Share of first wife in husband's(ex-serviceman) pension
Sujata
(Querist) 06 May 2012
This query is : Resolved
Hi,
I am a daughter of ex-serviceman. I am 27 yr old working in a private company and married. My father is a ex-serviceman. I have a elder sister she is also married. My father has married to another woman without giving divorce to my mother and he is staying with that woman. They have a daughter of age 22 yr.
My father was giving some money to my mother for maintance(500-2000 rupees per month). 2 year back he undergone a paralysis attack and from that time we didn't get any money from my father. All the pension amount is being used by my father and that second woman and her daughter.
In army records my mother's name is there and my mother didn't gave divorce to my father.
So my question is how can we opt for my father's pension?
What will be the share of my mother in the pension amount? At present my father is getting about >20,000 per month.
Is there any way that we can get the all the arriar share amout also?
As my father has built the house(Costs 40-50 Lacs) for the second woman. House is in second woman's name. Can we get the share in that house?
Please suggest me the solution for my querries. How and where can I apply for the above.
Thanks,
Sujata
adv. rajeev ( rajoo )
(Expert) 06 May 2012
second marriage during the life time of the first wife is void, but during the life time of the father you cannot claim share in the pension and in respect of the house you canot do anything. Your mother has to file maintenance petition claiming monthly maintenance for her self and for you, if you are not married.
ajay sethi
(Expert) 06 May 2012
your father is still alive . your father will only get pension . after his detah your mother being first wife will get pension .
your mother can move under Dv act for maintenaance , right to stay in shared household . contact a local lawyer .
Shonee Kapoor
(Expert) 07 May 2012
Your mother alone would be entitled for pension after the death of your father.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 09 May 2012
No Rajooji,
Mother has a right to stay in the house of the father as they are not divorced.Moreover he has a livein relationship with another woman,and bore a daughter.Whatever it suggestion by Sethiji is correct.
Sujata
(Querist) 31 May 2012
Thank you all.. for your replies..
Sujata
(Querist) 31 July 2012
I have one more question.
The house(40X60-3 floors-gave some 9 rooms on rent)which I mentioned in my earlier comments in which my father and his second wife and her daughter are staying is not registered in my father's name while purchasing the land itself he has purchased it in his second wife's name and built a house there. She was not earning and she was not having any source of income to purchase that but while purchasing they have mentioned it as pitrarjit(ancestry) property. But in reality that property didn't came to here as ancestry property as she has 3 brothers and 6 sisters and her ancestors are not from our place and they don't have property here.Even my mother also belongs to the same family which she belong and her father is my mother's elder brother.
Is there any way that my mother can get half part of that house? What we need to do?
Can my mother get half of the pension amount which my father is getting?
Also my father has a leased shop.He took land on lease and built some shops there and earning good amount of money. Can we get the share in that?
My father in total has 2 wives and 3 daughters(2 from first wife and 1 from second wife). First wife's daughters are married and second wife's daughter is studying(age 23).
My father was having some crop land which was an ancestry property and sold it some 40 years back. He also have a 8X50 house in which we are staying but the house is registered in my father's name.
So I need your suggestions with respect to what amount of share my mother can get and what amount of share me and my sister can get in all the above mentioned properties(
1.House(40X60) in which father and second wife and her daughter are staying-registered in second wife's name.
2.Father's pension.
3.House(8X50) in which my mother is staying-registered in my father's name-ancestry property.
4.Shops which are purchased on lease.) if we put case on my father,his second wife and her daughter?
And what cases we can put on them and what is the chance of success.
Please suggest with your comments.
Thanks....
