Uncle and grandmother illegally capturing my father's property 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

A.so called second marriage is illegal.
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.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir
You may approach civil court by filing a partition suit.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.
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Anik

Responded 2 years ago

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A.Hi,
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.
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Ankita Jaiswal

Responded 2 years ago

A.File partition suit in court, if u like my ans plz rate my ans*****, thanks
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Aarti Sharma

Responded 2 years ago

A.After the death of your father the litigation of divorce automatically comes to an end with statements. For rest of ur quarries you may need to file another suit against your grandmother and uncle.
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Abhimanyu Shandilya

Responded 2 years ago

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A.You/ Your mother actually should initiate legal action to get her legal rights in the property and bank cash/deposits. File a case for injunction as well as title suit and if required a partition suit too in consultation with a local lawyer. This advice is to show you a path but you need to hire a full time lawyer who should start preparing the cases and filing in different courts and forums to safeguards your rights.
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Sidhaarth

Responded 2 years ago

A.You, your mother and grandmother are legal heirs of deceased father. Second so called marriage is illegal and law does not recognise her as wife. All properties be it movable or immovable are liable to be divided equally among legal heirs. Being nominee your mother can claim money but she is bound to divide the same in three equal portions out of which one will go to grandmother. Write to bank and get freez withdrawal.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप कब्जे के लिए court मे मुकदमा दर्ज कर सकते हो।
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