Sunena 16 November 2017

Parental property

My father did 2nd marriage with out divorce, he has a baby girl from 2nd wife. i think 2nd wife is manipulating my dad and planning to take all property. my mother and father are not together from last 14yrs but not yet divorced. my dad married before 5 yrs to his 2nd wife. will i get any property from my dad. how can i claim that.. can my own mother file a divorce now and get half property..?

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Vijay Raj Mahajan (Advocate) 16 November 2017

You have right to claim your share in the property of your father after his death if he die intestate without making any Will. Your mother too can claim her share if she remains his wife but if she gets the marriage dissolved by decree of divorce than she will not get any share in his property. In event of divorce your mother will not get anything from the property of your father she maximum can claim permanent alimony and maintenance from him.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 November 2017

If you father has self-acquired property and he wills it in favour of his second wife and her child, you and your mother will have to go to court if you want to make a claim. The case will be decided on merits. Your mother can file a case against your father under section IPC-494 for bigamy.