2nd Marriage
Querist :
Anonymous
(Querist) 21 June 2010
This query is : Resolved
Hello there,
My Friend's father has got 2 wives. His father, firstly married my friend's mother's elder sister. As they were not blessed with any baby initially, his father married my friends' mother. This way these 2 sisters are married to one man, i.e his father. This was happened in 1970s.
13 years back my friend's father and mother both have expired and his other mother (his mother's elder sister) is alive.
Can my friend approach court for getting his part of property that his father left.
Is he eligible for getting his father's property. His knowingly has written most of his properties on his both sons. i.e. my friend and his brother (son of the other mother).
Please help us. His living mother and brother both abused him and said they are not going to give him anything from his father's property.
Thanks in advance.
Gangaram.
Adv Archana Deshmukh
(Expert) 21 June 2010
Your friend have equal share in his father's self-acquired property. He can file a suit for partition for his share in it.
Daksh
(Expert) 22 June 2010
I concur with Ms.Archna Advocate.
Best Regards
Daksh
Querist :
Anonymous
(Querist) 22 June 2010
Thank you very much Archana and Daksh.
Everything they've is his father acquired property.
My friend is having, all together, 5 sisters and one Brother. Out of these sisters 4 got married and one can't. If the property has to be divided, how many partitions the court would do?
My friend has never expected that he'll be thrown out of his house when asked for his share. His other mother and her children have beaten him several times when he asked for his share.
Now All his father's properties are being enjoyed by his other mother children. They have everything and my friend has got nothing. He has recently got married and has no place to live with his wife.
We want to stop them from enjoying his father's property unless it is properly divided.
His father was well aware his other mother's cruelty and he wrote all his properties on his both sons names. But his brother (other mother's son) had plan and sold all the plots those were on his and my friend's name by behaving like a gentleman. My friend was innocent and thought that they'll give him his share for sure, signed on all these plots while selling them.
Now, his brother has got all the money they got after selling these plots ( around 40 lakhs). As my friend was the youngest to his father he doesn't know anything in detail about what his father has left, like cash and gold.
I want justice to my friend. I don't wanna let anything go undivided and enjoy only by his other mother's children.
Please advise us how to proceed for filing a suite against them. Even I can say my friend has got life threat from them.
