Mother in law is selling land without permission of her daughter. My father-in-law has no more, his property registered in the name of my mother-in-law. Mother in law is selling land without permission of her daughter. my wife's sign. My wife has one brother. Please tell me my wife's rights.
However, the property is registered in the name of your mother in law but she is not an absolute owner of that property. If she had no source of income at the time of purchase of that property, that property is the self acquired property of your father in law.
Your father in law has died intestate i.e. without making a will. Hence, property will devolve upon his legal heirs according to the law of inheritance. Widow and children are the class I heir. Therefore, they will inherit the property. A married daughter is also entitled to get her father’s property.
Your mother in law has no right to alienate that property without consent of other legal heirs. If she is doing so, the legal heirs should file a civil suit for mandatory injunction. Thereby, the court will stop her from interfering in the property. The court will maintain the status quo regarding that property.
Your wife can file that civil suit because she is co-owner of that property. No need to take permission from her brother for filing a civil suit. However, her brother is also a co-owner but each heir has exclusive right to approach the court.
We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our residence, Mumbai. Can we call for CDR location in our defence, to confirm we were in Mumbai on 23.06.2019 Question Can We get our CDRs through RTI.
Can we prove our absence through the CDR?. You are a subscriber of a telecom operator. Hence, you can get CDR from the telecom operator. No need to approach the court for calling CDR from the telecom operator.
Court can direct the operator to furnish CDR if that details are necessary for the purpose of investigation or trial of the case. But that CDR must either belong to the accused or the call details tend to prove involvement of the accused in the commission of offence.
No such circumstance exists in your case. Hence, you can directly approach the operator and get a CDR. The CDR is not a conclusive proof. Court has the power to reject it if your presence is being proved by other evidence.
If you want to take a plea of alibi (absence on the place of incident) as a defence, you can prove it by any other evidence also. Not necessary to rely on CDR. You can prove your absence through circumstantial evidence.
I want more money as interim maintenance to take care of my children. I have filed a maintenance case in 2020. Today the court has passed an interim order on the basis of husband’s income. His income is about one lakh per month. The maintenance amount is 20000/-monthly. Out of which 15000/- for me and 5000/- for both kids. My kids need more money to carry on their studies. So I want more money as interim maintenance to take care of my children. Please guide me.
This is not final maintenance. Court grants ad-interim maintenance to meet the current financial need. The court has granted 20% of your husband’s salary as interim maintenance.
However, there is no fixed rule regarding the percentage of salary which the court can grant in respect of interim maintenance. The court decides it on the parameter of net income of husband and basic necessity of wife & children. Prima facie this amount seems fair and there is no room for interference.
File a revision against the order of interim maintenance
If you think that fees and other necessities of your child cannot be fulfilled in five thousand rupees then you can file a revision against the interim order of maintenance.
The revisional court has very limited power. Revisional court shall examine the basic needs of your child in order to increase the amount of maintenance. Therefore, you can produce evidence regarding the fees and other expenses which you are currently bearing in the care of your child. The court cannot decide any other issue except the amount of interim maintenance.
It is, however, the prime responsibility of the father to maintain his child. He should take full responsibility towards fees and other necessities. The revisional court has the power to enhance the amount of maintenance.
You can thus file revision in the court of sessions if the magistrate has passed the interim order under Section 125 crpc. If the same order has been passed by the family court then you should file revision before the High Court.
Can the court quash the FIR lodged under Section 468 IPC? Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC?
Section 468 of Indian Penal Code is a non compoundable offence. Hence, compromise between the parties does not empower the High Court to quash this criminal proceeding.
The High Court can quash the FIR if no offence is made out against the accused. If the allegation in the FIR is bald and frivolous then the High Court can quash the FIR.
No such things happened in your case, therefore, the High Court cannot quash this proceeding. If the trial court finds that prosecution has failed to prove the guilt of the accused, then it can acquit you. There is no other method to conclude this criminal proceeding.
I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity?
Guilty person cannot lodge an FIR because no offence has been committed against him. If he has committed an offence but lodges FIR, that FIR will be treated as a false FIR. Section 154 crpc does not allow an accused to lodge FIR.
The content of FIR must show that prima facie a cognisable offence has been committed. If the officer in charge of the police state does not satisfy from the content of the FIR that a cognisable offence has been committed, he will not lodge your FIR.
In a squabble or quarrel cases, both parties are victims. Hence both can lodge an FIR against each other. The subsequent FIR is called cross FIR and the version of cross FIR is always maintainable. Hence, you can lodge a cross FIR against the accused.
I had a mutual relationship with my boyfriend. Me and my boyfriend had sex multiple times with our consent. Can I file a case against him? As the times moved forward, he surrendered that in future he won't marry me. After making physical relationships many times he left without any valid reason, only silly excuses.
I am facing this self-guiltiness issue since more than 2 months also he used me financially too. My question is should I go and file a complaint on him because he is also saying rubbish to me and in front of my friends also like behind my back which i can't bear.
When it comes to sexual relationships, consent is key. In the eyes of the law, if you have given your free and informed consent, you have established a legal and valid consent to engage in a sexual relationship. This is in accordance with Section 90 of the Indian Penal Code (IPC).
