Q & A
Q 1. My mother got married in 1982.My mother has one younger brother and one younger sister. My grandfather bought property (2 storey building) and kept on my grandmother’s name. After that my grandmother died in 2001 and my grandfather died in 2005. No property distribution happened till date. Now my mother's brother want to sell the property, the question is how can my mother claim on this and how much she get the share. I heard Hindu succession act amendment 2005 gave powerful powers to daughter to include as coparcency. So please help me whether my mother can get claim on her mother's property even though she got married in 1982. Regards, LN.
Ans. Your uncles cannot sell your grandparents
property without your mother's signatures. By virtue of birth in this family
she becomes a coparcener in the family property and has an equal right in
the property. The new Section 6 provides for parity of rights in the
coparcenary property among male and female members of a joint Hindu family on
and from September 9, 2005 and along with rights she takes liabilities in the
same manner as the son. So your uncles cannot sell the property without her
joining the deed of sale and denying her a share.
Q 2. In a Court
Proceeding, the respondent uses words like “Crooked”, “Cunning”, etc. and
phrases like “The plaintiff keeps roaming in the Court for the whole day”
against the plaintiff, instead of replying to the issues in question. What
civil / criminal action can be taken against the respondent? Pl guide along
with the relevant Law / Sections. K RS
Ans. Well, when parties make allegations
during a court case, you definitely must object to it, but no civil or criminal
action can be taken immediately. The logic behind this is, if parties are
allowed to take action, the Courts would be flooded with such cases than any
real substantial issue of dispute.
Q
3. If the wife passed away and husband marries again, does the husband
have the right on his ex-wife's property? The ex-wife has kids. Please advice.
–XN.
Ans. Your query is very short, but not complete. You have very vaguely
mentioned the facts of the case. I am considering you have divorced your 1st
wife and remarried. But you have not mentioned the terms of settlement of your
divorce with your 1st wife. Whether there is a mention of any financial
settlement in this divorce. Also about the kids, considering they are from your
1st marriage, then in whose custody are they at present? Is it her or you? If
they are from her then they will have a right in their mother’s property, but
you may not have such a right, owing to your remarriage to another woman.
Q 4. Wife has filed for divorce. I have filed RCR. 1 year old son in her
custody. I’m filing for interim visitation u/s HMA 26 on next date. I was
meeting my son & wife (before she filed divorce) regularly up to his age of
3 months & could not meet after she filed divorce. I really love my son. I
fear that my wife's lawyer is a big liar. So she will definitely lie in
argument the I have never met my son since his birth & I never cared for
him, I neglected him 7 now I’m asking for visitation jus to harass my wife. He
had similarly lied in HMA 24 argument. So how can I give some documentary proof
along with May application to show that I was regularly visiting my son before
case & I genuinely love him? Please advise. Thanks
Ans.
Courts will not believe whatever the advocates and their clients plead or
argue. They rely on pleadings and documentary evidence. The courts
also know in certain circumstances even documentary evidence cannot be
presented due to the peculiar nature of issue involved. In your case, even
though you do not have any documentary evidence or have not sent any amount
either to your wife or just one year child, then also, it does not indicate
that you have no love towards your child. So, visitation rights cannot be
denied on this ground. But do send first year's birthday gift to your
child and also make efforts to enquire about your child, which would be helpful
to you in your custody litigation.
No comments:
Post a Comment