Second marrieage problem

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
30 years ago my mothers younger sister starts living with my father without giving divorce to her husband. 11Years before father expired and after 3 years mother. Now second wife of my father has made an paper with an advocate that i am his first son and and after me her 3 sons and now she is demanding for 5 shares of property 1share of my and rest 4share for her and her sons and she has also changed her actual name from pavitree to parvati now suggest me what to do.

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Guest (Expert) 08 May 2011
you can find out the previous details of your mothers sister and if she claims in your property than file suit for permanent injunction and if any mutation or entry is made in the revenue record than challenge that on that ground that she is not the legal wife of your father.

Advocate. Arunagiri (Expert) 08 May 2011
Your father's second marriage is illegal. She can not claim any rights based on that illegal marriage.

Sachin Bhatia (Expert) 08 May 2011
As you said she started living with your father as no marriage is performed between the two more over if they get married second marriage is illegal and void.

Guest (Expert) 08 May 2011
Ask her to prove her divorce with her previous husband and subsequent marriage with your father.

Living with someone does not confer the right of relation as husband and wife.

But, if her 3 sons were born after her separation from previous husband and living with your father, that may pose some problem for you, as those sons, though illegimate sons of your father, may pose some problem for you.

In that case, although you may be able to prove illegal husband and wife relation of your aunt and father, but DNA test of your 3 half-brothers can prove to be the sons of your father.

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