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Chand (----)     17 January 2012

Father property when he do second marriage

Hi,

Dear Sir,

My father has been married second wife 7-8 years ago, my mom is still alive, Now i want know how to i get share in my father property?

He was trying to give all property to 2nd wife, So i need your help to get Share from my father.

 

( My mom haven't taken divorce from him )

Thank you!



Learning

 13 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

do some work and earn your own property instead of waiting.

Chand (----)     17 January 2012

So i can't do anything for share in my father property? he have lot's of property so i am asking share!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

you have no share till he is alive and thereafter he can give to any body.

Arup (UNEMPLOYED)     17 January 2012

earned property by the father himself is property of his own and have full right to donate anybody but you will get  the share of ancestral property of your father.

Ranee....... (NA)     17 January 2012

During lifetime of his father can he claim on ancestral property?

Chand (----)     17 January 2012

Yes, i want to know this also.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 January 2012

Dear Chand

you are muslim or hindu, if you are hindu then you can file a suit for partition of the property but property will be ancestral, if you are muslim you have no right in property till your father alive.

Feel free to call

Chand (----)     17 January 2012

I am Hindu can you tell me, how to procced?

(Guest)

Do you have ancestral property?

Chand (----)     17 January 2012

Yes


(Guest)

Now take services of a good local lawyer to take your share from that assets. 

Kuldeep Gauniyal (Sr Manager - Legal)     18 January 2012

Allahabad High Court in its Judgement held that second marriage is void from the start, she did not enjoy the status of wife under the Hindu Marriage Act, and was not entitled to maintenance under HAMA too. The court also observed that the petitioner was married "with full knowledge that he (husband) was already married and that his first wife is living. In the circumstances, she cannot lay any claim to sympathy."

The high court held that maintenance in the case of husband's bigamous marriage can be claimed under Hindu Adoption and Maintenance Act only if both marriages had taken place before the Hindu Marriage Act of 1955 came into effect.

Accordingly, the victim may sue her husband and claim the maintenance by way of cash or kind.  



 

Arup (UNEMPLOYED)     18 January 2012

ancestral property can be claimed by way of property partition of the undivided hindu fafily.as a pertation suit.


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