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manendra (student)     22 July 2011

plzz help 2 marriages of my father property case


my father died in 1988...no will left behind

my grand father died in 1998.. will executed in 1983 in favour of my father

my grabd mother died


my fathers first wife was nirmala. After marriage my father came to know that Nirmala has no female reproductive organs  like v**gina,fallopean tube, uterus. so her vagino plasty took place after marriage in hospital. Nirmala is a relative of my mother , she begged my mother to get married to my father.Marriage took place between my father and my mother and i was born in 1986.My father died when i was 2 years old.we had no contact with nirmala from past like 28-29 years. she is living in her parental house as she has no brother only 2 sisters so she is having good amount of property.

now all of a sudden she has filed a suit for partition askin 1/3 share

she agreed that marriage between my father and my mother took place with her consent

there was no written divorce between nirmala and my father only mutual divorce toook place

we are having possesion of the property as she never came to us


thnxx..for ur replies  m stuck with huge problem may god get us out of this situation



Learning

 4 Replies

nithyarangasamy (legal trainee)     23 July 2011

Sr,

since Nirmala is the first wife and your father and she not divorced she had right to get her share.

SACHIN AGARWAL (ADVOCATE)     24 July 2011

Nirmala Ji can get her share in properties left by your father.

AKSHANSH SINGHAL (Lawyer)     29 July 2011

the first wife and your mother together will get one share of property and you will get one share of property. if u have step brother or sister they will get one share of property...Since she was never divorced therefore she had legal right to claim the property in the share of your father. There are various Authorities available. 

Secodly, Look for a good advocate to go ahead in the matter.

Cheers..

Mahadeva Rao G (ADVOCATE)     29 July 2011

Its  a  tricky situation.

U r grand father  executed  a will in the year 1983 in favour of  your  father  who  died  in 1988 before  the  WILL  became operative.   The  WILL  is  not operative as your grand father  died  in the year 1998.    If  there is no  subsequent  WILL  by  your Grand father  regarding his  property   then  his  wife ( Your Grand mother),   any  other  siblings of your  father  i.,e,  his  brothers and sisters  will  have right  on  the  property of your  Grand father. 

Next  it is your  father's  Share in  your  grand father  property  and  your  fathers  self acquired property  if  any   will   be  divided  among  all  other  legal heirs  including  your  fathers  first wife since  there is absence of  WILL  from  your  father  to that  extent.     But  I  can  see  some  hope  in  your  statement  i.e,   There was  a consent from  your  fathers  first wife  for  the second marriage  i.e,  with your  mother,  and  on mutually  seperated   terms,   she is staying  seperately  from your family  for almost  28 years  and   she  is  rich as well.      If  u can  give  me  more  details  about  the  property in question  and  the place  and  status  of  possession  as  of  now.     I  guess  we  can  think  about  a good  case  in  your  side,

U can revert  back  to me  on sohan1912@rediffmail.com or on 9845285555 at BANGALORE.

Warm Regards,

Mahadeva Rao G,   ADVOCATE, 9845285555,   Bangalore.


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