Uncle and grandmother illegally capturing my father's property
2 years ago
Hello sir,
My father died a month ago, he did a second marriage when he was alive illegally as he was having a divorce case pending with my mother whose not even 1 hearing was prosecuted and my mother didn't signed any paper. He used to rent his 5 cars for income. After his death, my uncle and my grandmother both are not giving me or my mother any type of legal papers. They are not even giving my father's passbook and bank cards of which my mother is the nominee. My uncle and grandmother are not even handing me or my mother, my father's phone through which all the bank accounts are connected. When I asked my grandmother for the phone, her exact statement was "Nahi Denge". My grandmother is in the favor of my father's new "illegal" marriage and is trying to give everything my father had to his new "illegal" wife or my uncle. They are not even giving me any money for my education. I am 16 years old. My father was not having any legal or illegal child with her new illegal wife. I am my father's legal and only son and my mother is her legal wife. What can I do now, please answer!
Ankur Goel @ Complete Law Shield
Responded 2 years ago
2nd new wife cannot get anything legally.
You, your mother and grandmother are legal heirs.
So grandmother can give her share to second wife.
Your mother have to file partition suit.
Move fast.
You may approach civil court by filing a partition suit.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since you are minor, I suggest your mother should file a suit for partition of the property of your late father. You, your mother, grandmother and uncle are all legal heirs and have an equal claim vested in you for the property. Also, you are a Class I heir along with your mother as per S.15 of the Indian Succession Act.
If you find my answer helpful then kindly rate me.
As per S,15 of the Indian Succession Act, you and your mother are qualified as Class I heirs to your father's property and have an equal claim upon it. Your mother can file a suit for partition before the Family court to receive your deceased father's share.
If you find my answer helpful then kindly rate me.
Ankita Jaiswal
Responded 2 years ago
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Responded 2 years ago