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Rajesh Peethala (Business)     16 June 2010

please advince

Hi,

My Father has second wife, she has 2 sons and 2 daughters and my mother is first wife having me and one daughter. there is no legal document about the second marrige. in fact, Before my father, the second wife has already got married and have got one son under him. after he (Second wife first husband) died, she used to live with my father.

My father died on 1998 at second wife house. My Grand Father brought the body to my house. Second wife objected for settlement and my grand father agreed for that and creamated my father body as per our religion (Hindu). My Father is working at Visakhapatnam Port Trust (VPT)

Settlement:

My grand father has three properties. two his owned himself and one from ancestors. he registered one self owned property half to my sister (my father also signed) and half to me before my fathers death i,e on 1994.My grand father is also worked in  VPT. he wrote an agreement that one of his self owned property will be divided into three and two for second wife children and one for me thinking that we will take care of him in his last days. this is done after 5 days of my father funeral. but as day passed on we only used to see him like taking to hospital etc eventhough he is not living with us. My Grand father got frustrated about second wife childrens and he registered the remainging two (one self owned property which he agreed to give two shares to second wife children and one ancestors to me on 2005 and 2004 respectivly. all the municipal taxes, water bills are relecting my name. my grand father died on 2008.

now if second wife children files a suit in court. what are the chances of thier suit.

please suggest and advice.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 June 2010

If there was no valid marriage between your father and his 2nd wife, then the children born shall be considered as illegitimate and they shall have right in the self-acquired property of their father. They cannot claim any right over the ancestral property. Your grandfather can validly transfer his properties to you excluding the children of your father's 2nd wife. Don't worry.

Rajesh Peethala (Business)     17 June 2010

my mother, me, my sister and my grand father wrote an agreement saying that she is my father second wife and the children are second wife children. what will happen in this case.


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