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Rajesh Peethala (Business)     16 June 2010

Grand Father Property

Hi,

My Father has second wife, she has 2 sons and 2 daughters and my mother is first wife having me and one daughter. there is no legal document about the second marrige. in fact, Before my father, the second wife has already got married and have got one son under him. after he (Second wife first husband) died, she used to live with my father.

My father died on 1998 at second wife house. My Grand Father brought the body to my house. Second wife objected for settlement and my grand father agreed for that and creamated my father body as per our religion (Hindu). My Father is working at Visakhapatnam Port Trust (VPT)

Settlement:

My grand father has three properties. two his owned himself and one from ancestors. he registered one self owned property half to my sister (my father also signed) and half to me before my fathers death i,e on 1994.My grand father is also worked in  VPT. he wrote an agreement that one of his self owned property will be divided into three and two for second wife children and one for me thinking that we will take care of him in his last days. this is done after 5 days of my father funeral. but as day passed on we only used to see him like taking to hospital etc eventhough he is not living with us. My Grand father got frustrated about second wife childrens and he registered the remainging two (one self owned property which he agreed to give two shares to second wife children and one ancestors to me on 2005 and 2004 respectivly. all the municipal taxes, water bills are relecting my name. my grand father died on 2008.

now if second wife children files a suit in court. what are the chances of thier suit.

please suggest and advice.



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 June 2010

If there was no valid marriage between your father and his 2nd wife, then the children born shall be considered as illegitimate and they shall have right in the self-acquired property of their father. They cannot claim any right over the ancestral property. Your grandfather can validly transfer his properties to you excluding the children of your father's 2nd wife. Don't worry, you are safe.

Rajesh Peethala (Business)     17 June 2010

my mother, me, my sister and my grand father wrote an agreement saying that she is my father second wife and the children are second wife children. what will happen in this case.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     17 June 2010

sir,

statue can't be over ruled mere by an individual agreement.

Rajesh Peethala (Business)     17 June 2010

you mean to say eventhough we wrote an agreement, there is no way to consider once my grand father wrote all his property (2 self owned and 1 ancestors) in my name.

if they files a suit in court how much time it will take to get a judgement in one court. is there any chance for second wife and their children to get a stay order on rents (right now i am taking all the rents) now  or in future. please suggest.

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     17 June 2010

sir,

illegitamate child will not have right on ancestral property..by will nly that to if it is a self acquaired propety they will get right.

regarding taking time in the court is all up on ur intrest and following up with ur advocate

if u shows intrest on ur case it will be disposed of early.

Rajesh Peethala (Business)     17 June 2010

My grand father gift registered all his property (2 self owned and 1 ancestors). will they have chance in winning the case. all the taxes, electricity bills are in my name since 2004. now my grand father is died.pls advice

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     17 June 2010

Mr.RAJESH

IF YOUR CASE FACTS/PLEDINGS IS AS PER YOUR QUERY YOU HAVE FAIR CHANCES OF WINNING CASE.

MAY I KNOW THEIR CONTENTION BEFORE THE COURT.

YOU ALREADY ENGAGED AN LAWER HE LL DO THE BEST FOR U ALL THE BEST

REGARDS

SRIKANTH

Rajesh Peethala (Business)     17 June 2010

They are saying that all the property is my grand fathers ancestors property (Actually two are my grand father self owned property and one ancestors) and my grand father is mentally ill before 4-5 yrs when he died. if any registration is done before that is not valid, as the property is ancestorts property, they have also right i,e they want 4/6 share of all the property. they also submitted a copy of agreement my grand father wrote to them after my father died. as i wrote earlier that he will give 2/3rd of one of his wwn property to them. but later he gift registered to me. This is the case they filed....

Rajesh Peethala (Business)     21 June 2010

Any update?


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