Issues & sugestions reqd for inheriting property
1. Every girls demand inheritance property is a right to women which no one can ignore. They can demand only the proportion of their share compared to their brothers. Giving the share in money or building or company depends upon the one who rights the 'will'. Even if the girls want the property to get divided, they can never get the reputation of the family particularly if the 'will' suggester has company of its own and wants his son or grand son to take over it. For this case the petitioner is daughter or grand daughter of a family will get married to equal status guy for which the family would have spend more for all the occasions, and for the same the same girl would have asked the sister-in-law to get it from their family in most of the situations. Then what a gent would really get from their parents or grand parents.
If any advocates can help in the conversation ensure that law wants proportion of property to be given to the women in any means or allows the ladies to demand the specific property. It is just like a family court where the petitioner never wish to live with the spouse and the respondent waits for reply from the spouse that they can continue their marriage life.
2. The 'will' is something that is written by the person willfully.If possible they have to talk to the party directly and make the final decision, which the lawyers and judges say for the Family court clients too. If the will is written by the person too earlier and at the end of his life if he was not allowed to change the will, the judges cannot do anything either the law cannot support for it. As this life style people ask evidence for not getting the divorce itself.
3. If the first wife gets divorce after settlement of the property then the person is automatically allowed to get married again. If a husband continues to live with one wife then automatically first wife children need not fight to get the property but safeguard the property from other family members looting it.
4. Many of the wives are not living with the husband, and not giving divorce just because they want their husbands property for such cases government has allowed the women living together or the second wife to get the inherited property for which no one has questioned yet. Which is the bad one not only for the judges to give the judgement but also spoils our culture. Only if the second marriage is accepted by the first wife and the guy gets married will he second wife children can get the inherited property or can become the successor of the family, for which their should be a written document for the acceptance of the first wife.
My question for this would be if the husband wants divorce from his first wife and the demand of the wife is " My husband should neither give me the husbands property or his inherited property nor get married to another girl" Will the law and also family member accept to this??
Even if the family members accept to this again question will be raised,
1. if the boy is a single child then the property will be handed over to either government or orphanage? So that the relations will not make family with the single child to live single either without getting married or getting divorce before giving birth to a child. In such case the 'will' will be challenged by the property just for finance and the same person would have not given any support to the one who earned so many property.
2. Second and most important thing is the daughter getting married and son neither not getting married or applying divorce within 45 days. In such cases if the family has more property and the girl(sister of the party who is applying divorce within 3 months from their marriage day) does not want to live with her husband has he is not rich compared to her parents property wishes to divorce the husband, at the same time makes her brother too to live single without his wife,, then how the girls can be given rights to the property of their parents or grand parents. the girls decision of getting divorce from her husband and giving divorce to her sister-in-law through her brother has reduced the reputation of the family. My suggestion would be before giving divorce to her husband, the girl getting married to these type of gents giving divorce with the family and sisters compulasion should file a case against her husbands, sister and family for spoiling the reputation of her in-laws house. because once the girl gets married to a family the reputation of that family along with her husbands property belongs to her and should be maintained by her too. for which she need not ask rights to the court.
As the divorce is only for separating the couple from living together and not in any other means, why the court has given "maintenance" has the punishment. Maintenance is something which the girl should get, punishment is to be given to the family members who has hurt the girl in all the means. i.e., Physically and mentally
If any point is misunderstood or given wrongly by me then for sure suggestions can be given in this circle so as to correct my view point. more
If any advocates can help in the conversation ensure that law wants proportion of property to be given to the women in any means or allows the ladies to demand the specific property. It is just like a family court where the petitioner never wish to live with the spouse and the respondent waits for reply from the spouse that they can continue their marriage life.
2. The 'will' is something that is written by the person willfully.If possible they have to talk to the party directly and make the final decision, which the lawyers and judges say for the Family court clients too. If the will is written by the person too earlier and at the end of his life if he was not allowed to change the will, the judges cannot do anything either the law cannot support for it. As this life style people ask evidence for not getting the divorce itself.
