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NNot advisable. As for purpose of inheritance from the mother, one needs to show proof of relationship. Incorrect name would create a major problem here.NSecond wife of a Hindu man is not entitled to anything as she is not a legal heir, unless the man made a will in her favour. What property paper is her name mentioned in??
She is pregnant from another man? I’m assuming the child was conceived after the husband died. Also the marriage itself is not legal so there can be no presumption of paternity for this baby and he will not get anything from the property
NIt’s very much legal advise only as I have cited facts from a similar legal case. If you have so much of a problem with “personal advise” why don’t you go after the hundreds of non lawyers posting their frivolous comments on a legal advise subNWell lawyers are legally and ethically bound to give practical advise too and not simply encourage clients to file cases just for feesNYes of course. I’m assuming you mean whether husband and wife who don’t have kids yet can create HUF. It’s possible. Speak to your lawyer and CA. You will need to make a Deed of HUF, apply for PAN Card in the name of the HUF and also open a bank account. It will be in the name of the husband.
All the children born will automatically become part of this HUFNThank you. Yes I’m truly appalled by the ridiculous comments here in the name of “legal advice”. Keeping shut is simply a no brainer here.NLawyer here. Considering that your father is in the army and you kids live with your mother, it’s not advisable to expose her affair at this moment. It will only backfire and life will become more hell for you if you do so. Your father being away on duty won’t be able to protect you from the abuse and torture you may face from your mother for exposing her affair. Your father won’t even be able to get custody of kids due to him being in the army. The mature thing to do here is kind your own business and focus on your studies. Try to become independent as soon as possible and leave the house. Once your younger sister is also grown up and has also become independent, only then it makes sense to tell your father about the affair.As a lawyer I have seen cases where children who expose affair of a parent are often punished ruthlessly by the parents, denied further education and even denied share in property in extreme cases. Often the other parent knows about the affair and is ok with it but gets angry at kids for interfering in their marriage. That’s why it’s better to be selfish and mind your business for the time being at least.
NSince no Hindu rituals took place and assuming that you have not registered the marriage under special marriage act, you can get this marriage declared null and void through the Court. However, very recently the Supreme Court has held that alimony can be granted even if the marriage is declared as void.NHe should be more worried that she might file a pocso complaint against him. Even sending sexually explicit pictures to a minor amounts to a criminal offence under pocsoNPhotos and wedding invitation card are acceptable proofs apart from marriage certificate. If they are not there then affidavit is accepted.NIf the house belongs to your parents they can file a suit against their son and daughter-in-law asking court to pass an order directing them to leave the house and also an injunction restraining them from re entering the house. They can say they are senior citizens and being harassed due to their fights. The court usually grants such an order in favour of old parents and they will have to move out in a rented accommodation. Your brother and his wife seem to be really spoilt and freeloaders. Once they are kicked out they will learn some responsibility. There are many such cases filed in courts by parents against their son and daughter in law. Court usually supports the parents.NLet them not do any religious ceremonies before the special marriage act registration. Because doing nikah before would mean they are already married under Muslim law and then technically they cannot get married again under special act as you are supposed to declare that you are unmarried (many do it but it’s wrong) After registration under special marriage act they can do any ceremony as a formality and then it doesn’t count legally.NLawyer here and this is the best advice OP. Your friend won’t be able to do shit as the law does not allow her to charge abnormal interest rate. She cannot claim it from any court or legal means. If she harasses you further just go to the police and file a complaint and show the police the proof of payment made by you. Tell the police to register FIR against your friend for extortion and criminal intimidation.NI think it’s a nice name. Don’t change it. Even my name is uncommon and people often make mistakes when reading it but once I correct them almost everyone says I have a lovely name.
