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Kumara Swamy AC (IT Analyst)     27 November 2010

Share on the EX father property

One Lady Ningamma and got marry with Motappa after a girl baby name called Geetha they got separated due to some other reason. After that both got married with separate and separate now the Geetha can claim share of his ex father ancestral property? but that property already sold to some one again it purchased by Ex father second wife on that time the Ningamma did not make any sign before he sold they were separated but there is no any divorce or any thing, as per my knowledge she had her (ningamma) right on  that property, and one thing here to notice is second wife before marriage with motappa she told him sale that property to her father and then again she has taken that same property showing that she has purchased that property for 1000 Rs, from her father!!! they have done this kind of activity so that first wife could not get the share on his husband Motappa property.. what steps need to do by Geetha to get the share on her ex father property or what steps need to do by her mother (first wife) Ningamma to get property share.

 

Please let us know

1 how can I put case on property  ?

2 Which is relevant section or law says related to this case ?

I hope any one will help me out ..

 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 November 2010


If there is no divorce Geetha can claim her share in the ancestral property along with her mother, for this suit for partition and seperation will have to be filed.

You have said in your question that Ningamma seperted and got married to another person, in such cases ningamma is not entittle to claim any share, but geeta can claim her share in the ancestral property, because she is born to ex-father.  She has to file case and she must aver that sale is not binding on me.

Kumara Swamy AC (IT Analyst)     27 November 2010

Dear Rajeev,

 

could not understand the only one sentance that is below , could you explain please..

" she must aver that sale is not binding on me."


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