3. If the first wife gets divorce after settlement of the property then the person is automatically allowed to get married again. If a husband continues to live with one wife then automatically first wife children need not fight to get the property but safeguard the property from other family members looting it.
4. Many of the wives are not living with the husband, and not giving divorce just because they want their husbands property for such cases government has allowed the women living together or the second wife to get the inherited property for which no one has questioned yet. Which is the bad one not only for the judges to give the judgement but also spoils our culture. Only if the second marriage is accepted by the first wife and the guy gets married will he second wife children can get the inherited property or can become the successor of the family, for which their should be a written document for the acceptance of the first wife.
My question for this would be if the husband wants divorce from his first wife and the demand of the wife is " My husband should neither give me the husbands property or his inherited property nor get married to another girl" Will the law and also family member accept to this??
Even if the family members accept to this again question will be raised,
1. if the boy is a single child then the property will be handed over to either government or orphanage? So that the relations will not make family with the single child to live single either without getting married or getting divorce before giving birth to a child. In such case the 'will' will be challenged by the property just for finance and the same person would have not given any support to the one who earned so many property.
2. Second and most important thing is the daughter getting married and son neither not getting married or applying divorce within 45 days. In such cases if the family has more property and the girl(sister of the party who is applying divorce within 3 months from their marriage day) does not want to live with her husband has he is not rich compared to her parents property wishes to divorce the husband, at the same time makes her brother too to live single without his wife,, then how the girls can be given rights to the property of their parents or grand parents. the girls decision of getting divorce from her husband and giving divorce to her sister-in-law through her brother has reduced the reputation of the family. My suggestion would be before giving divorce to her husband, the girl getting married to these type of gents giving divorce with the family and sisters compulasion should file a case against her husbands, sister and family for spoiling the reputation of her in-laws house. because once the girl gets married to a family the reputation of that family along with her husbands property belongs to her and should be maintained by her too. for which she need not ask rights to the court.
As the divorce is only for separating the couple from living together and not in any other means, why the court has given "maintenance" has the punishment. Maintenance is something which the girl should get, punishment is to be given to the family members who has hurt the girl in all the means. i.e., Physically and mentally
If any point is misunderstood or given wrongly by me then for sure suggestions can be given in this circle so as to correct my view point. more
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Since this issue was politically amended , enacted leaving aside the comprehensive Report of Sri Rao of 1948 the net effect of the Acts and Rules pertaining to Succession and Inheritance in India with the newly enacted laws is the absolute disaster to the Senior Citizen or the Old Aged Citizen those really stands the real sufferers and , those such Male Spouse who compulsorily become the aggrieved due to disgust with the acts of his Female Spouse . more
Jun 23
As of I know the marriage bill 2013 is kept pending I myself pointed out many disputes in the points listed in the bill which was also discussed in this local circle. Later no status about the changes or discussion in the parliament was shared in this circle. more
Jun 21
Thank you sir.I feel that there is some thing good to to our circle members. On Mon, Jun 20, 2016 at 3:14 PM, H JOSHI wrote: > more
Jun 20
Study the law relating to this as specified in our constitution. There are hindu,muslim laws pertaining to division of ancestral property. a girl get more advantages than a boy while getting married. It may be called share or dowery . I feel that instead of going behind the ancestral property try to live with your good knowledge and experience by serving our nation. Own efforts will be fruitful always good than enjoying unearned money. more
Jun 20
Sorry, this may be a bit wide off the mark from the posted issue. The Marriage Laws (Amendment) Bill, 2013 passed in Rajya Sabha was not passed by Lok Sabha during the UPA regime. This Bill gave certain protections to the divorced wives & their children on the husband's inherited property after divorce. Any one in the Circle can throw some light on the current status of the Bill ? more
Jun 20
