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent. Is any penalty/imprisonment is for the children who abandon their parents? Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children. What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007? Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar. What are the provisions for medical care of senior citizens provided in the Act? Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care. What are the provisions for protection of life and property of senior citizen provided in the Act? Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens. What are the provisions for prevention of abandonment of senior citizen provided in the Act? Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both. What is the monitoring mechanism for implementation of the provisions of the Act by the States? Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments. National Policy on Older Persons What are the salient features of National Policy on Older Persons? Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under: ================================================================================= YOU MAY PLEASE CALL THE FOLLOWING OFFICE FOR MORE DETAILS ================================================================================== Senior Citizens Council of Delhi Dedicated to the service of senior citizens, to enable them to live an independent life of respect, autonomy and dignity. Senior Citizens Council of Delhi is a registered body since 2007, representing senior citizens all over Delhi duly associated with the Ministry of Social Justice & Empowerment, Govt of India, Social Welfare Department of Delhi Govt, I.C.C.R and Senior Citizens Cell of Delhi Police. ========================================================================================= Senior Citizens Council B-2/73-B Safdarjung Enclave New Delhi 110029 India Phone: +91 9810488059 NINE EIGHT ONE ZERO FOUR EITHT EIGHT ZERO FIVE NINE Email:guptajr2005@gmail.com For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Hi, I need to know what precautionary legal action can be taken against my brother’s wife without harming her to avoid any future serious problems in future . As my brother’s wife harassing my parents for the ancestor property and my father is getting sick because of this day to day mental torcher she is threatening my parents saying she will file case against my parents of Dowry which my parents never asked for and nor my parents harassed her (which is misusing the law) . Kindly suggest what can be done in this case as my father don’t have any money left with him and the ancestor property is only asset for him in the future which is yet to transfer to my father after my grandfather death. Kindly suggest what precautionary legal action we can take my brother’s wife without harming her to ensure safety of my parents in future . Even she is not in control of my brother she is just harassing my parents and my brother physically and mentally. Now she have one daughter also. We are worried a lot
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A. Dear Sir, Wife or Daughter-in-law has no share in ancestral property. First be clarified whether the said property actually coming from four generation to say that it is a ancestral property, if not deny her/your brother’s share as your father is alive. ============================================================================================== What does the grandparent's property law in India state? Does the grandson own the right to the property? All property's owned by a Hindu person devolves onto his class one legal heir's. Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir) Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally. Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1. Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1. Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property. To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner. Hope this brings some clarity to your question and your sense of entitlements. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Anonymous

