Property dispute.
venu
(Querist) 29 December 2011
This query is : Resolved
Request to experts.
Sir,i would be pleased to hear your comments.
She is my cousin.
She is born with her elder brother,one elder sister & one younger sister.
Her father died of cardiac arrest last month with out writing a TESTATE.
Her mother is alive & she wants to bequeath the entire property (MOVABLE & IMMOVABLE INCLUDING CASH BALANCE) to her son.
Now my cousin continues the rest.
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Coming to my brother ,he has two wives.
First wife left him after eight years of marriage along with her lone daughter to her parents place.
After lot of persuasion to his first wife,
he married another woman as his second wife without taking divorce from first wife.
Can the first wife have any claim in the our family property.
Now coming to the point,can we sisters have any claim over a portion of our father property.
We don't like to waste our time,dragging our brother & mother to court,if our claim doesn't hold any legal backing.
Here both my brother & mother are opposed to give us any share.
Since my father has not made any TESTATE before his death,do we sisters have any right to approach the court.
Please advise us on this regard for which I would be highly obliged.
With regards.
A V Vishal
(Expert) 29 December 2011
Coming to my brother ,he has two wives.
First wife left him after eight years of marriage along with her lone daughter to her parents place.
After lot of persuasion to his first wife,
he married another woman as his second wife without taking divorce from first wife.
Can the first wife have any claim in the our family property.
Ans, She is the legaaly wedded wife and continues to have right in the property along with her daughter, coming to the second wife her wedding is illegimate and children too however her children have a right of share in their father's property.
Now coming to the point,can we sisters have any claim over a portion of our father property.
Ans. Yes you have absolute right as much as your mother and brother.
We don't like to waste our time,dragging our brother & mother to court,if our claim doesn't hold any legal backing.
Here both my brother & mother are opposed to give us any share.
Since my father has not made any TESTATE before his death,do we sisters have any right to approach the court.
You have legal right but subject to your exercise. You have a very good case in my opinion.
Mohan munjal advocate
(Expert) 29 December 2011
First wife of your brother have right along with her daughter.
you (sisters) have equal share in property with the other sibling
venu
(Querist) 29 December 2011
DEAR MUNJA JI & VISHAL JI,MANY THANKS FOR YOUR ADVISE.
I have a smaal doubt which i request you to clear.
All th 3 sisters should together file a case against my brother & mother.
What type of case we have to file.
Is our 10 th class certificate is sufficient along with our marriage photos sufficient to prove that.
Can you please tell me what would be legal costs.
Regards.
Deepak Nair
(Expert) 30 December 2011
You shall file a suit for partition of the property.
What do you want to prove with your 10th class certificate?? please clarify.
A V Vishal
(Expert) 30 December 2011
It is advisable that all the three join and file a suit or even one may proceed against all the others.
venu
(Querist) 30 December 2011
To Sri Deepak nair.
Sir Thank you all the panelists for the advise.
Sri Deepak nair Sir,I am clarifying your point.
I wanted to produce this as a authentic document to confirm that I am my father's progeny.
Here my name with my date of birth & my father name would be there.
Regards to every one.
Devajyoti Barman
(Expert) 30 December 2011
Yes I agree too with the advices above.
venu
(Querist) 30 December 2011
Thanks for all your expert advise.
I request you to advise me what type of case can be filed against my brother & mother.
I forgot to tell you sir,All we three sisters are married.I would be highly obliged if you can tell us whether we are entitled to our father's property even after our marriage.
How much share we are entitled to get.
Will the property be divided in to five equal parts.
Regards.
