Respected Sir / Madam
I am a adult of 39 years. My father and mother had divorced approx. 23 years back on mutual consent. Post the divorce, my father had remarried. However, neither there are any off-springs from the 2nd marriage nor the 2nd wife alive today (guess she expired 8-10 years back).
My grandfather (father's - father) had also married twice. While my father is the son from his 1st wife, he also has off-springs from his 2nd wife.
For the last 2 years, me and my father have been in touch over phone and sometimes on visit.
Recently, I lost my father (on Nov' 17' 2013). I had performed the last funeral rites of my father according to our customs.
My father had a property (Flat) in Chennai. The flat is registered in his name. He hasn't made any Will to indicate the allotment of flat post his demise. Now, his foster brother's are interested in selling the property and hence are staking claim to the property (flat). Their argument is that since my parents were divorced, we do not have rights to the said property.
Request your kind clarifications on:
a. is it that since our parents were divorced, we are not the legal heirs of the property?
b. Would the deal be honored in court of law, if we are not signatory to the sale agreement?
What legal recourse do we have in the said matter. Please guide.
Regards
Ganesh
