Hi Sir/Madam,
This is about a land dispute between my step-brother & me.
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I’ve 2 elder sisters & 2 younger sisters. All they’ve got married. I’m the only son to my parents. I’m not married.
In 1999- my mother expired.
In 2003- my dad married to another woman {by that time, she already had a married daughter and an unmarried major son. She did not take divorce from her x-husband.}. Her marriage with my dad was neither solemnized nor registered. We are not informed about that marriage in any manner. Since then, they were living in another village and were listed as couple in the ration card. She is a homemaker. My dad is a contractor.
Q:Â Â Â Â Â Â Â Is that marriage valid?
In 2006- my father carried out her son's marriage. Her son is living with his wife in a separate house, which was built by my father. Moreover, my father gave him a plot in the mandal town.
Q:       Can I contest for the share or absolute ownership of the plot? May I know the procedure for that?
In 2008- my dad bought a land of 3 acres and made the agreement papers for 2 acres in my name and another 1 acre in my dad’s name.Â
But there is a note in the agreement papers of 1 acre land of my dad that it would be shared to his second wife equally. It is my dad’s self-acquired property.
In 2012- unfortunately, both my dad and his second wife died in a short gap. She died first. After 4 days, my father died. Both were died intestate. Her cremation was done at the same place where they were living, but my father’s was done at our native village.
Before my dad hospitalized, he registered 3 acres (2acres of mine+1acre of my dad’s) of land in my name.
*Q:     My step-mother’s son (not borne to my dad) filed a petition in the local PS claiming that he would get a share in the property. Can he get the share legally? Who will be the legal heir of my dad’s property?
My step-mother’s daughter (not borne to my dad) took all the jewellery (given by my dad to her mother at the time of wedding) from her mother’s dead body without informing us. Also she managed to take some amount from the group chits (locally running chits) which was in her mother’s name, but in fact the EMIs were paid by my dad.
Q:       Who will be the rightful owner for that jewellery & chit’s amount? If she is not, how can I get them from her legally? Shall my sisters or I file a case against her?
My dad insured 2,00,000/- on her name in LIC. (my dad as nominee).
Q:Â Â Â Â Â Â Â Who will be the beneficiary of her LIC amount which was actually paid by my dad and the nominee as well?
After 11 days rites, her son took the possession of my dad’s house (the house is registered after my dad’s name in grampanchayat). He kept lock to that house and went to his own house without informing us and without handing over that house to me.
*The house in which my dad & step-mom were living is actually built in my 2 acres land.
Q:Â Â Â Â Â Â Â How can I get the possession of my house (the house is in the name of my dad)?
Q:Â Â Â Â Â Â Â Who will be the legal heir of the belongings (furniture, TV, household items, etc.) in the house?
* The original agreement papers of the land were missing. (I guess she took the papers with her.). But fortunately, the land was registered in my name.
Q:       How can I get the original agreement papers from them? Can I file a case against them?
Please provide me the best solution for all these issues.
Thanks a lot for your valuable time & suggestions.
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Anticipating your kind reply,
Warm Regards,
MannieV