LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aman (director)     13 August 2012

Property and wealth distribution

Hello to everybody Please kindly give me advice on my condition:

Here is the story My father is married to my mother and have one child and he is married to other 2nd woman without divorce to my mother and he has 2 children from 2nd wife(illegitimate children as there was no divorce with my mother and father) and my father have another relationship with 3rd woman have 2 children from 3rd woman. So its like my fathers 2nd woman and their children has substantial property ( my father trasnfered to them) and my father also gave property to 3rd woman and her children. But my father never transfered or gave any property to the Ist and only legal wife and legitimate child from First wife. 

So its like Ist wife and children-- No property 

2nd wife and children ---Substantial Properties

3rd Woman and children-- Many properties

 

1.So my question is what are the rights to Ist wife(only legitimate wife) and the only legitimate child from Ist wife of my father?

Father is alive and still doenst care about the Ist wife and only legitimate child. 

2.Since everythng is transfered to both illegitimate wife or woman and their children how can legitimate wife and legitimate child can claim rights ?

3.About the will my father already transfered everything to 2nd wife and 3rd woman and their children the Ist wife and child is not on will--- Can this will be challenged in court in case father dies?

4.In end I want to ask you what are rights to property and wealth of Ist wife( only legitimate wife) and legitimate child?

5. What if my father bought the properties in the names of his illegitimate wife or woman or their illegitmate children can my mother( ist wife and only legal wife) and me claim those properties?

6.what if those illegitmate wife and children bought properties from my fathers money or using my fathers money and business.. can my mother and me have right to claim in those properties? Since the main source of money income is my father and his business. 

its a complicated case though but I want help...so kindly give me suggestions.



Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 August 2012

1.  IF you are a Mohamedan, THEN as long as your father is alive, your father can Gift (Hiba) away all his self-acquired properties to anybody, as he wishes, without any interference from his legitimate wife and childrens.  UNLESS of course IF you can documentarily prove that your father is mentally unstable and so on.


2.  "Will"  shall be effective only on death of father, till then it is a dormant document. As it is, a person can right-fully  will his property/s to anybody he wishes, which includes non-legal heirs, chairtable trusts and so on.  A  will is challengable, on various grounds and the legitimate legal heirs may make appropriate attempts to claim their lawful rights.


Keep Smiling .... Hemant Agarwal

Aman (director)     13 August 2012

Thank You Hemant for your answer.

I am hindu and all my family is hindu family.

Thank You

Naveen Kumar (service)     13 August 2012

As per Hindu Law  marrying without divorce is not permissible.  The kids born out of 2nd and 3rd women [marriage] will be consider as illegitimate children and the marriage with 2nd and 3rd women will consider as null and void.  So your mother has all the rights to ask the share in property.  First ask your father regarding this if he dont't cares your mother can file D.V case as well as Maintenance case.  Since it's complicated matter pls consult your local well knowledgeable Advocate.  But i am sure you will get Justice.

JANAK RAJ VATSA (ADVOCATE)     15 August 2012

without bothering much about the property, first your mother should file a case against your father for contracting 2nd & 3rd marriage when the first one was subsisting. ?all resuts will be in her favour automatically


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register