Advocate Mohammed Munawar

Questions Answered by Advocate Mohammed Munawar

Q: Next hearing date for mediation

My wife has filed for divorce under sec 13 i (ia). The judge has referred us to the mediation center. I went to the mediation center on the date given (5th July 2019) and myself and my wives name was called out I went to the Judge desk and my wife (petitioner) did not come on the said date. The judge did not give me date for the next appearance date. I also forgot to ask for the next date. I came back and am looking for an update on the web site ecourts Guntur but the next hearing date or mediation is not updated.I do not have a lawyer and cannot go to Guntur in person from Bangalore to know the mediation date. Also if I miss the mediation counselling and go to court on mediation report date what will happen. Will the ruling be against me or will the judge give another chance of mediation please explain. Can someone get me the next mediation date ?

Advocate Mohammed Munawar answered
can you please let me know the case number, hopefully the judge should give the next hearing date for mediation.the stage is at mediation so both the parties must be present for counselling.the counselor will again in turn have to report the mediation procedure to the court what has happened and all.

Q: Do I and my children have any right on my dead husband's property

Respected Sir Husband had sudden heart attack, passed away, now my narcissistic mother in law is keeping all my gold (ie both from my side and her side) and not allowing any share in husbands property. I have one 3yr old son and 1 yr old daughter. what is my share and the childrens share of their fathers property. Everything is being kept hidden from me. kindly advice me on this matter as this is not getting solved inspite of my family elders repeatedly trying to sort it out by peaceful means considering DEATH as a loss to both the families BUT My In laws are just tricking us.

Advocate Mohammed Munawar answered
Dear Sir/Mam, As per my knowledge and informationWidow’s right to succession:Under Muslim law, no widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries. In a simple way Muslim woman: 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). If there is more than one wife, the share may diminish to one-sixteenth.Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.Per capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.Per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.In the case a man dies childless and his property at the time of his death after the payment of debts and will (if any) is $10,000.00; and his surviving relatives are his mother, his wife, one brother and one sister, the distribution according to Shariah will be as follows: The wife of the deceased will receive 1/4th or $2,500.00The mother of the deceased will receive 1/3rd or $3333.33The balance $4,166.67 will be divided into three parts, and the brother of the deceased will receive twice the share of the sister. Thus the sister of the deceased will receive $1,388.89 and the brother $2,777.78.

Q: Where can a girl file a DV case

Sir where ishould file a 498case means where am staying or I can file after going to my parents house and their I can case a file. .. Sir plz suggest me

Advocate Mohammed Munawar answered
Hello Sir, As per my knowledge and information A wife can file a 498A at police station near to husbands house or near to her parents house or any where from india. But you should have a valid proof the same before filing.

Q: How to pay money mentioned in the judgement to the respondent

Won the case in supreme court civil matter need to pay amount to petitioner with intrest , what is procedure to pay the amount, nothing such mentioned in Cc copy or judgment copy, can I pay at lower court in my state or directly to petitioner, will I get receipts or knowledge and what is time period to pay kindly let me know.

Advocate Mohammed Munawar answered
Dear sir,I'm not clear with query if you have won the case then why you will pay the amount and moreover if it is not mentioned in the judgement copy. If you can throw some more light on the case then will be able to explain.

Q: Rights of children of second wife in Father's property

My grand father had 4 boy children.. all 4 members distribute the property of my grand father in 2005, Now all 4 members got expired my father is 3rd boy he god 2.5 ecors agriculture land, 2 business shops and 1 house (9 cents) My father married with 2 women's... 2nd women is my mother my father expired on 2002 my father 1st wife has 3 baby girls and 1 boy all got married my father 2nd wife (my mother) has 1 boy and 1 girl now my father 1st wife children sell property (2.5 ecors agriculture land, 2 business shops) in 2015 Now can I fight for my property ? can I get my property back? we are Hindu's.

Advocate Mohammed Munawar answered
Hello mam, As per my knowledge and information.You and your brother has every right to claim your father's property though marriage with your mother is illegal.The Supreme Court has held that under the Hindu Marriage Act (HMA), illegitimate children are entitled to all rights in the property of their parents, both self-acquired and ancestral.A Bench of Justices G.S. Singhvi and A.K. Ganguly, hearing an appeal by Revanasiddappa, differed with earlier judgments in interpreting Section 16 (3) of the HMA that “such children are only entitled to the property of their parents and not of any other relation.”Stating that it was constrained to take a different view, the Bench referred the matter to Chief Justice S.H. Kapadia for posting it before a larger Bench. The Bench said, “The relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights, which are given to other children born in valid marriage. This is the crux of Section 16 (3).”Writing the judgment, Justice Ganguly said that under Section 16 (1) and 16 (2), it was expressly declared that children born in a void or voidable marriage, (viz. second marriage) should be legitimate.“If they were declared legitimate, then they cannot be discriminated against and they will be on a par with other legitimate children and be entitled to all the rights in the property of their parents, both self-acquired and ancestral.”The Bench said: “the prohibition contained in Section 16 (3) will apply to such children with respect to property of any person other than their parents. We find it interesting to note that the legislature has advisedly used the word ‘property' and has not qualified it with either self-acquired property or ancestral property. It has been kept broad and general.”Underlining the need for a liberal interpretation of Section 16 (3), the Bench said: “with changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today. The concept of legitimacy stems from social consensus, in the shaping of which various social groups play a vital role.”Quoting an earlier judgment, the Bench said: “the HMA intends to bring about social reforms and conferment of social status of legitimacy on innocent children is the obvious purpose of Section 16. This is a law to advance the socially beneficial purpose of removing the stigma of illegitimacy on such children who are as innocent as any other children.”“However, one thing must be made clear that the benefit given under the amended Section 16 is available only in cases where there is a marriage but such marriage is void or voidable. In the case of joint family property, such children will be entitled only to a share in their parents' property but they cannot claim it on their own right. Logically, on the partition of an ancestral property, the property falling in the share of the parents of such children is regarded as their self-acquired and absolute property.”Right to propertyThe Bench quoted Article 39 (f) of the Constitution which says “that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Right to property is no longer fundamental but it is a constitutional right and Article 300A contains a guarantee against deprivation of property right by authority of law.”Since there was no restriction imposed in Section 16 (3), such children would have a right to whatever “becomes the property of their parents whether self-acquired or ancestral,” the Bench said.