My mother had died in 2010. She had got married and quitted by her husband but did not give her divorce legally. Later on my mother got married again and we are two children from her second marriage.
Her ex-husband migrated aborad and got married there with a foreigner. He died a couple of years ago. He has a property in his name that he did not transfer to anyone. Now when her wife came to know about this, she arrived here and wants to sell the same. Since my mother was not divorced by her ex husband and he got married to that foreigner without our knowledge. So, needless to say that his second wife is not legally entitled to this property.
We would like to know the followings with regard to the above :
(i) Since we are from the second marriage of our mother, so are we entitled as the legal heirs to this property ?
(ii) Is the youngest son is entitled to register a claim against this property (my elder brother is not in India and residing abroad) ?
Please give clarificaions to the above for which I shall be grateful to your goodself.
Regards/