Right of first wife/kid on husband's property , if he married another woman
rajkumar
(Querist) 22 September 2013
This query is : Resolved
Good Evening Experts,
Request you to read my case patiently and please advise on my case ( its a 30 years story).
I am raj, 32 years old. I am first wife's son of my father. My father married another woman when am in age of 3 years and he went away with that woman.
At that time he has property of 4 acres which came from my grand father( father's father), my mother approached court at my child hood, the local court & high court also awarded half share (2 acres) and my mother filed another suit for maintenance then the lock adhalat given another 2 acres to my mother as a settlement (this happened after 25 years of case running in courts). Till then (around 20 years) he hold the land and taking crop on that with his money and man power.
After court decision court commissioner handovered the 4 acres land to us about 5 years back,its in our control now. My mother is not much educated so she did not took any other step further.
My mother & myself suffered a lot for my education and other things, i grew up and completed my Post Graduation and now earning sufficient money to lead a good life after 25 years struggle.
My mother not took any divorce or any agreement of like that.
Meanwhile my father also became very very rich and became a small political leader in a small city in Andhra Pradesh.
I collected all of his property details with documents,but none of those contains with his name, All the land & buildings cash etc are with his second wife's name and his 2 daughter's name, both 2 children (girls) got married recently, and the documents stating all the property was gifted by someone to his 2nd wife & children (like 2nd wife's father , daughter's uncle..etc).
He took all the precautions in terms of property. Now all of them leading a superb life.
Now my concern is can we still approach court for any case on my father & his second wife, or on his properties.
But i thought it is so late to us as its been 30 years the issue happened.
Please advice for my further steps on my father, frankly asking what all are the possibilities to take action on my father & his second wife (as many as possible), he should suffer as we suffered 25 years in life.
Now my self also can spend money to challenge him legally,i want all the legal possiblities.
If he took any steps illegally, like threatening us or try to kill us what steps i have to follow (please advise).
Thanking you all for reading my long story.
Thanks in advance for your replies.
RajKumar
AndhraPradesh
ajay sethi
(Expert) 22 September 2013
court has already passed an order in favour of your mother and awarded her 2 acres of land . your mother is still the legally wedded wife of your father .
in case any property is in your father name on his demise as legal heirs you r mother , you and the 2 daughters would be entitled to share in his properties .
with god grace you are doing well in life and well settled . dont file any further cases on your father .move on in life . forgive him for his misdeeds .vengnance will never make you happy and you will never have peace of mind .
R.K Nanda
(Expert) 22 September 2013
query too long to reply.meet local lawyer.
rajkumar
(Querist) 23 September 2013
Thanks for the replies,
I furnished all the details for understanding of complete case.
Briefly asking, am first wife's son aged 32 years.My father married another woman 30 years back and had 2 daughters. all of his property with name of his 2nd wife & their 2 childern (all the registration done as gifted by relatives). Their 2 children married now.
Now can we(myself & mother) sue on any of that properties they have, or can we put any other cases on him & his 2nd wife, is it possible after 30 years.
No divorce or seperation happened legally between us..
Thanks in advance.
rajkumar
(Querist) 23 September 2013
Thanks for the replies,
I furnished all the details for understanding of complete case.
Briefly asking, am first wife's son aged 32 years.My father married another woman 30 years back and had 2 daughters. all of his property with name of his 2nd wife & their 2 childern (all the registration done as gifted by relatives). Their 2 children married now.
Now can we(myself & mother) sue on any of that properties they have, or can we put any other cases on him & his 2nd wife, is it possible after 30 years.
No divorce or seperation happened legally between us..
Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 23 September 2013
Even if you filed the suit claiming properties, you will have to prove that those are your ancestral properties and whatever properties are in the name of second wife is earned out of the income of the ancestral properties. But your question shows that properties in the name of second wife are her absolute properties, because she has got those by way of gifts.
Your mother is leagally wedded wife, she can claim maintenance from her husband now also.
