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Rights towards my father property
5 years ago
My father married my mother after his first wife died.and we are 4 children's to them.no chidrens before.he died in 2001.at that time he is with another woman without giving divorce to my mother.all my father property documents are with that lady she didn't give to my mother even my dad's pension also goes to her..my mother is innocent and she is not capable to do anything..what are chances to return back all to my mom..
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client kindly go through any experienced local lawyer for filing case and get half share on your father's property.
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ARPIT BATRA
Responded 5 years ago
A.You can opt for partition suit.
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A.Both sides get half share.
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sistla ramakrishna
Responded 5 years ago
A.Whether your father showed her as wife in the employment records. Whether your father did not show your mother as nominee to receive benefits of his retirement such as pension gratuity etc., Your mother can obtain certified copies of all documents which were kept with that lady and claim title over the property along with you as legal heirs by issuing legal notice by engaging expert advocate in your area. Share all particulars with us otherwise we will not give complete solution to your problem. Your mother can issue notice to employer for getting pension every month. She must file a civil suit as she is entitled to pension as she is the legally wedded wife of your father. You must engage experienced legal expert for getting issued legal notices and filing civil suit in your area.
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Vishwabandhu
Responded 5 years ago
A.Dear Client your mother is not getting family pension after the death of your father, it means that your father did not nominate your mother as his wife in his pension papers.
Dear client as per your statement your father had 3 wife out of which one has expired and 2 are alive. Now as per succession act all the issues from all three wife are entitled to get share in your father's property.
Dear client now the best way is that u file a succession suit under sec 372 of Succession Act to declare all of u successors of your fathers' property and for it u do not need property papers at the time of filing civil suit.
If u succeed in this case and your mother is declared as second wife of your father then concerning department will give1/2 family to your mother.
Dear client as per your statement your father had 3 wife out of which one has expired and 2 are alive. Now as per succession act all the issues from all three wife are entitled to get share in your father's property.
Dear client now the best way is that u file a succession suit under sec 372 of Succession Act to declare all of u successors of your fathers' property and for it u do not need property papers at the time of filing civil suit.
If u succeed in this case and your mother is declared as second wife of your father then concerning department will give1/2 family to your mother.
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Rameshwar Dadhe
Responded 5 years ago
A.Dear sir you have right to property. U can file partition suit
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A.Dear Client,
You have to share the complete story to get right advice so that you can fight for your rights, at least the rights of your mother.First you have to prove that your mother was the legally married wife and other will follow gradually.
You have to share the details of the job of the father,department.name of the state government, date of joining and date of retirement etc. the names he / your father suggested in the Pension Book. All will be brought in to the case automatically.But you have to tell the real story and chronologically.
Shanti Ranjan Behera, Advocate
You have to share the complete story to get right advice so that you can fight for your rights, at least the rights of your mother.First you have to prove that your mother was the legally married wife and other will follow gradually.
You have to share the details of the job of the father,department.name of the state government, date of joining and date of retirement etc. the names he / your father suggested in the Pension Book. All will be brought in to the case automatically.But you have to tell the real story and chronologically.
Shanti Ranjan Behera, Advocate
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