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Anjali Vyas   13 October 2015

Distress .. urget help!!

Respected Experts,

My name is Anjali and i am an adult hindu residing in Mumbai. I am in a lot of distress because of the situation i am put under.

My father left me, my younger brother and my mom about 12 years back along with my rakhi uncle for another women .. All of us were very very disturbed but because of the dominating nature of my father we could not say or do much .. somewhere down the line he got married to this so called women legally withouth divorcing my mother .. this other women started using my fathers name and surname .. we did not say or do much as he was providing for us and giving my mother maintenance money ..

My current house was in the name of my mother and my rakhi uncle. My uncle expired some 2 years plus back ..  He had another plot of land in the outskirts of the city .. Now my father willed everything of my uncle to himself .. and we did not doubt anything as we trusted him with it. This will is probated by the high court and all the rights lay with my father. So basically of what i understand he is the part owner of my current house as well as the plot of land. 

Now a couple of month back my father stopped giving us maintenance money he is saying that he does not make any money and that his 2nd wife is making all the money and supporting him .. hence he cant do much .. 

Basically my father is old now and almost bedridden .. it is this other lady who is corrupt and evil ... she wants everything for herself and does not want to give anything .. she has poisoned my fathers mind and brainwashed him against us .. her only excuse is that she is taking care of him now .. 

we are in a lot of stress as my mother suffers frm various illness and needs all the possible help she can get . my father even if he wants to help cant cause this other lady is in full control of him .. 

PLZ PLZ HELP!!

1. How can i save my current house since its part owned by my father and there is a possibility that this other lady will take it .. 

2. Can my father will everything to this other lady??? how can we safeguard what truly belongs to us?

3. What will happen to this other plot of land?

4. How can we legally be in a strong position to take on this other lady for what she has done and if she has any vested interest against us and our property. 

5. Since my dad is saying that he does not make money any more, is he obliged to still give us maintenance money? 

Basically my father was very giving (atleast till some time back), but now he is handicapped cause of this other lady and hence we want to teach her a lesson. 



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     13 October 2015

Mam,

 

Even if your father is handicapped, you go with him and take his signatures and ensure that the present which is in your mother's name jointly with your father should come back to you atleast.

Take all the precautions you can by taking your father's signature and ensure that you prepare a will and get tit registered in advance before that lady does something evil against you guys.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

Prasad (Systems Engineer)     13 October 2015

Anjali... You have 3 options.

 

1. Your mother can file bigamy case on your father for marrying another woman without divorcing your mother.

 

2. Filing a maintennace case on your father as it is his duty to maintain his children.

 

3. As a responsible adult, stop depending on your father who has cheated you. And earn for yourself and lead a dignified life.

 

With any legal procedure, you will waste lot of time and money in courts and you will loose your peace of mind.

saravanan s (legal advisor)     13 October 2015

since the house is jointly owned by both your father and mother your father can will or gift his share alone in the house but not the whole house.about the plot you cant do anything as it had become the property of your father.

your mother can claim maintenance u/s 125 crpc  but you need to convince the court why you are claiming maintenance now after so many years during which you were able to manage with your own income.

the second wife is still not a legally wed person to your father and as such your father can be accused of bigamy.but filing a case after so many years and that too when your father is old and handicapped seems to be needless.

 

 


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