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marriage certificate

Querist : Anonymous (Querist) 21 May 2011 This query is : Resolved 
my father and mother married in a temple in 1968 after 4-5 months she came to know that my father was already married my father died in 1982 and after his death my fathers 1 wife son used to look after the property now he not willing to give us our share in property.he has my problem is from where can i get my mothers marriage certificate and how will i get my share in my fathers property,pls advice
Advocate Sachdev Bishnoi (Expert) 21 May 2011
if you are the son of your father from the second wife then your mother will not get the share in the property of your father and only you, your brother or sister can file a suit for declaration in the court and you can prove the marriage of your father with your mother and your birth and you can take the help of DNA test in this regard
M/s. Y-not legal services (Expert) 22 May 2011
Yes. Am agree with mr.sachdev. Even though if your father married your mother after proper divorce his first wife mean your mother also can treated as a legal wife. Then you and your mother will share the property equally with the first wife and her childrens. Otherwise you are only entitled to get share from the property.
your mother is second wife of your father she will be not be a legally wedded wife hence she cannot claim her share in the property but all all the childrens bron to your father from the first wife and second wife that is your mother, all childrens sons and daughters have equal rights in the property of your father you can get your's share in the property by filing a suit for partion and separate possession in the civil court.

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