Property Cases in India.

Property Lawyers

Property Lawyers

 

The term ‘Real estate’ stands for land, Including the air above it and the ground below it, And any buildings or structures on it. It covers residential housing, Commercial offices, trading spaces such as Theaters, hotels and restaurants, retail outlets, Industrial buildings such as factories and Government buildings. Real estate involves the Purchase, sale, and development of land, residential and non-residential buildings.

Real estate law is the set of rules enforced by the real estate legal authority. Real estate law regulates the working of real estate property. It regulates the disposition of the overall property.

 

We provide legal advice while dealing with real estate matters, which represents property buyers, sellers, and lesser in real estate proceedings and transactions. Buyer & Builder agreement drafting, drafting of Collaboration agreement, Property Injunction Suit, Property Legal Search Report, Legal Title Search, will drafting, Probate Case, Family Settlement deed, Legal Documents drafting..etc

Advertisements

Maintenance For Wife And Children under Sec.125 Cr.p.c

 

Maintenance For Wife And Children- Sec.125 Crpc.

Maintenance For Wife And Children- Sec.125 Crpc.

 

125. Order for maintenance of wives, children and parents.

1.

If any person leaving sufficient means neglects or refuses to maintain-

A.

his wife, unable to maintain herself, or

B.

his legitimate or illegitimate minor child, whether married or not, unable to maintain

 

itself, or;

C.

his legitimate or illegitimate child (not being a married daughter) who has attained

 

majority,where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

D.

his father or mother, unable to maintain himself or herself,

 

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of’ sufficient means.

[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

RESTITUTION OF CONJUGAL RIGHTS OF MARRIAGE.

restitution of conjugal rights of marraige

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.

 

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.

Annulment of Marriage.

annulment of marriage

Nullity of marriage and divorce:- Void marriages Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5. 12. Voidable.

 

Marriages.-(1) Any marriage solemnized, whether before or after the

commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

 

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

 

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

 

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

 

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

 

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

 

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or

 

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

 

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

 

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

 

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

 

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground

Custody Of Child Law India.

Custody Of Child Law India

Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child’s housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.

Hindu Minority and Guardianship Act 1956 (HMGA)

Guardians and Wards Act 1890 (GWA).

Dowry Law-498-A-IPC.

Dowry meaning :

Section 2.. “Dowry Prohibition Act, 1961” Definition of “dowry” Definition of “dowry”.—In this Act, “dowry”means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.— 3[***] Explanation II.—The expression “valuable security”has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

Stridhan

Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry (gifted either by her family), gifts presented to her during the wedding or later, and the dowry articles given by her family.

Gifts given by the parents of the bride are considered “stridhan”, i.e. property of the woman, traditionally representing her share of her parent’s wealth.

IPC Section 498A

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 punished 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-

Any willful conduct which is of such a nature as is likely to drive the woman to commit or suicide to cause grave injury or danger to life, limb or health whether mental or physical) the of woman; or

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 meet such demand.

This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.

Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent.

After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint, but in Delhi before arresting now have to obtain a written permission from the DCP, after direction of Hon”ble High Court.

Domestic Violence Cases .

Domestic Violence

Sec.3. Definition of domestic violence.–

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it

harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse,sexual abuse, verbal and emotional abuse and economic abuse; or

harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other or property valuable security; or

has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

otherwise injures or causes harm, whether physical or mental, to the aggrieved person.