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Grandsons right in grandfathers property

(Querist) 28 March 2013 This query is : Resolved 
Grandfather died inteaste hving agri land leaving behindhis wife n 2 childrens as heir, n v r childrens of 1 of those son, n our father n mother got seperated by divorce in 2009 n ccustody is with mom, now our father intend 2 sell that property, so r v hv right n entitlef 2 claim in grandfathers property, if yes then under which provision n section, n which citation n v hv 2 file Suit 4 what
ajay sethi (Expert) 28 March 2013
no you have no right to claim in grand fathers property
R.Santha Moorthy (Expert) 29 March 2013
Yes i agree with Mr Ajay Sethi. Under Hindu Succession Act Sec.8, your father is class I legalheir of grand father. So he devolved his father's property as self acquired. So he can deal with the same any manner as he likes. Since your father and mother got separated, your mother can file a suit maintenance against father with a relief of charge decree against your father's share of immovable property. if you are minor, you can also join with your mother to claim maintenance. By that way for the time being you can stop selling of property to third party.
DHIRAJ CHANDRAKANT KUMBHAR (Querist) 29 March 2013
Sir, my father got married 2nd time during subsistence of 1st marriage, v r childrens of 1st wife,lateron he got divorced to our mom, n custody of 3 childs were given 2 mom n 1 to father now as our father has expired, so that illegitimate wife has filed application alongwith maintainence app under domestic voilence 2005 against 1st wife childrens, sec 5 sec 11 of HMA 1955 speaks d marriage void, so my request is under which provision n citation that application deserves to be rejected of that 2nd wife n r v underobligation to maintain her
ajay sethi (Expert) 29 March 2013
if your fahther remarried after divorcing your mother the marriage is perfectly legal . you have not mentioned whether your step mother is working or a housewife? whether she has any sources of income? any children of her own who are working?
DHIRAJ CHANDRAKANT KUMBHAR (Querist) 30 March 2013
Sir without getting divorce from 1st wife my father got second marriage thats d issue n v r childrens of 1st wife so hw can that 2nd wife claim n maintenance n shelter 4m us when dat 2nd marriage itself is void u/s 5 n 11 of hindu marriage act 1955, so which citation n provision is aplicable 4 us.
ajay sethi (Expert) 30 March 2013
second marriage would be illegal . refuse to pay her maintenance . mention aforesaid facts before court that second marriage was contracted during subsistence of first marriage . howver she can claim maintenance from her husband .
ajay sethi (Expert) 30 March 2013
HC opens maintenance door to 'second wife'
Shibu Thomas, TNN Apr 28, 2010, 03.55am IST

MUMBAI: A second wife has to battle not just stigma but also her "illegal" status under Indian laws. If the relationship sours, the laws say she has no right to a maintenance from her polygamous husband nor a share in property (though the children from the wedlock have inheritance rights). But the Bombay High Court, in a path-breaking ruling, has opened a small door for such women.

Justice A B Chaudhari has said second wives could approach courts under the Domestic Violence Act. The judge asked a Nagpur-based 45-year-old housewife, Manda Thaore, to move court under the 2005 law to seek maintenance, accommodation and other benefits from the man who married her 27 years ago.
Raj Kumar Makkad (Expert) 30 March 2013
Nothing to add more as you have already been well advised.


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