Posted 4 days ago

Hello, I'm an engineer and married 3 years back and I've a kid. Before marriage my wife acted like humble and quiet. After marriage only I came to know her attitude. Every time she is praising herself and her family only. She is not caring about my family. I have been caring about her because she came from poor family background and felt she is innocent. I'm reluctant about her makeups and showing them in Whatsapp statuses and DPs by taking selfies. When I asked her the same she removes and after a few days she repeats the same. I informed it to in-laws they are claiming that I should have born 40 years back. That is what their attitude. After my marriage I kept her at in-laws house as she wanted to finish her PG as that's the last semester. Once she came to my home we planned for a kid and she conceived. During her pregnancy she spent a couple of months at my home and she weeps night time without any reason. I thought she may need her mom to look after but she didn't go for few months and weeps whole night and I suffered a lot with sleepless nights. On 5th month I sent her to in-laws house as if she continuously cries there will be problem to new born baby. Thereafter she spent 9 months. During this period she behaves like a psycho at her home and without informing me she went to some other town to enjoy with her relatives, and that time my kid was not well for a month because of indigestion due to powdered milk. She didn't care about my child. When I asked why didn't you inform me she said its not required. I shouted her and her mother as they didn't grow in a proper way. Then I brought her to my home with our kid. She haven't been mingling with my bror's & sisters or cousins family members. Even she never mingle with anyone. I didn't take dowry butshe always expects like she came from Ambani's family. I was not able to tolerate and I was about to beat her sometimes. And when my cousins met her, she is degrading me with her words as I never cared about her family and never given money to her. When I asked the same she lies as she didn't tell anything. After asking repeatedly she tried to commit suicide. I feel really bad when some one try to degrade me and committing suicide even there is no reason. She keep on trying to commit, I stopped several times. She is intimidating our family. A few weeks back we invited neighbors and in-laws as it was my kid's birthday function and it went well. On that night after having heavy dinner, she was trying to eat the remaining cake left after distribution. My mother said as it was already late and we had dinner heavily and it is better to have it tomorrow since my wife suffered some vomiting and in digestion in previous days couple of times. My wife shows that as a show stopper to her mom and wanted to go her hometown again and quarreled with us with cheap mentality. All neighbors and myself tried to convince to stop her and her mother to stay calm. I told them to go as their intention is contiuosly shouting at my home. My wife & her family members on birthday night left with my kid at midnight. I don't want to call her again to bring as she made so much shit at my home and even neighbors also said it is their problem and she will come once they realized the value of me. It's been two weeks I didn't call her. But I'm very much bonding with my kid. Even mum and my family members also. I wanted to meet their elder members of the family and other neighbors to show how their behavior is.. What can I do now? I'm in such a desperate situation. Please suggest.
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A. Dear Sir, If you are decided to give her divorce then please go through the following FAQs and then decide. ================================================================================== FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE.. ====================================== Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income. 8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ? Ans: Yes, definitely. Then she is entitled for monthly maintenance only. 9.What is the difference between alimony and monthly expenses ? Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ? Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding. 11.Whether she can do any police complain against me or my family ? Ans: Yes. But now Supreme Court given several instructions to police before arrest. 12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this? Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC 13.Can she harm me and family by putting false alligations ? How to take precautions for all this? Ans: YES, File quashing petition before the High Court. 14.I even want to know that what are strict norms are there for taking divorce? Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge. 15.Because my wife is continuously telling me now Norms are very very strict what’s are they? Ans: Nothing to bother, your advocate protect you. 16.Yes she is working if she is working then I am not liable for her maintenance money Ans: Yes, your burden will be lessened to 50 to 75% 17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us. Ans: At the end given. 18.What is RCR? Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act. 19.What are Section 498A and DV Act? Ans: Given below 20.Under this act will I get bail or not? Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR. 21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her? Ans: No, law does not permit. 22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account? Ans: to her account. 22.What is Special marriage act and Indian Divorcee Act? Ans: Please see below. Both applicable in India. 23.what is the procedure for taking bail? Ans: Your advocate will tell you if you pay fee. 24.If my wife does second marriage will I be still liable to pay her monthly maintenance? Ans: No. 25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce? Ans: You will be in jail if you marry without divorce under sectin 494 IPC 26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section. Ans: If you have money and refuse then you will be sent to jail. 27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family? Ans: yes, police create a very good story and register FIR, 28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast? Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days. Section 9 in The Hindu Marriage Act, 1955 9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***] Section 498A in The Indian Penal Code 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.] Dear Sir, Your questions are answered as follows: 1.Can she ask me to come to her place or refuse to come to my place? Ans: No, it cannot be. Her proposal cannot be accepted by Courts. 2.Can she file false dowry and domestic violence case.? What punishment will be given to her for false cases ? Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter. 3.How long shd I wait for getting divorce if contested ? Ans: About 2-3 years depending upon the tactics of other side. 4.How frequent can I get visitation rights of child and also during trial ? Ans: Once a 15 days depending upon age and sex of the child. 5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases? Ans: If she includes your parents in the FIR, there will be some problems in pension settlement. 6.Does separation count from the day she left or the day I stopped visiting her ? Ans: The day she left you that is deserted you. 7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws? Ans: Yes, you are correct. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The following are similar FAQs asked by my another client....for your ready reference. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Sir, My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it. 1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well. Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only. 2. What’s are rule and regulation for taking divorce? Ans: It is given below. 3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony. Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement. 4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life . Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income. 5.Can I take my son custody after 7 years from court. Ans: Yes, even before that. 6.If I want to do settle out court what is the chance of her asking me for alimony amount? Ans: Rs. 5 to 6 lakhs. 7.On what bases this alimony and monthly expenses is decided? Ans: On the basis of your personal income For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Agila A

Posted 4 days ago

I came to my home as there is issues in my in law place. My husband is abroad. All my clothes and jewels are in my in law home. They aren't allowing me to take my things. What should I do
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A. Dear Sir, You may approach the police if you can otherwise file DV case and seek following relief along with a relief of getting your cloths and jewels. ===================================================================================== PRAYER HENCE THE APPLICANT HUMBLY PRAYS 1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent, 2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-. 3. Pass orders u/s 18, in totality against Respondent1 to 3, 4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children. 5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited, 6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition. 7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act, 8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Suneel Moudgil Experience: 15 Year(s) Panipat
sapna seth Experience: 12 Year(s) Chandigarh
Sanjay Kumar Jha Experience: 17 Year(s) Patna
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