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umakant yadav (service)     18 July 2014

Coparcenary property

My father have two wives . He had one son from his first wife and three sons from his second wife.The second married was with mutual understanding of his first wife and family members and all were present on his second married.My father died in 1989.Till now everything was fine ,but son from his first married had send legal notice on coparcenary property to us.The house which was on the name of my father after the death of my father he used to live in that house then we three brothers have build a new house in 2001 and now he is demanding that old house should be given to him and his mother and also demanding one fourth share in the new house for him and his mother.The notice which he had send to us he mention me and my brother as a illegtimate son and my mother as an illegal wife.Could i challenge him in court for mentioning us  as an illegtimate son??



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2014

Dear,


No matter what I think Secton 16 of the Hindu Marriage Act, 1955 will directly be applicable upon you children from the second marriage and you all are entitled to the same share as they are.

 

Advocate Kapil Chandna
9899011450

p.manikeswara sai (advocate)     19 July 2014

No, mere mentioning as illegitimate in the notice, you can't take any action and you issue a reply stating that you are not ilegitimate and became legitimate by virtue of Section 16 of Hindu Marriage Act. 


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