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Frequently Asked Questions

Answers to common questions regarding matrimonial law, property conveyancing, wills, succession certificates, and motor accident claims in Jammu courts.

Under Section 13B of the Hindu Marriage Act, the parties must have lived separately for a minimum continuous period of 1 year immediately preceding the date of filing the joint petition in Jammu Family Court.
A 30-year revenue title search and Fard-Intikhab verification confirms that the seller is the sole lawful owner, there are no bank mortgages or court stay orders, and the land is clear for registration at the Sub-Registrar office.
A Tehsildar Legal Heir Certificate is used primarily for government pensions, employment benefits, and revenue mutation. A Civil Court Succession Certificate (under the Indian Succession Act) is mandatory to claim bank deposits, FDs, mutual funds, and shares of a deceased person without a nominee.
Yes. Parents have 100% ownership of self-acquired properties. Through a registered legal notice, newspaper public declaration, and an exclusion Will or Gift Deed, parents can completely debar an estranged adult child and seek eviction under the Senior Citizens Act.
Yes. Following the landmark Supreme Court ruling in Amardeep Singh v. Harveen Kaur, Family Courts in Jammu can waive the 6-month period between First and Second Motion if all terms of alimony, child custody, and Stridhan return are resolved and mediation has failed.
Under Section 6(a) HMGA, custody of children under 5 years ordinarily remains with the mother. However, the paramount judicial test in Jammu courts is always the 'welfare of the child', evaluating physical safety, emotional stability, schooling, and health.
Courts follow the Supreme Court's Rajnesh v. Neha directives requiring both spouses to file comprehensive affidavits of assets and liabilities disclosing salary slips, business accounts, income tax returns, real estate, and lifestyle expenses.
Yes. Under the Supreme Court ruling in Vineeta Sharma v. Rakesh Sharma, daughters are coparceners by birth with equal rights and liabilities as sons, regardless of marital status or whether their father passed away prior to 2005.
Under the Motor Vehicles (Amendment) Act 2019, an accident claim must generally be filed within 6 months of the date of accident. It is critical to engage counsel immediately after the accident to prevent limitation disputes.

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