It is important to note that under the definition of rape as stated in Section 375 of the IPC, consensual sex cannot be considered as rape. As such, if the sexual relationship was established with your free consent, your boyfriend has not committed any offence under this section. Therefore, you cannot file an FIR under Section 376 of the IPC.
However, if your boyfriend has uttered indecent words with the intention of insulting your modesty, he has committed an offence under Section 509 of the IPC. You have the right to file an FIR against him in this regard. It is important to know your rights and take appropriate legal action if necessary to ensure that justice is served.
Stepmother demanding full share in father’s property. Our property was transferred from pagdi to ownership and no registration was done in the name of my mother. Stepmother is demanding full share in father’s property. My mother died in 1999 and my father take noc from all children. Three sisters and 1 brother total 4 of us (all major) which was not registered only notarized and become member of society. Society also transferred a share certificate in his name and he was remarried in 2008.
He passed away in 2022. My stepmother does not have any child. She had written a letter to society not to transfer the flat in his son's name as she has legitimate right in property. Does she have a legitimate right, if yes then how much percentage ? If yes then can she make a gift or will and transfer her part of share to anybody from her side
If yes then can we make any arrangement that she cannot gift or will her share to anyone other than legal heirs. Does society have the right to prevent legal heir membership on her letter ? How much right she will have as my step mother in my personal property after my death.
Your stepmother cannot claim full right in the property of her deceased husband. This property is not the self acquired property of your father. It was actually belonged to your mother. After her death your father got a share certificate from the society after obtaining no objection certificate from the legal heirs.
That transfer paper is unregistered therefore, it has no legal validity in respect of transfer of right. Hence, your siblings and you are the legal heirs in respect of this property. Hence property will legally devolve upon all of you. Stepmother has no right in this property.
Your deceased father died intestate i.e. without making a will. In absence of will the property will devolve in accordance with law of inheritance. Your stepmother does not come in the list of class one heirs. Therefore, she will not get any share in this property.
In these circumstances you should file a declaratory suit under Section 34 of the Specific Relief Act. The court will declare your right. If you want partition then the court may also divide the property among each legal heir.
Buyer demanding refund of money after taking possession of land. A sale deed has been signed by both the parties, but could not be registered as on the nick of the hour original property papers were found to be misplaced. Full payment has been made by the buyer. Buyer demanding refund of money after taking possession of land. And the unregistered sale deed and the possession is with the buyer.
The seller has been undergoing the process of getting a duplicate copy of the papers by registering an FIR. Public Announcement in two Newspapers, and Undertaking to the Registrar Properties for the issue of Duplicate Papers for the registration of the aforesaid sale deed. But the buyer says to refund him the entire money till the process is completed. Buyer says return the money. What should the seller do in this case?
The buyer has taken possession and the seller is trying to get a duplicate sale deed. In absence of necessary papers the seller cannot transfer the land to the buyer. The seller has the intention to sell the property and handed over the possession to the buyer.
There is no fault on the part of the seller, hence, the buyer cannot demand a refund of money. He can either hand over the possession of the land to the buyer and lose the earnest money or remain in possession and wait for the execution of the sale deed.
In your case the buyer is not interested to hand over the possession of land. He wants the refund of money and till then remains in the possession of land. In this situation you should file a civil suit for specific performance of contract. File a civil suit under Section 10 of the Specific Relief Act.
The buyer will have no option except to buy this land. Because he has taken possession of the land in the course of performance of the sale agreement.
Can the educational qualification certificates of government employees be disclosed under RTI? I want to know the educational qualifications of selected assistant professors in the state university. There is some rumour that average numbers of candidates are lower than the merit. So I want the qualification details of all the selected candidates. Can the educational qualification certificates of government employees be disclosed under RTI?
You can get the qualification details of all the selected candidates through the RTI (Right to Information Act). Their educational details became public information. Hence, you can seek disclosure of this public information through the RTI application.
University cannot refuse to provide educational details. If the university refused to do so then you should file an appeal before the state information commission Lucknow. University is a state within the meaning of Article 12 of the Constitution of India and a public authority under Section 2(h) of the RTI Act. Hence, the provisions of Right to Information Act apply thereon.
A lady is claiming herself second wife to my father: How to tackle this issue? My late father left a registered will in my name mentioning that everything, all house and assets should be given to me. I am the only son to my late parents. It is self acquired and not ancestral property. Now a lady has filed a writ on me stating that she had married my father after my mother's death. She is claiming a second wife to my father and is claiming half share in money and house. But I am the only legal heir of my father. So how to tackle this incase even if she falsely proves that she had married my late father.
You have a registered will of your deceased father. According to the said will you are the sole owner of his entire property. No matter that a lady is claiming herself as a second wife. If her claim is true then she will not get any property because your deceased father had not given to her any property in his testamentary will.
Let her claim herself a second wife. She will not get any property because your father has not died intestate. Hence, his property will not devolve upon his legal heirs according to the law of inheritance.
He has settled all properties through a registered will. Therefore, property will devolve as per the said will. If the will is genuine and his last will then you should immediately file a probate in the district judge’s court.
Don't delay in filing probate and taking a letter of administration from the competent court. You should not take her claim seriously and refrain himself from such a false claim. File a probate petition as soon as possible.
When a testator has settled his entire property and does not leave anything for his second wife, then she cannot claim any right in the property of her deceased husband.
Also read: Wife's right in in the property of deceased husband
