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bln11111111 (vvvvvvvvv)     07 July 2011

Can i get a share from my Father property

Hi my dad ( alive ) has deserted my mom who is his legal wife.  He has married my step mom without divorcing my mom.  He had registered all his property and bank accounts in the name of my step mom and her chidren who are born from them both.  Is there anyway that my mom who is the legal wife get any share in this property..

FYI - All my Step mom properties and documents say that my dad is her husband and we are all Hindus by religion.



Learning

 8 Replies


(Guest)

Hello bin one thing i want to clear to u is that u are the only rightful heir of our father's property. Your father's marriage according to law is null and void because he have not given divorce to your mother and hindu marriage act 1955 permits only monogamy so 2nd2 marriage is void. You have to knock the door of court of law. You will surely get justice.


(Guest)

As far as distribution of property is concerned, property will divided into persons i.e u and ur father. The children of second wife are have no right in property but ur father have to maintain them also.

Poornima D (Lawyer)     07 July 2011

Dear client, under hindu law, second marriage is not recognised, however son born out of such void marriage is a legal heir for the purposes of getting share in the property of your father. Otherwise your step mom does not have any legal right over your father's property.

One more pertinent question which needs to be answered from is whether your father's property is self aquired or ancestral property. If it is latter then only above law is applicable. Whereas in the former case, your father has a right to dispose of or transfer the property to any one he wishes.

Naveen Kumar (service)     07 July 2011

Yes, i agree with Mrs.Poornima.  The question of property depends on whether it is self acquired or ancestral.  If in case of self acquired your father has all the rights to transfer, sell his property.  In your case your father has not divorced your mother and transfered all properts to his second wife.  Your father's second wife children has all rights to claim the property even their mother is not married legally with your father.  So it's better approach him directly to execute the will or partition or your mother can approach the court for maintenance and also she can claim under D.V Act.

bln11111111 (vvvvvvvvv)     09 July 2011

my father is not willing to give property share for me and my mom.  can you tell me how can we proceed.

bln11111111 (vvvvvvvvv)     09 July 2011

Please tell me how a legitamate son ( me ) file a partition suit for my dad property..which is now in my step mom name.  we are hindus and my dad had not divorced my mom....

Naveen Kumar (service)     11 July 2011

If your father is not willing to give property share, then Your mother can approach family court for maintenance and also she can file a complaint under D.V Act.  You cannot file a suit for partition during the lifetime of your father, if it's ancestral property then you can approach.

Mahadeva Rao G (ADVOCATE)     22 July 2011

Hello  Bin.    the  experts   Ms. Poornima D  and  Mr. Naveen  Kumar . J  above  have  guided  you most  appropriately.      Concentrate   and understand  their  reply.   Once u  know about  whether  the  property in question  is  your  father's  self  earned   or  it is   ancestral  automatically  u r status is  decided whether u have any rights on the property  or not.    Instead   u r beating the bush.   Be specific  and provide precise  details  the experts  ask  you for, so that  u can  get  u r answers  right.            Also u  dont  have  any  locus  standi  to  file  a case  against  u r father.  Only  your  mother  has  right  to  send   u r father  behind  bars.    Which  is also too  late  now.      Tell your mother  to  file a  case AGAINST  U R FATHER   atleast now  claiming  that  she was unaware of  the  2nd marriage  till  now  and only  recently  she  got  to know  about  the  second  wife, .       Also  with due  respect  to Ms. Shally    regarding  -- "  The children of second wife are have no right in property but ur father have to maintain them also.  only  u r the only rightful heir  "   is  not  correct.       If  a  man  produces  10 children  from 10  different   wives then  only  the 1st  Wife  will  be  the  Legally  Wedded  wife.   For  rest  of the  children  is  concerned   even  they  are  LEGAL  HEIRS  without  any  doubt.    Because   the  relationships  can  be  illegal  but  CHILDRENS  CANNOT  BE  ILLEGAL,   there is  nothing  called  ILLEGAL  CHILDRENiin the  dictionary  of  Law.     The  fun  of  law  is  Man  should  not  marry  for  the  second  time  unless  there  is  a consent  from  1st wife  or  during  the  survival of  the  1st wife,    but    there is  no  restriction  to  Man   having   any  number  of  girl friends  and  produce  any  number of  childrens  he  want. 

U  can  revert  back  to me  on 9845285555

Good Luck  and  Warm  Regards.

Mahadeva  Rao G ,  9845285555, ADVOCATE,   BANGALORE.


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