Second wife vs legal heir


Dear Sir, My father was a government employee. Myself the first wife's son. To first wife me and my sister are children. My Father taken divorce with my mother in 1997 and married second wife. She already have a child aged 16 years at the time of marriage with my father. She already married to one person without taking divorce from first husband she  married my father. Recently I came to know that my fathers hard earned property is in her name. Now who is the legal heir to my fathers property. Is second wife's son eligible to my fathers property. How can I get property back.

 
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advocate

If it is your father's self acquired property, he can give it to anyone by will or gift including his second wife, eventhough she was not legally divorced with her first husband or her son, who has not been sired by him.


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Dear Prabhakar Ji,

 

Thanks for your quick reply. As per your answer first wifes chidren has no rights on that property. Pension is also taking by second wife. children are barehandedly on road now. Is there any loopholes to claim legally

 
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ADVOCATE

you are the only legal heirs and the second wife is punishable under bigamy IPC. You need to file suit for partition if there is some apprehension of influence by second wife on your father to take away his property.


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advocate

Your query shows that your father is still alive.   Then he is entitled to his pension.  Once it is drawn, he can spend it himself or give it to anyone he likes including that lady, who according to you is not legally wedded wife.  Next, you are telling that property is on her name.  If money went into that property is your father's self acquired property, partition suit does not lie.  Partition suits will be filed only in the case of ancestral properties or intestate properties.  Intestate properties are those properties, the owner does not give them to anyone by way of will and in such properties, second wife or her son, sired by someone else does not have right.  But in your case, the properties are your father's self acquired properties and the titles are lying with that woman.  If that is the case, the partition suit does not lie.

 
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Prabhakar Ji,

 

My father is died in 2001. Pension and rents is taking by second wife. First wifes children me and my sister asking for our share now. She is not giving.

 
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If father is earned his own that is called self acquired property, So he has right to give any one. If it is ancestral property means earned by your grand father, you can claim.
 
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legal advisor

in your case your father had legally divorced your mother.so you cant claim your fathers pension though the one who is getting the benefits is not a legally wedded person to a father as she hasnt got divorce from her earlier marriage

 
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LEGAL CONSULTANT

Rightly assesed and replied by the above legal experts.

 
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FIN

The experts have explained.

 

The female is not legally wedded to your father and her son is not sired by your father and seemingly has not been adopted by your father by a valid deed.

If your father has died but has not left any WILL in favor of the female and her son Or has not transferred the property in their name by a valid and legal and registered deed then you have a claim being ClassI legal heirs of your father.

 

You may pursue the pension rules of the establishment that is disbursing pension.

The family for nomination and disbursement of pension is clearly defined in the pension rules.

It is surprising how the female is getting pension.

Find out from the office that has processed the pension claim or that is disbursing pension OR even if you have to pursue thru RTI.

 
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