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SONAM..... (postgraduate)     15 April 2017

about my father's second marrige and divorce

my mother is no more with us from last six years. My brother isn't well from last three years. i am working away from my home. My father was needed a person to be his support in his life so he got married to a widow lady last year in july 2016. after marrige also that lady didn't came to my home with my father. utill then my father supported her in her finance. in this January 2017 we braught her home along with her 15 year old daughter with all ceremonies. But that lady doesn't do any household work. her daughter and my cousin is taking care of everything at home. Now that lady is threatning my father , abusing him and made him sick physically. she is just using him. it has been only 3 months together. 

if we look for divorce, is she aligible for property share and maintainance. she is working and having enough economy for her. 



Learning

 18 Replies

Kumar Doab (FIN)     15 April 2017

It is believed that you are all Hindu.

Confirm.

 

 

Kumar Doab (FIN)     15 April 2017

Wife has NO forced share in self acquired estate/property of husband.

Wife is not a co-parcener in ancestral property of husband.

So your father can dispose his estate in his life time by a valid/registered deed in anyone's favor.........................e.g; Gift/sale/settlement.....................WILL.

 

It is better to rgister the WILL.

 

 

 

 

1 Like

Kumar Doab (FIN)     15 April 2017

If you also deem it fit get the old aged father examined from a specialist doctor ( preferably Psychiatrist from govt hospital) to certify that is mentally sound to sign on any deed and keep unshakable witnesses.

 

Kumar Doab (FIN)     15 April 2017

Generate irrefutable evidence of abuse, threat, cruelty/mental torture etc......................so as to establish the allegations or contentions posted by you.

While the matter is before court of law, decision on merits is pleasure of court of law. 

This is for all points in your post.

 

SONAM..... (postgraduate)     15 April 2017

yes we all hail from hindu brahmin family

Kumar Doab (FIN)     15 April 2017

One should avoid to jump into litigation.

If it is inevitable, then generate irrefutable evidence and  get the merits examined from local counsel of unshakable repute and integirty, specializing in concerned field of law e.g; Family Matters in your case.

Take time to find a very able counsel for you.

 

 

Kumar Doab (FIN)     15 April 2017

Litigation can be stressful, protracted, costly.

‚ÄčIf possible try to resolve the matter of behavioural issues of your step motgher, by counselling and intervention of elders and family members.

It is possible that she may amend.

Or atleast during this process you can build irrefutable evidence.

Choose your options wisely.

 

 

SONAM..... (postgraduate)     15 April 2017

Thank you so much for ur help...

she is having her 15 year daughter with her deceised husband. will she is eligible for the property share. 

we are haing another problem with that lady , she is spreading wrong and absurd informaton about my father in society, infact she is threatening my fathers using her own daughter. My father is very tensed. i will try to figure out the solution by talikng first, litigations are secondary obiosly.

Kumar Doab (FIN)     15 April 2017

Originally posted by : SONAM.....
Thank you so much for ur help...

she is having her 15 year daughter with her deceised husband. will she is eligible for the property share. 

we are haing another problem with that lady , she is spreading wrong and absurd informaton about my father in society, infact she is threatening my fathers using her own daughter. My father is very tensed. i will try to figure out the solution by talikng first, litigations are secondary obiosly.

 

The said daughrer is not fathered by your father.

Probbaly your father has not adopted her.

Generate irrefutable evidence of rumor, threats, disparaging comments etc etc........................everything.

The lady is not settled in your family for reasons known to you.

The anguish is vented outside the family for reasons known to you.

If a solution is possible, resolve the matter within family, and avoid washing dirty linen in public.

 

Kumar Doab (FIN)     15 April 2017

If your father deceases without disposing his estate/property in his life time by a valid deed, and if your step mother is alive as on date ofdeath of your father, then your step mother (being his legally wedded wife and a ClassI legal heir) is eligible for getting equal share. 

SONAM..... (postgraduate)     15 April 2017

if nothing went right thn after divorce will that lady be eligible for aluminee amount, as she is working lady.

Kumar Doab (FIN)     15 April 2017

Read 5th post from beginning,again.

1 Like

A walk alone (-)     15 April 2017

Do one thing whenever she threats your father make a video or audio recording of threats. After that if your father want to file divorce, he can file .these recording will help your father to prove his allegations. Collect evidence of her income and job also. If you prove court that she is working she won't get maintenance.

Kumar Doab (FIN)     15 April 2017

What exactly do you mean by:

“my mother is no more with us from last six years. 

Has she deceased?

If NO; the 2nd marriage during subsitence of 1st marriage is illegal.


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