About the property named by step mother
Gopal bhagat
(Querist) 13 May 2017
This query is : Resolved
My father had two wife .his first wife has no child due to these my father had married to another women that's my mom in the view of that his property get secured but in past my father bought all the property on the name of my step mother .and in 2007 my father had died and the age of my step mother is near 80 years and she had little mentality problem due to these the other member of my family want register all that property which was in the named of my step mother.so what can I do to stop these illegal behavior of other person
Guest
(Expert) 13 May 2017
If at all the Property is in your Father's Name you could have the Rights But in the Property of his First Wife which is Registered Exclusively in her Name irrespective of who paid for its Purchase She Would be the absolute Owner and she could Decide what to do with it and you can not make any Legal Claims Or any Restrictions.Better Sort it out with her by humble request On saying Please
Kumar Doab
(Expert) 13 May 2017
You are his son, so why do you feel the need to request anyone?
Kumar Doab
(Expert) 13 May 2017
A deed signed by a person of unsound mind is not valid.
A Medical Specialist (preferably Psychiatrist in Govt hospital) can examine and certify if she is of sound mind or not.
Kumar Doab
(Expert) 13 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 13 May 2017
Did your father marry during life time of his 1st wife?
Until or unless some proven custom, that has attained legal sanction, personal law that permits 2nd marriage during subsistence of 1st marriage the 2nd marriage is illegal.
Respond on it also.
Guest
(Expert) 13 May 2017
Here the Author is Quoting the First wife of his Father as step mother and the author is second wife's child.Properties are in the name of first wife of his father
Kumar Doab
(Expert) 13 May 2017
Assuming that you are all Hindu.
The 2nd lady has her own children born from her womb.You are one of them.
In case of Hindu woman the nature of property in her hands and its source matters.
The 1st right on estate/property of Hindu woman that dies without disposing her estate/property by a valid deed say;WILL, sale,Gift etc, during her life time, the 1st right is of her husband,sons ,daughters………………(born from her womb).
Guest
(Expert) 13 May 2017
Reason for the second marriage it self is First Wife had no children and the Author is Second wife's Child.
Kumar Doab
(Expert) 13 May 2017
You have posted that:
"My father had two wife .his first wife has no child due to these my father had married to another women that's my mom in the view of that his property get secured but in past my father bought all the property on the name of my step mother..................................... .
and in 2007 my father had died and the age of my step mother is near 80 years and she had little mentality problem due to these the other member of my family want register all that property which was in the named of my step mother.so what can I do to stop these illegal behavior of other person"
The properties were bought by deceased Hindu male in the name of 1st wife and 2nd lady.
My posts cover inheritance of properties of Hindu woman (1st or 2nd both as in the query).
Kumar Doab
(Expert) 13 May 2017
You may respond to the points raised for your response.
Your father married 2 women. If 2nd marriage was valid/not void:
You have step mother i.e; 1st wife of your father.
The children of 1st wife have step mother i.e; your mother.
Kumar Doab
(Expert) 13 May 2017
The children are not illegitimate.
If your father has left any estate/property un-disposed in his life time, and if he is Hindu, the 1st right is of his ClassI legal heirs:
His mother (if alive as on date of death), Wife {(if alive as on date of death).........(Your father married 2 women). (It is yet to be clear if 2nd marriage was valid)......}, sons, daughters................
Kumar Doab
(Expert) 13 May 2017
Hope you shall take it positively.
So all children fathered by your father from both marriages with 2 women (and anyone else also if fathered by your father) shall have equal share.
Guest
(Expert) 13 May 2017
The Property was Purchased and Registered in the name of First Wife irrespective of who had paid for it and No Claims could be made by any one and She is the absolute owner and it would be at her Sole Discretion Please
Kumar Doab
(Expert) 13 May 2017
Clarify on this also:
If your father left any estate/property in his name, as un-disposed.
1st wife is alive and has estate/property in her name, as un-disposed.
2nd Lady is alive and has estate/property in her name, as un-disposed.
Kumar Doab
(Expert) 13 May 2017
You may clarify for further discussion.
Rajendra K Goyal
(Expert) 13 May 2017
The property is in the name of your step mother, she is owner of the property.
She can sell / gift / mortgage / bequeath a will for her property, you can not object.
However, start collecting all proofs of her unstable mental conditions.
Kumar Doab
(Expert) 13 May 2017
Core issue raised by you in title of query also is of rights is property of step mother.
Guest
(Expert) 14 May 2017
Agree with Experts
Kumar Doab
(Expert) 14 May 2017
It is good to see statement of agreement with experts.
Guest
(Expert) 15 May 2017
Appreciation is always Welcome
Kumar Doab
(Expert) 15 May 2017
Good to see expression of appreciation.
Kumar Doab
(Expert) 15 May 2017
Thanks for agreeing Mr. Kakade.
Guest
(Expert) 19 May 2017
appreciation always Welcome
Kumar Doab
(Expert) 19 May 2017
The discussion is believing you are all Hindu.
Discuss in person with a very able local senior counsel of unshakable repute and integrity, specializing in succession/civil matters.Your counsel can explain to you if any strategy can work in your matter.You may understand the options, merits, if any.
Kumar Doab
(Expert) 19 May 2017
Enthusing to see expression of…. appreciations.
Guest
(Expert) 19 May 2017
Agree with Expert
Guest
(Expert) 19 May 2017
Appreciation always Welcome
Kumar Doab
(Expert) 10 June 2017
Appreciation is welcome.
Gopal bhagat
(Querist) 18 September 2017
Okkk
Thanks for above suggestions
Sir house and land where we r living that was the name of my father..but now my stepmom want to buy that land too.
What the law say she have right to sell that land or not
Gopal bhagat
(Querist) 18 September 2017
Okkk
Thanks for above suggestions
Sir house and land where we r living that was the name of my father..but now my stepmom want to sell that land too.
What the law say she have right to sell that land or not
