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RAVI KIRAN MANDAVA   02 December 2015

What is the share i will get

Sir,

my father got married in 1980 with my mother, my  parents have two sons ,one born in 1982 and other in 1988, later after some years passed , elder son have expired accidentally, in the year 1998

after that incident my mother had got shocked with this incident, after some days she have recovered and saw younger son , after some days my father kept me in hostel for the porpose of study, after that he got up operated to my mother for birth of child as she is already operated for family planning but for that my mother health was fully damaged and got severe health problem, then my father took my mother to yerragadda mental health and gave shock treatment, so for that she got fully mentally sick, after that my father sent my mother out of house and dint see her, for that my grand father  (fater of my mother) have filed a pitition againist this incident in court, then court have ordered for the maintenance charges of 1500/- per month, but my mother did not get divorced, after that my father got married with another girl in the year 2001 ending , after that even that girl ka case againist my father that he said that my mother is expired and married her by cheating, after that he got married again in 2003 with another girl aged 23years as my father age 49years, now recently he purchased lands in her name ,, before the marriage of third girl we have one house in city,and one house in village and 5acres of agricultural land in village ,and after marriage of third wife he purchased two lands one in city and one in village, so in these house in city is in name of my father and village properties are in name of my grand father

(fathers father) so now he is trying to give all the properties to that third girl,he is trying to send me out of house ,

sir,

i have a question that do i get property from that what what is in the name of my father and my grand father as i am first wifes son , and how much share will i get and how much share will third wife and his one son get ,,

can anyone sir give me suggestion about said property how will i get from that

 

thanking you

your's faithfully

first wifes son



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 December 2015

Dear Sir,

 

First of all, your father should be prosectued for bigamou marraige becasue during the subsistance of the marraige with your mother, your father have enetered into another marraige.

 

Secondly so far as the properties are concerned, if the property is an ansectral property then you have the right in the property as your birth right and in so far as the self acquired properties you have no claim in the property.

 

Therefore, the property which is in your grand father name is laible to be distributed between you as being the class I heir, and for that purpose you can file the partition suit.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

 

Laxmi Kant Joshi (Advocate )     02 December 2015

Those properties which were self acquired by your father if he didn't want to give you, you didn't claim any share in them, he can give them as he wish but those properties which are in your grand fathers name you are fully eligible for your share, the third lady and her children are not eligible to get share in ancestral property.

Laxmi Kant Joshi (Advocate )     02 December 2015

Those properties which were self acquired by your father if he didn't want to give you, you didn't claim any share in them, he can give them as he wish but those properties which are in your grand fathers name you are fully eligible for your share, the third lady and her children are not eligible to get share in ancestral property.

RAVI KIRAN MANDAVA   03 December 2015

sir ,

one more doubt , actually the property which is in my father name it was purchased and built by my grand father in my fathers name , for this purchasing my grand father sold agricultural land in village and purchased this property, 


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