My father in law daily Torturing me and my husband
My father in law daily Torturing me and my husband
How can I safe our self because daily my Father in law told to get out of his house
6 months ago
A. Dear Client,
In 2016, the Delhi High Court ruled that 'a son, irrespective of his marital status, has no legal right to live in his parents' house, and can reside there only at their mercy'. However, if the children are abusive, the parents have a blanket right to evict them. The Maintenance and Welfare of Parents and Senior Citizens Act has provisions to safeguard parents’– and in-laws’– right to property through giving them the choice to evict the daughter-in-law from their own proper ...ReadMore
Legal heirs
Hello sir/madam, our grand father married to our grand mother and had only son but our grandfather married second wife and had one son, whereas now our grand father both the grandmothers and son of fi
6 months ago
A. Dear Sir,
Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daught ...ReadMore
How is grandfather's property divided between grandchildren
My grandfather died intestate. All his children have passed on too. The property still stands in my grandfather's name. How does it get divided between his grandchildren? Do we have to obtain any cour
6 months ago
A. Dear Sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daught ...ReadMore
Death of husband and property issues
This is my second marriage but my husband never stayed with me much. After some years of marriage he wanted to divorce me. All these years we were not living together. After many issues he agreed to s
6 months ago
A. Dear Client,
Unless you can prove the second marriage with your deceased husband legally, you will not be able to exercise your right to claim against your deceased husband. To find out whether your deceased husband filed any divorce petition either in family court or District Court, you need to hire the service of an Advocate or Law clerk to access the information from the registry of the respective Court. The validity of a Hindu marriage is not affected by the failure to register the marriage. ...ReadMore
Can parents be considered in family members certificate of son after his death
Can parents be considered in family members certificate of son after his death? Mr X passed away at the age of 49, X has wife and two daughters. after his death parents made family member certificate
6 months ago
A. Dear Client,
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased, Children of the deceased (son/ daughter), and Parents of the deceased. Being the above proposition of law, the parents of the deceased son can be considered as family members for the purpose of issuing of Family Member Certificate or legal heir certificate.
Seperation from Family
I would like to know how I can give up my rights on the ancestral property and free my brother from being my legal gaurdian as both my parents are expired
6 months ago
A. Dear Client,
If you are a co-owner of the ancestral property, you can execute a Deed of Relinquishment. This is a legal document that states your intention to give up your share of the property. This typically requires the consent of all co-owners. If the property is held jointly by multiple family members, you may need their consent to transfer your share to your brother or another family member. If you are of legal age, you may not require a legal guardian. However, if you are a minor, the pro ...ReadMore
Hindu marriage performed in 80s not registered
My relation and his wife got married in 1985/86 as per proper hindu system.Both are retired and senior citizens-Husband private job and wife state govt job.Their marriage was not registered.Will it cr
6 months ago
A. Dear Client,
Even if they got married in 1985/86 as per the proper Hindu system, it is not too late to register their marriage. They can visit the local Sub-Registrar's office and complete the registration process. This will provide legal proof of their marriage. To safeguard their interests, they should consider creating legal documents, such as a will, to clearly specify their wishes regarding property, assets, and inheritance. They can consult with a lawyer to draft these documents. If the wi ...ReadMore
Parents not accepting wife
In 2020 i married my gf after a long term relationship.I tried convincing my parents but they didn't agree .So i married her without their approval.Now they are constantly harrassing me saying that th
6 months ago
A. Dear Client,
Apart from the recommended legal remedies available to victims under the Domestic Violence Act, the victim can take the following steps to protect herself from the domestic violence of the inlaw's family post-marriage against their consent. A victim of domestic violence can inform the Chairperson, the Woman Commission of India or the State Commission for Women who on receipt of any complaint of domestic violence or atrocities against women takes suo moto action to protect the intere ...ReadMore
Section 125 CrPC or Senior Citizen Maint & Support
I am 71+ Senior Citizen let alone in Chennai..by wife & Children (all living in USA & Earning $350k annually) for the past 12+ yrs. Can I claim maintenance from them?
6 months ago
A. Dear Client,
In India, maintenance is governed by various laws, including the Hindu Adoption and Maintenance Act, 1956, and the Code of Criminal Procedure, 1973. These laws generally require individuals to provide financial support to their dependents, which can include aged or infirm parents. If you are in need of financial support and can demonstrate that you are unable to maintain yourself adequately, you may have a stronger case for claiming maintenance. Section 20(1) of the Hindu Adoption ...ReadMore
Transfer of all the cases from one place court to another place court
Sir I filed cases on my husband 2 years back like DVC, 498 and now maintenance and meanwhile divorce case is also going on which I am not interested in taking the divorce. Now my husband is time pass
6 months ago
A. Dear
Opposing Transfer of Cases: In family law matters, it is possible to oppose the transfer of cases from one jurisdiction to another. You should consult with your attorney to build a strong argument against the transfer based on the best interests of you and your child. Your attorney can present evidence and arguments to demonstrate why the cases should remain in their current jurisdiction.
Child's Best Interests: Emphasize to the court that relocating the cases to a different jurisdiction ...ReadMore
