LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sathya (Home Maker)     01 May 2013

After second marriage a woman can claim first husband prope?

Hello,

A was my brother B was his wife C was my mother.  A was died 13 years ago. A and B were separated long time back before A died,  B took her money and jewels everything and left from home.  B married another guy(rich guy) and she has 3 years old daughter now  Recently she sent a notice to us and claiming she has rights in Ex husband grandpa properties.  actually my grandpa property is not yet separated ( actually my grandpa has three sons include my father)  Now she sent a court notice to every one(to all my cousin) and saying that she has a  rights 1/18 share of my grandpa properties

Now the question is

Does she has eligible to claim ex husband's Grandpa property after second marriage ? 

Also can she claim ex husband property after second marriage ?( Second marriage was happend around January 2008)..

Could you please guide me how can I proceed further ?

 

 

 

 



 6 Replies

Sudhir Kumar, Advocate (Advocate)     01 May 2013

you said seperated.  You never said divoced.  Please come clear.

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     01 May 2013

1. B had the not right to take any property from your elders property. 2.because she married another person. 3. but A and B's daughter had the right on that property. behalf of the guardianship she can file the suit for the brought-up of the A's daughter, good future of the A and B's daughter.


(Guest)

@Querist,

 

1.B has no right over the property of ex-husband as she gets re-married.

 

2.If A and B has any son/daughter, you pray the court to get the guadianship of those children citing the reason you don't feel the safe future of children of A and B.

 

3.Hire a good advocate to prepare the legal document.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Sathya (Home Maker)     01 May 2013

they didn't divorce and she moved to her parents home before he died.

Sathya (Home Maker)     01 May 2013

Sorry I was not clear,  actually with my brother she didnt have any kid,  now she has a baby with her new husband.

 

they didn't divorce and she moved to her parents home before he died.

Sathya (Home Maker)     01 May 2013

Thanks for your reply.. we got a judgement from first court and the judgement favor to us only, first time

she didnt appear any vaida and finally judgement came to us.

but again she put a law-suit against us recently(second time). we don't know how to tackle this situation now


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register