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Partition

(Querist) 16 December 2017 This query is : Resolved 
Hi experts,
Please help me I'm in need of you people as my step mother as been filed case on me my sis and my grandma for partition suit on ancientrial property and self as she as not not been she us and my father was a govt retaired employ as she is taken all retaired amount and pension to and now she claiming property to ... My question is
1 can we claim pension amount and retairedment amount
2 is she as rights in properties
SHIRISH PAWAR, 7738990900 (Expert) 16 December 2017
You can claim retirement amount not pension. You all and your step mother have equal share in father's property.
Kumar Doab (Expert) 16 December 2017
Is step mother legally wedded wife of your father?
Did your father marry her after death of your mother?
Is this marriage valid?
Which personal law applies in this case e.g; are you all Hindu?
Did your father nominate you step mother as ‘nominee’ in his official records?
I
Kumar Doab (Expert) 16 December 2017
If she is legally wedded wife of your father and her marriage is valid then she being legal heir has share in estate/property of her late husband.
The estate/property in which other legal heirs e.g; you have a share, can be claimed from her.
kavksatyanarayana (Expert) 16 December 2017
I agreed with the well advise of Mr.Kumar Doab ji.
Kumar Doab (Expert) 16 December 2017
Thanks for agreeing Mr. kavksatyanarayana.
Jagadish (Querist) 17 December 2017
Legally means after death of my mother only he married but officially they not took permission from the department r they done registered marriage sir but now my father as been experied to but nominee was of my mother only but something illegally they done something in office and they entered in office nominee and now she is taking pension to..
Jagadish (Querist) 17 December 2017
Legally means after death of my mother only he married but officially they not took permission from the department r they done registered marriage sir but now my father as been experied to but nominee was of my mother only but something illegally they done something in office and they entered in office nominee and now she is taking pension to..
Jagadish (Querist) 17 December 2017
Legally means after death of my mother only he married but officially they not took permission from the department r they done registered marriage sir but now my father as been experied to but nominee was of my mother only but something illegally they done something in office and they entered in office nominee and now she is taking pension to..
Jagadish (Querist) 17 December 2017
Can I stop the pension what she is getting r can we claim it bcoz my grandmother is with me only so can I claim her maintenance


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