Suri Kam singh (none) 21 April 2012

Property matter

I live in a big house which was purchased by me and my brothers in 1977, since we were sailors, we did the paperwork in name of our father, dad expired in 2 years, other brother did not want to stay with me so he took his payment and went to new home, 1 brother2 sisters and mother gave affidavit to transfer share certificate to my name, which was done. payment was only registered in brothers affidavit.

I got divorcedby my wife in mutual consent basis, I remarried at a home ceremony by a Gurudwara bhai and a marriage certificate was issued by Bhaijee,but marriage could not be registered because this new lady had no legal papers of her marriage,Thus later on I found out that the lady I got married to has not divorced her ex husband legally( her paper with her was on 25 rs stamp paper, signed by husband,wife,2 witnesses and notary) This lady seems to aggressive for propety, can she usurp my property if she A0 goes to court to divorce me B) after my death?? ( I have a daughters and son from previous wife. and both are married.

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kitesh singh (student) 21 April 2012

hello sir,

i am from nashik ,my mother has one sister &one brother (2sister &1 brother),gradfather &grandmother both r alive.grandfather transfered/signed his two land (6 acers & 20 acers/ancestor property both)on his sons name 10 years back.

both sisters(including my mother) r married before 1980.

now my mothers brother sold 6 acrs (3 acres before 2005 & 3after 2005 ) & owned new land on his name.

i want to know

a} is there have any share of my mother in both the land i.e.; sold(15 acres) & unsold(20 acres)?

b} can we claim on sold land ? if so then what will we get - land or Rs according to agrement value?

c} i heard frm somewhere if we dont claim for 10 yrs , daughters dont have rights to claim,is it true?time period matters in such case?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 April 2012

Mr.Singh,

It would be in your best interests to file a complaint case for bigamy against her. She has committed an offence u/s 494/495 IPC.

Can't comment conclusively as to whether her CUSTOMARY divorce is valid or not, (it would have to be seen whether the community to which the girl belongs - has a custom which allows such dissolution) However we presume it does not, and even if it does - it still needs to have the stamp of approval of court. Hence the marriage is void and she has no rights whatsoever on your property.

She may by try to seek maintenance u/s 25 HMA/DV Act, and that is where the bigamy proceedings would help you greatly.

Hope you are enlightened now !