Regarding property
Naga Nithesh
(Querist) 22 November 2017
This query is : Open
I am Naga Nithesh s/o late Ramesh. My father married my mother as his first wife is issueless and she expired (1st). My father married my mother when his 1st wife is alive. Even he expired now. My 1st mother as I call her got some ancestral property through court partition (as her brother denied to give peoperty) . But her brother got stay on titles as well as filed a case that my dad and I are not legal heirs and property goes back to him as it is ancestral property. My dad after expiry of my 1st mother impleded in the case and start fighting and expired 3 months back. Am I a legal heir to them can I claim the property?
Adv Shailendra Deshpande
(Expert) 02 December 2017
From your statements, it gives impression that your father married to your mother even when his first marriage was in subsistence. In that case, your mother is not considered as legally wedded wife and hence you will not be considered as legal heir in the property of your 1st Mother (as you called her).
