Krishna Chaitanya Sundru (SAP Consultant) 05 April 2012

First son legal rights

Hi All

Me and My brother are the first wife sons(the first wife was legally provided decree of divorce) of my father who expired recently.He had married a second wife in a Hindhu temple.this was happened before second wife(actiually the second wife was also a married women whose divorce case was in court at the time of marriage) got the divorce, and when the divorce has come they have registered their marriage.At the time of their marriage we are minors and had no knowledge on this issue.Now as my father died the second wife occupied the house which is in vijayawada and been also claiming the rents of the below house and recently she has put a affair with a person and we have a proof of the second wife son talking on the issue with his cousin in the telephone(his son has no blood relation ship with my father he was a son before divorce of the second wife).we also have the sufferring lady telephonic talk with me regarding the behaivour of the second wife of my father.

Initially we respected her and treated in a good manner , but due her relationships outside she behaved worse with both of us.

Regarding the re marriage of her she had put proposals infront of his brothers and sisters also.

Keeping all this as witness can we file a case on her as a unfaithful widow.

Please suggest if any

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3 Replies

Adv. Chandrasekhar (Advocate) 05 April 2012

your querry is not clear. By your narration, I presume the following:

1. your mother predeceased to your father.

2. your father died without writing any will.

3. In first marriage, your father has two sons and no daughters.

4. In his second marriage, he has no children.

If it is so, your father's movable and immovable property can be distributed amongst you, your brother and your step mother in 1/3rd proportion. This applies to rental income also.