Mukesh 27 July 2017

Partition suite

I am Mukesh kumar Singh Working in New Delhi. My father has three wives. Her first wife(Mina Devi) was paralysed and she lived with her parents only. Then My father married to my mother and then I was born but due to some reasons my mom died. I was brought up by my 1st Mom parents(Nana Nani). Then after my mothers death my father married again and now staying with her. She has one daughter and one son. she donot like me from begining thats why my father given me to my Nana Nani. now the situation has worsen. They are disposing all the property and I donot have a room at my house to stay at my father's place. All of us married. Maximum property is under my 1st Mom's name and she is not alive and they are selling that property only so that i could not get share. some property is in my Mom's name(Kamala Devi) and some under my Father's name and some in my last mother's name. How can i stop them from selling?how can i get my share? what shall i do?

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8 Replies

Kumar Doab (FIN) 27 July 2017

It is believed that you are all HIndu.

Confirm!

Kumar Doab (FIN) 27 July 2017

The 2nd or next to 2nd marriage during subsistence of 1st marriage is invalid/illegal.

The children born from illegal/void/voidable marriage are however legal heirs of father along with sons/daughters from 1st valid marriage.

So you are a legal heir and have share in self acquired property left by your father indisposed in his life time………………..after his death.

During his life time NO one; any legal heir has any forced share in his self acquired property.

Your father is still alive hence as on date you have NO forced share in his self acquired property.

Kumar Doab (FIN) 27 July 2017

It is believed that the 1st wife even if medically not fit, is still alive.

In case of Hindu woman, nature and source of property matters.

Her children born from her womb have 1st right on her self acquired/absolute property along with her husband.

Kumar Doab (FIN) 27 July 2017

You can claim share from property whose title was in the name of your biological mother.

Death certificate,legal heir certificate are basic requirements.

Submit to the O/o Authortiy e.g; MC under whose jurisdiction property falls and obtain update mutation record showing ownership by inheritance.

Mukesh 27 July 2017

Yes we all are Hindu.. Our caste is Rajput

Mukesh 27 July 2017

Thank you sir for your suggestions.. But suppose my 1st mother is dead and property was purchased by my father in her name then do i have any right to stop him from selling.. Actually all are on other side and me and my wife is alone.. they do not want to share the property with me and they want to dispose off the same as soon as possible.. what to do? Shall i loose hope of getting any share and break all relations with them for my life safety .. or do i have any chance of getting any share ? Please advise sir.. Further my property is in jharkhand that too at three different districts? Is it possible to file partition suite from delhi..

Mukesh 27 July 2017

Further sir my mom expired when i was 2 and half years old.. i was brought up by 1st mother in her parental house at ranchi.. my father worked in govt owned ration shop in dhanbad.. our grandparents were poor but my father made lots of property through his income.. They dont want to see me happy?