Second wife Second wife

3 years ago

My parents were living seperately and in 2015 my father passed away leavinge behind. Before he passing away he married another women and that women was already married and did not divorce her first husband. And with my father she has a son. We put the case in court for his service benefits since he was an govt employee. And after fighting for so long we came to a conclusion that pension nd service benefits for her and govt job for me and my mother dint want to take anything. And my father's father own a agriculture land and she wrote in seperately outside the court that land should be given to me and my mom and she and her son don't have any right. Since we have her pension. She signed in sub registrar notory paper. Now she sent a affidavit through her advocate for partition of the land. What should I do.? Second marriages and their children are becoming an headaches for the first families like us. We are suffering alot coz of this people. My mom gave her pension on humaritian grounds now she wants everything. Why this seconds wives spoiling our lives

Anish Palkar

Responded 3 years ago

View All Answers
A.It is not very much confirmed if your father's second wife was staying with the first husband or no. Further, there is no confirmation that the son from the second wife is of your father or her previous husband as the legal DNA test has not been done. You will have to ascertain the facts based on the DNA reports whether he is the son from your father. Require more details regarding this case.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Periyahkaruppan

Responded 3 years ago

View All Answers
A.Were your parents divorced or not? Since from your explanation, his second wife not divorced her first husband so she cannot become your father's legally wedded wife, but the son born to her is one of the legal heir of your father along with your mother and you, so he has a right over the ancestral property .
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
More information is required regarding the fact whether divorce was done before the second marriage or not, so that we can advice you properly.
If you find this answer helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Kindly provide more information regarding the agreement that was signed between your mother and the second wife of your father.
If you find this answer helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 3 years ago

A.As per your inputs your 2nd marriage is was bigamy and void marriage she has no right over your father property but her son has right over property.
As per my knowledge notarized document can if there cancellation clause.
For more openion, have to notarized document and lawyer notice.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPath to reach home
Dear Client, you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
question iconNeighbour Water leakage
Dear Sir, How to File a Harassment Complaint Against a Neighbour Is Calling Police an Option? Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
question iconNOC FROM OTHER FLOOR OWNERS
Dear Client, Whether you need a No Objection Certificate (NOC) from other floor owners before selling your floor in a building depends on local regulations and building bylaws. It's advisable to con...
question iconProperty dispute
Dear Client, A person who acquires a property through gift is considered his/her self-acquired property and the owner of the property has an unfettered right to dispose of the said property as per hi...
question iconProperty Dispute.
Dear Sir, You may file simple suit for partition and seek accounts of income received from such land and claim your share in liquidated mense profits.