About my mom and father
Querist :
Anonymous
(Querist) 02 May 2018
This query is : Resolved
Hello i have to ask something my father is married with my mom in 1979 and my mom is first wife of my father but my father have affair with another lady also we are onr brother and sister in 2001 my father married to that second lady in without gave divorce to my mom which we dont know we thought she is living just like that with my father in another house but know in 2017 my father is died in december and after that that second lady starting greedyness and asking for the legal rights in property she is asking to share in property and giving trouble to us pls suggest anynone is she have rights we dont know b4 that she is married to my father but know she is telling to everyone that we got married i have photos and certificates but how it is possible that she is married with my father if my mom not gave a divorce to.my father in whole life she is giving so much trouble to us she dont have any cgild pls give any suggestion anybone pls
Querist :
Anonymous
(Querist) 02 May 2018
Hello i have to ask something my father is married with my mom in 1979 and my mom is first wife of my father but my father have affair with another lady also we are onr brother and sister in 2001 my father married to that second lady in without gave divorce to my mom which we dont know we thought she is living just like that with my father in another house but know in 2017 my father is died in december and after that that second lady starting greedyness and asking for the legal rights in property she is asking to share in property and giving trouble to us pls suggest anynone is she have rights we dont know b4 that she is married to my father but know she is telling to everyone that we got married i have photos and certificates but how it is possible that she is married with my father if my mom not gave a divorce to.my father in whole life she is giving so much trouble to us she dont have any cgild pls give any suggestion anybone pls
R.Ramachandran
(Expert) 02 May 2018
1. That second lady has no right to claim any share from your father's property, UNLESS your father had given any WILL / GIFT in her favour.
Kumar Doab
(Expert) 02 May 2018
Which personal law applies in your case or are you all Hindu?
Was your father’s marriage with your mother solemnized as per provisions of personal law that applies and/or customs of community? Is marriage certificate available?
Was the said marriage with 2nd lady solemnized as per provisions of personal law that applies and/or customs of community? Is marriage certificate available?
Did your father marry 2nd lady under Special Marriage Act?
Is there any child from 2nd marriage of your father?
The property of your father is self earned/acquired, ancestral?
How the 2nd lady has demanded a share in your father’s property; verbally, thru common friends, members of society………………..police or thru court of law?
Has your father signed any valid/registered WILL, gift, settlement deed etc…? If yes, has any such deed surfaced?
Confirm!
Kumar Doab
(Expert) 02 May 2018
Have you consulted your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and discussed in person, by showing all inputs/docs and if yes what is the opinion of your own LOCAL counsel..!
Pls post your query with your ID and not as AQ , and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
rajeev sharma
(Expert) 03 May 2018
Young lady marriage and divorce are subject of the personal law applicable to the parties. We are giving reply presuming that you are a Hindu. No Hindu man may marry second time unless he has obtained legal divorce from a court.Since you say that your mother never divorced your father hence the second wife is illegal one and has no share in the property of deceased father irrespective of fact that she might be having proof of marriage.with your father. From the facts posted by you it appears that the lady is just blackmailing you and has not put any claim through any court. So don't panic.Resist her with the help of your family friends and relatives . If any legal aactio is brought by her consult a good civil lawyer.
T. Kalaiselvan, Advocate
(Expert) 03 May 2018
The subsequent marriage even if legally married shall not be valid while there is a subsisting marriage, hence she will be considered as concubine only and not a legally wedded wife, therefore she cannot claim any rights in the property. Let she approach court of law for relief and remedy which is not in sight.
Kumar Doab
(Expert) 04 May 2018
You may carefully note that Mr. Rajeev has made IT clear that view expressed are believing that all involved are Hindu..
