Regarding property distribution
Querist :
Anonymous
(Querist) 16 January 2020
This query is : Resolved
Respected Sirs,
I myself is son of my fathers frist wife aged 32 years with sister 29 years.
When i was 6 years old my father has married to second wife without giving divorce to my mother
They have 3 more childrens.
He kept my mother away from me. I have been with my grandmother all these years and as he was politically strong he didnt allow me to meet my mother.He treathened my mother not to go to court as i was with my grandmother whose house was in same fathers city. Now my grandmother is expired, my sister is unmarried,
He made his second wife Corporator in elections.
He has started transfering his property to his second wife. He says he will not give us any share in property.
So how can we claim our share sir .
Please guide me.
Raj Kumar Makkad
(Expert) 16 January 2020
Your mother and sister are entitled for the maintenance allowance from your father and your sister can also file a separate petition for the grant of her marriage expenses to be incurred.
If the properties being transferred in favour of his second wife are his self acquired then your father cannot be stopped in doing so but if the properties are ancestral then your mother can seek stay order under DV Act.
kavksatyanarayana 
(Expert) 16 January 2020
I agree with the advise of learned expert Mr. Rajkumar Makkad ji.
P. Venu
(Expert) 17 January 2020
Yes, there is nothing that could be done if the properties are self-acquired.
Dr J C Vashista
(Expert) 18 January 2020
When you are 32 years old you are not entitled for any maintenance from your father, however, your sister is entitled till she gets married.
Whether the property is ancestral or self-acquired by your father ? Did you ever seek partition of the property ?
There are number of other issues involved in your post, therefore, it is advisable to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and proceeding as required.
If you are located in Delhi /NCR and feel so, may contact me with relevant records (on appointment) at chamber No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi Cell # 9891152939 or visit : vakil-saab.com
T. Kalaiselvan, Advocate
(Expert) 26 January 2020
In the properties that are on your father's name, you cannot claim any share in it as a right sat least not during his lifetime.
The only alternative is that your mother and sister can claim maintenance from your father and can seek to attach his property towards security for the future maintenance amount.
