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succession

Querist : Anonymous (Querist) 31 July 2011 This query is : Resolved 
sir,
i got your reply but i would like to ask you that how can my father get remarry if he has not got a legal permission for second marriage and how his second wife and his childrens are legitimate. what about my birth right? there were no legal sepration between my mom and him? has he guilty infront of law? my mom got married after 12 yrs of my birth but he got married when i was just 3 yrs. how his second marriage is valid if it was beyond the hindu marriage act. pls let me know whats fact


thanks
sandhya



my previous question


Hi,
my name is Sandhya i am 20 years old and i would like to consult about myself and my succession in fathers property. my mother and father got married in 1990. they blessed a girl child in a year 1991. ( its me) but after my birth they got seprate due to their some personal matters or mismatching of their thoughts. My mother and her family (my grand mother and grand father ) has been looked after to me. they gave me love and education since i was one year old. my father got married (1993) with another women and didnt ask about me and my neccesity, even not spent single rupee for me , our financialy condition was not good so we couldnt take any action against him. i was minor and i was not aware of lawful things. In 2003 my mother got married with bachelor person i was also agree with my family decesion , i had no objection for my moms second marriage because according to me she had done her duty and was doing. i am still staying with my grand pa and grand mom but as per my colege record still i am using my fathers name. father have two dougther and one son fro second marrige. Now i am feeling that he only gave me birth nothing done other than this. i wish to file case against him for my compensation and succession in his property. can i get my rights in his property? or can i get compensation? or can i proove himself as a fraud? can i send him behind bar? i am a college student now and its very defficult to complete my education as wel as my marrige because our family condition is not strong. kindly guide me for my future as you think suitable to me and my family. one more thing my father is government servent.

thanking you
yours faithfuly

Sandhya

M/s. Y-not legal services (Expert) 31 July 2011
Already we discussed detailely sandya.. Its ok.. Just clear your self with some question that, whether any complaint given by your mom about your father's second marriage? Any case pending before any court of law?
M/s. Y-not legal services (Expert) 31 July 2011
By birth you have one of the share.. Your father's second marriage may be illegal but that childrens will get equal share like you..
M/s. Y-not legal services (Expert) 31 July 2011
Your mother should be lodged a complaint in time. Then right now your father, mother both are accused. As per your words their first marriage still in force. Both are got second marriage with some one another. Only one difference is your father done earlierly, your mother laterly. Thats it, before the eye of law both of them are accused.
M/s. Y-not legal services (Expert) 31 July 2011
If your father's property is ancestral property mean you and the second wife's childrens are entitle to get equal share. If its self acquired property mean its will go as per your father's will.


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