125 crpc

Once self earned property settled, no body can not claim.

Regarding 125crpc petition it is valid against your father only. 

125 CrPC is for maintainous .

wife demand maintainous from her husband under the Sec125.

kindly tell us under which personnel law u r goverened.

In hindu law now there is no law which provide share to wife under anscestral property .

second wife sons is eligible for share in ancestral property, and also in your fathers self earned property, he can very well contest the settlement deed and go for partition suit. 

Thanks all for ur valuable reply.. The second wife has filed a 125 crpc in bangalore court on me and my sister last week.. we are based in chennai.. we hv got a summon from bangalore court saying we need to come to bangalore court for hearing.. Since we are based in chennai can we transfer the 125crpc suit to chennai court.. Though 125crpc is to be claimed only from the husband, i dont know how come the court sent a summon for me and my sis..

pls guide me as we to go to bangalore everytime for hearing.. our father is no more.. when he settled the anscestral property to us my dad got his share as cash that time and he has signed in the documents for getting his share.. in this case the second wife son can claim for the settled property.

We are governed under hindu law..

Dear Raghavan sir,

If the settlement is done by our father when he has second wife,he got his share during the settlement in cash and had given in writing for getting his share in cash.. this again means that the second wife has got the cash from him during the settlement..

 it is immaterial whether he got in cash or in kind, as faras the law is concerned ,illgetimate son has share in fathers earnings, your second phara stats ur father had already made settlement to his second wife, that is available in writing, correct me if am wrong, in that case when it was done, and ,if at all ur father had not done any settlement ,the best thing u can go to banglore and have a negotiation with the second wife and go for a settlement ,this is the only way out. engage a good lawyer he can get the things done. i dont think 125 crpc can be transferred to chennai.since she has come to court it is the best thing to get things completed in court itself, so that they cannot go for further claims.

yes he has given in writing (in stamp paper) to us that he got the cash from us and settled to his second wife and children.. Moreover everyone says 125 crpc is valid against husband only.. But the second wife has put on me and my sister.. will this be valid to put on us??

i asked which yr ur father had paid her,u didnot mention about that, why the court had accepted 125 crpc petition is the subject matter of court, without knowing the grounds i cannot comment on that. u have to fight it on its merit.

he paid her in the year of 2006 when he did settlement to us..and he got expired in 2008 end..

if he had paid her 2006 with unregistered document,now it has no value,and barred by limitation. as i said earlier u can negotiate with her to find out a solution.