muralidharan (designer) 24 October 2011

First wife son claim?

first wife divorced..fathers first wife son after geting job left the home and did not bear fathers medical and family expense till now.He has three sisters all married with fathers expense.now he claim a share from father demanding a house that is source of income as rent for us.

question>

1)is it possible for him to ask the court that the rent from our house to be paid to court untill the case is over

(property in my mothers name)

2)he threatens that there will be vaida for all three of us in different dates and that we have to spend and travel a lot?

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5 Replies

kumar t v s (advocate) 24 October 2011

property in your mothers name.

your step brother cannot claim the house or rent.

Even if he ventures to file a case it will be civil in nature and your advocate will appear on various dates and your presence will be only at the stage of evidence.

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muralidharan (designer) 25 October 2011

thanks for the reply on second question he cant claim ok i goit .

but he has sent a legal notice asking for a reply with in 30 days and he said he would register it in court and case would start.

since he cant CLAIM as u said and he cant WIN ......... IS IT POSSIBLE to start the case and ask court to pay our rent to court ( in wat ever way that we cant enjoy the profits or the house itself).

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 25 October 2011

yeah he can file a case in court, however, you have to issue a strong reply to him stating that he is not having any claim stating that the property is your mother's self acquired property. if you say that it is ur fathers property then he will get the share along with his sisters

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muralidharan (designer) 25 October 2011

its not mother's self acquired property,but the house is in the name of my mother given by my father .can he claim the house stating that it was given by his father?