Anandi's legal argument - bogus

tinoo thumbnail
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Posted: 14 years ago
#1
Yesterday, our anpadh gawar anandi, gave 'vakalat' on behalf of Jagya and demonstrated her great legal knowledge...
she told bhairon "if you dont give money, then what if jagya files a court case for his share of the property, since he is still legally your son?"
This is completely bogus. Jagya has no legal right to the property just like that by virtue of being a biological son. It is the complete right of the owner of the money to give or not to give money to whomever he pleases. There are several cases where people give all their money away to charity...and not to their children.
If a son or daughter wishes to legally challenge that the parents are not giving money, there is an extensive procedure where the child has to demonstrate that parents were mentally unfit and a psychiatrist will have to testify in front of the court. There is no way that Jagya will be able to do this since bhairon, basant and maasaa are all completely mentally competent. If the three dont want to give him money, then they dont have to give him money. He has no legal right to the money on his own... and such a contestation/case can only be filed after a person's death or after a person's will has been filed.
I can understand that anandi did not file the case against jagya because she did not want to be the cause of the haveli's and family's ijjat going down the drain.
But to advocate for jagya -- saying what if jagya goes to court for money and is the cause of the downfall of haveli's ijjat? That is completely the haveli's lookout. She is not responsible for jagya taking the family to court.
The spineless coward would never have the battery to do that anyway.
In addition, I find it odd that anandi would leave her school in the middle of the day to talk to bhairon about this. This is easily something that could have waited until night time. But no, she left her work half-way to advocate on behalf of this man who has illtreated her.

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Rolzz thumbnail
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Posted: 14 years ago
#2
I think its not just winning the case, but the humiliation that can result if Jagya goes to court..

-SilverAngel- thumbnail
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Posted: 14 years ago
#3
Sometimes it takes women ages to come to terms with the truth... Anandi is hanging onto any strand that she can which connects her to her past!!...and is delaying moving on...these CVS 😡😡
Edited by mahi0809 - 14 years ago
tinoo thumbnail
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Posted: 14 years ago
#4

Originally posted by: Rolzz

I think its not just winning the case, but the humiliation that can result if Jagya goes to court..

That is exactly my point. Jagya cannot even go to court. No court will even admit a case like this to begin with. Cases have to be sensible before a court admits them.
chocobear thumbnail
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Posted: 14 years ago
#5
It's not bogus. Because Jagya can claim his share in the property. Whether he will get his share or not is not the question. The question is what if he drags them to court. People won't respect them esp. DS the same way they do now plus once if your name is malligned you can't change it. She was talking about the respect of the family that will be on stake once J and G drag them to court.
Edited by chocobear88 - 14 years ago
tinoo thumbnail
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Posted: 14 years ago
#6

Originally posted by: chocobear88

It's not bogus. Because Jagya can claim his share in the property. Whether he will get his share or not is not the question. The question is what if he drags them to court. People won't respect them esp. DS the same way they do now plus once if your name is malligned you can't change it. She was talking about the respect of the family that will be on stake once J and G drag them to court.

I reiterate that Jagya cannot file this case in court. The court will not admit this case unless Bhairon has formally first willed it away to someone else. Then at that point Jagya can file a court case.
Just now, Bhairon refuses to give him money. He has not willed away his property to someone else.
That is not called denying him a stake in the property. It is bhairon's wish to give or not give money.
tinoo thumbnail
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Posted: 14 years ago
#7

No "heir" has an automatic right to the property just because they are biological descendants.

The owner of the property has full rights. Bhairon and dadisa may decide to will away their money to "daan dharm" and leave nothing to Jagya or Nandu or Suguna. Maybe they decide to leave the money solely to the hospital they built in Jaitsar
But first they have to die - and a will has to be in place first for Jagya to contest it. At that point, He may file a case and say "bapusa left the money to the hospital and not to me, but I contest his will".
But right now, nothing can happen. The court will not admit foolishness like this. A lawyer will put a stop to it at the beginning itself by saying that Jagya cannot contest something that has not yet been denied to him in writing. 😆... and when bhairon and dadisa are still alive. It is their wish to give money or not to give money.
Edited by tinoo - 14 years ago
chocobear thumbnail
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Posted: 14 years ago
#8

Originally posted by: tinoo

I reiterate that Jagya cannot file this case in court. The court will not admit this case unless Bhairon has formally first willed it away to someone else. Then at that point Jagya can file a court case.
Just now, Bhairon refuses to give him money. He has not willed away his property to someone else.
That is not called denying him a stake in the property. It is bhairon's wish to give or not give money.

Did i say that the court will approve his claim and all? no. I just said that J might in his foolishness think that he can claim and sue his family for money and if he does so he wont gain anything but the family will loose their respect in the village. it would be a big thing for the family. DS will be humiliated by every other villager. J getting property is all together a diff issue. Till Singh family(DS basanth bhairav) are alive he cant legally claim his share on property and it's their wish if they want to give him or not.
Edited by chocobear88 - 14 years ago
tinoo thumbnail
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Posted: 14 years ago
#9
[
Did i say that the court will approve his claim and all? no. I just said that J might in his foolishness think that he can claim and sue his family for money and if he does so he wont gain anything but the family will loose their respect in the village.
But how can he go to court -- this is if he files a case first. (in his foolishness or in his full senses).
The court will not even admit this case -- there will be no registration of this case -- hearing of the case by a judge will be a secondary matter only if the case is admitted.
tinoo thumbnail
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Posted: 14 years ago
#10

Originally posted by: tinoo

[

Did i say that the court will approve his claim and all? no. I just said that J might in his foolishness think that he can claim and sue his family for money and if he does so he wont gain anything but the family will loose their respect in the village.

The other thing is that the family has already lost their respect in the village - because people already know about this gauri jagya match. What more is there to lose?

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