partition of Property
Balvir Singh Gandhi
(Querist) 15 April 2011
This query is : Resolved
Dear All,
I have a query relating to partition of property. Background for the case is as under :
My father has 2 wives. First marriage was with my mother (intercasete marriage) and second marriage was with another lady ( Within caste and duly recognised by other family members and society). He had 1 issue with his first wife i.e. me. and 2 issues with his 2nd wife.
Later on my father has dispute with his family and 2nd wife and started living with his 1st wife for his entire life. However he has not taken divorce with his 2nd wife. at the time of seperation from 2nd wife, my father has given her all the property and his belongings to 2nd wife.
Now after death of my father, my step brtoher, step sister and step mother are demanding share in the properties owned by father. However I have also equally hardworked for acquiring those properties along with my father.
In addition to this my father has also adopted one son who lives with me and dependent on me only.
I request all of you, to please respond to following queries :
1) Is demand of my step brothers and sisters are justifiable -- What is the legal status.
2) Can I also demand share for other son adopted by my father.
3) How can i Prove that all the assets created by father was also earned by me equally.
4) How long will it take if I adopt to go for legal litigation.
5) what is the best possible approach which i should adopt.
Thanks in Advance.
Please advice at the ealiest -- as its urgent.
warm regards,
balvir Singh.
Adv Archana Deshmukh
(Expert) 15 April 2011
There was no need to take divorce from the second wife because second marriage in the life time of the first wife without divorcing her is itself illegal. However,your step brothers and sisters have equal share in the property of your father along with you and your mother. They have no right in your property. The adopted son shall also have a share.
