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Prasim_rpg (self)     22 April 2012

Property matter claim from second wifes elder brother.

 

Hi all, This is a wonderful forum. Thanks to all those people who are moderating and contributing to this wonderful forum.

 

Here is our situation on which I wish to get legal advice:

 

Situation:

 

My father was married to mother and had 3 children (myself and 2 sisters and all children married and settled now). My father divorced my mother after all the children were born but has stayed with my mother and children throughout. As children we never knew that this incedent of the divorce had happened. Later on after our marriages my mother has revieled this matter once we came to know that my father is married to the second wife.

 

My father used to travel on work to another place where he had a relationship with another women and married her when we children of the first wife were 20+ years old. We dont have any proof and dates about of the marriage but we have got to know the truth and everything has been revieled now from authentic sources.

 

We got authentic information that the second wife has passed away of cancer a few years ago. My father did not have any issues/children with his second wife. My father had invested in land and property in another place which was all in the name of the second wife. Now this place and land/property has all been taken over by the brother of the second wife. His brother is coming in our lifes and threating and harrassing us at the place where we stay, though we have not bothered to claim the property or so. He is comes into our home and abused my mother though she is the first wife with foul language during the absence of the children. Now that he has initiated this we are in a dilema as what to do ? I have realized that we have not done anything wrong to him or the second wife, it was a decision of my father to stay withthe first wife though he had divorced her.

 

I also feel that we should not keep quite to such harassment as it may lead to further invitations for more such incidents, but I am helpless in this situation as I want to ensure safety of my mother and our self-earned property. I have brought a house/property in the name of my mother for which my father has not contributed anything though he stayed with us most of the time.

 

Here are my questions:

 

Q: As my father did not have any children with the second wife (but has made property in the name of the second wife) then who would be inheriting the self earned property ? I know that there has been no will done either by my father or his second wife in the name of the brother.

Q: Can the brother of the second wife have any claim on the property which was earned by me and have registered in the name of my mother ?

Q: How do I obtain a marriage registration certificate of my father marrying the second wife ? Can this be obtained from the sub-registrar where he has registered the marriage ?

Q: Is the brother of the second wife of my father entitled to the self-earned property  of my mother or myself ?

 

Thanks in advance for any suggestions and help.

 

 

Regards,

Prakash

 

 



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 April 2012

The brother of the second wife of your father is not entitled to any of the self-earned property  of you or your mother.

Prasim_rpg (self)     22 April 2012

Thank you for the response. Kindly provide an answer to my other questions. 

Prasim_rpg (self)     27 April 2012

Any other resposes would be greatly appreciated.


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