Advocate Mohammed Mujeeb

Questions Answered by Advocate Mohammed Mujeeb

Q: My husband passed away 5 months ago, I have a 4-year old girl child. When I was claiming death benef

My husband passed away 5 months ago, I have a 4-year old girl child. When I was claiming death benefits from his office, my mother-in-law has also sent a claim to the office saying that she is a legal heir. My husband has nominated his mother for life time benefits before our marriage and it remained unchanged. Gratuity he made me as a nominee after marriage and the rest of them he missed to change. 1. Nomination before marriage will still be considered? I have a small kid and I wanted to know. 2. As a result of two nominations, my husband's employer has asked me and my mother-in-law to get a Succession Certificate or any valid affidavit on how much percentage of benefits to be given to me and my mother-in-law. Office benefits are Provident Fund(no nominee on EPFO Portal), Gratuity (I am the nominee), Group Term Insurance from Employer, EDLI from PF Department (no nominee). Can you please help me on how much percentage must be given to my mother-in-law in all these benefits?

Advocate Mohammed Mujeeb answered
a nominee cannot claim the full assets of an estate as they are only a trustee.the legal heirs of your late husband are his mother, his wife and his children. In the absence of a valid will made by your husband, his mother is entitled to a one-third share of the benefits and you and your daughter are entitled to the remaining two-thirds. In respect of the Provident Fund and EDLI, since there was no nomination made, the benefits would be split in the ratio of one-third to your mother-in-law and two-thirds to you and your daughter.In respect of the Gratuity and Group Term Insurance, since you are the nominee, you would be entitled to the entire amount. You may have to approach the relevant authorities to get the benefits disbursed in the above mentioned ratio.

Q: Can we quesh a fir which is out of jurisdiction for section 376 and 42

Can we quesh a fir which is out of jurisdiction for section 376 and 420.basically all the offences has occurred in Bangalore.but the girl has given false complaint in fir- as place of occurrence has telgana...in which boy has never visited telgana and the boy is arrested... what best can be done now

Advocate Mohammed Mujeeb answered
Boy can file an application in the court to have the FIR quashed if the girl has provided false information. The court will consider the evidence provided by the boy and decide whether or not to quash the FIR. The FIR can be quashed if it is found to be false, frivolous, or vexatious. The application should be filed in the court of competent jurisdiction. The court will take a final decision on the matter.

Q: Unfair Trade Practice - Deficiency of service

For my show case , I wanted 2.75 ft x 3.25 ft glass. Shopkeeper said I have to pay for glass of size 3 ft x 4 ft ( instead of 2.75 ft x 3m25 ft ) as they generate wastage.So I paid money for size 3 ft x 4 ft glass ,but asked him to give waste glass pieces to me. He refused to give pieces.A ) Is this case comes under unfair trade practices and can I complain with Department of Legal Metrilogy ?nB) Can I approach Consumer court for this ?nThanks

Advocate Mohammed Mujeeb answered
A) Yes, this case could come under unfair trade practices and you can complain with the Department of Legal Metrology.B) Yes, you can also approach the consumer court to seek redressal for your grievances. The consumer court is empowered to hear and decide consumer disputes and provide relief to consumers as per the laws laid down in the Consumer Protection Act of India

Q: Can my husband live with an divorce lady

Hi, iam married from past 17yrs and I have 2 kids, minors. My husband left us with out any settlement and he is living with another divorce lady who has two kids from her previous marriage, from past 4 months. Now he changed his name and signed as father in the school records for those kids, even charges her name attaching his new name, how to get a solution

Advocate Mohammed Mujeeb answered
In this situation, it would be advisable for you to approach the family court for a suitable relief. The court may direct your husband to pay maintenance to you and your children as per provision of law. You can also seek other reliefs such as custody of your children, residence rights, and so on. The court may also issue a restraining order against your husband if he is found to be threatening or harassing you and your children.

Q: not applied for divorce however still not able to meet my child.

Sir/MadamnWe have not applied for any divorce, my child is with my wife only for the past 2 years. however she is not allowing me to meet my child. even the school management also not helping me to meet my child. always they are saying lets talk in their house, for that I am worrying. I dont want to apply divorce unless she accepts for it ( because mutual concent divorce process quicker spouse divorce

Advocate Mohammed Mujeeb answered
you can approach the family court in your city and file a petition under Section 9 of the Act. This Section provides for restitution of conjugal rights. Through the petition, you can seek the court's orders to your wife to allow you to meet your child.