Aditya Dua | Legistify

Aditya Dua
Answered on 16 Aug 2019

In the case of Father's death, for the property under the joint name of father and brother, the legal heir will be the brother only and other siblings have no right in that property. The case may differ from religion to religion. You can consult a property lawyer to know more.Read More

Posted on 14 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 16 Aug 2019

Muslims can legally have more than one wife provided that each such marriage is done according to Muslim Personal Law. According to this it is mandatory that husband should be muslim and wife should either be a muslim or kitabia (christian) at the time of marriage.Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 02 Jan 2019

The second will given by the court is valid evidence and can be presented before the court. As the copy of the will has been registered and given by the court, you can easily use this will.Read More

Posted on 31 Dec 2018 | 2 Answers

Mohim Roy | Legistify

Mohim Roy
Answered on 12 Aug 2019

 According to the HSA, the property of a male Hindu dying intestate shall devolve upon: First, upon the heirs, being the relatives specified in class I of the Schedule which are Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a predeceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a predeceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. Second, if there is no Class-I heir, then upon the Class-II heirs which include: Father. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. Father’s father; father’s mother.  Father’s widow; brother’s widow. Father’s brother; father’s sister. Mother’s father; mother’s mother. Mother’s brother; mother’s sister. (In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.) Third, if there is no heir of any of the two classes, then upon the agnates (relatives on the father’s side) of the deceased; and lastly, if there is no agnate, then upon the cognates (relatives on the mother’s side) of the deceased. You can consult a family law lawyer to know more about the division of family property in India.Read More

Posted on 11 Aug 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 10 Aug 2019

The rules for Muslim are different from other religions. They are governed by Muslim Marriage Act and therefore if the wife is giving him the permission for the second marriage then he can do it lawfully as under the Act through which their marriage is governed allows them up to 5 marriage depending upon certain conditions. It is better to consult a Muslim law lawyer to know the validity of your second marriage.Read More

Posted on 09 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 09 Aug 2019

Under HUF there are two types of property - Ancestral property- Property inherited by a Hindu from his father, grandfather or grandfather’s father, is ancestral property. Any property that passes undivided down four generations of male lineage is called ancestral property. The grandson’s right to a share in this property accrues by birth itself. This is different from other kinds of inheritance, where inheritance opens only on the death of the owner. Ancestral property rights are determined on the basis of per stirpes and not per capita. Therefore, first, each generation’s share is determined and then successive generations sub-divide what has been inherited by their respective predecessors. In an ancestral property, grandsons have an equal share on the same. According to a Supreme Court ruling, a daughter can only claim ancestral property if her father died after the amendment of the Hindu law. The apex court said that a daughter’s right to ancestral property does not arise if the father died before this amendment, which came into force in 2005. Self-acquired property- Indian law concerning Hindus is very clear that self-acquired intestate (no will document made) property only of the deceased male/female Hindu is inherited by his/her sons and daughters in equal proportion along with the surviving spouse. The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother is alive. The grandchild does not have a birthright on the self-acquired property of the grandparent. The grandparents can transfer the property to whoever they wish in a will. So if your grandfather has ancestral property then you have a claim in the property and if its a self acquired property then you don't have any right in the property. You can consult a family lawyer in this regard. Read More

Posted on 07 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 08 Aug 2019

If your consent was not taken while rewriting a petition deed you can file suit to reclaim the property. Yes, she has to take the approval from you and from your brother. You can challenge the partition deed with the help of a property lawyer in India.Read More

Posted on 07 Aug 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 08 Aug 2019

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, as amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons. You need to consult a family law lawyer to get more insight into this matter.Read More

Posted on 05 Aug 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 08 Aug 2019

In the event of the death of her husband, a widow gets the one-eighth share (when there are children) but gets one-fourth share (if there are no children). So, in that case, she can dispose of her portion of the share only. You can consult a Muslim law lawyer to know more about your rights in your husband's property.Read More

Posted on 07 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 08 Aug 2019

The law in India states that it is the duty of the husband to take care of the wife and maintain her. But, at times the husband refuses to maintain the wife. In such a situation, the wife can take the matter to the court and ask for her maintenance from her husband. It is not necessary always that the matter on maintenance shall come up only when there is a matter of divorce. Matter can be filed only for maintenance. It is not necessary to file a divorce to get maintenance. Sec. 125 of CrPC says that a husband is liable to maintain his wife. The wife just requires to file a petition for maintenance before the court with the help of a family law lawyer. The wife is eligible to get maintenance, under the following condition: Wife is unable to earn: If the wife is totally unable to earn herself to maintain her livelihood, due to certain physical disability or lack of education, the husband is supposed to pay her a certain amount at a regular interval monthly or quarterly, to enable her to live a dignified life. Wife is well qualified: When the wife is not earning, but she is well educated and qualified enough to do a job, then the court shall instruct the wife to find a job to maintain her livelihood, and pass an order to pay maintenance of a certain amount to maintain herself during the period of her job search. In case, a husband still does not pay, maintenance, the court may order the employer of the husband to deduct a part of his salary and send it to the account of the wife. For this, you need to consult a family law lawyer in India to file a maintenance petition against your husband.Read More

Posted on 07 Aug 2019 | 1 Answer