Need urgent help for LAND & FAMILY dispute


Hi Sir/Madam,

This is about a land dispute between my step-brother & me.

 

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:        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. 

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:        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:        How can I get the possession of my house (the house is in the name of my dad)?

Q:        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.

 

Anticipating your kind reply,

Warm Regards,

MannieV

 
Reply   
 
Advocate

The marriage is not valid one under eye of law.

1.  you file a partition suit in the comptent civil court along with your sisters against the said person and you have clear stated in Suit and you have to take entire list of properties and you have file the partition suit


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Reply   
 


Advisory/Advocacy

 

 

Q. Where is the question of validity when there was no marriage at all....

 

 

Q. If every thing is registered in your name then you are the owner of the property....

 

 

 

Well every right arising to your step family should hold no value in the light of no marriage....and why do you call it a marriage when it was no marriage at all.....

 

 

 

As you said that the jewellry belonged to your so called step mother, she could take it.....

 

 

 

Dont worry....your case needs strategic approach...Find a good lawyer VIA reference who will take care of the eviction and rest of the matter.....

 

 

 

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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Reply   
 

1. if you can proove that she had marriage to ur father without giving divorce to her husband then this marriage is void marriage.

 

2.as you stated in your query that there is no born daughter and son from ur father and step mother so they are not legally heirs of your fathers property so they cant claim anything however they are legal heirs to her mothers property , you have to file a simple suit for declaration as legal heir of your father and title of the property he owned.feel free to call for detailed advise.


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Reply   
 

Hi Thakur,


Thanx for ur kind & quick reply.

My main problem is now with a local leader and the local police station.  With the influence of the local congress (chota) leader, the police are trying to settle the matter for one side.  They are threatening me to accept for giving the land, house, and the belongings of my father, etc., to my step-brother.  Each and every time, the local congress leader is interfering in my case with some personal grudges.

Now can u plz tell me,

1. How to control the local congress leader and the police legally?

2. Can I take the help of press & electronic media? How?

 
Reply   
 
legalquestadvisor@gmail.com

Dear Mannie,

Basically you have failed to state from which part of india the properties located, you have also failed to state whether there are any evidences to show that you step mother is not really divorced and she was earlier married to some other person.

Further to answer other several questions, the evidence plays a vital role, so please approach a local advocate to avoid local politics?


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Reply   
 
legalquestadvisor@gmail.com

If really local police are involving in your matter, file a complaint with the Superintendent of Police of your area stating that the police are trying to interfere in civil matters.


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Reply   
 

Hi KSANR garu,

thank you very much for your reply sir.

 

The location of the land is in the state of Andhrapradesh, Warangal District, Mulug Mandal.

Yes sir, I got the evidence that she didn't take any divorce from her first husband.  Her first husband's relatives will stand for the evidence.

 

Regards,

MannieV

 
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