Legal assistance on fathers property
10 months ago
Hi Sir, my father has married another women (2nd marriage) even when my mother was alive saying that she is not medically fit since 10 years which is true my mother was suffering from Huntington decease, my mother passed away 4 years back. My father is having two properties (earned by him and not an ancestral property ),1. Two floor building 30x40 site . and 2.Ground floor building 60 x 80 .now me and my brother are orphan and i am staying in 1st property of my fathers along with my wife and daughter (3 yr) and my father and his 2nd wife are staying in 2nd property and he was an government employee with salary of 1.3 lakh per month and now retired.
My questions are :
1) Is my fathers 2nd marriage legal , if no what are the legal actions i can take ?
2) Do i have legal authority on my fathers property as he is trying to sell the property without my concern and against my wish?
3) Does my daughter and wife have legal rights on my fathers property ?
4) My mother died in a very suspicious manner I still doubt it was a murder as me and my family were not staying with my father when my father married again and my mother had lots of jewelries before her death and i doubt all the jewelries are with fathers 2nd wife and do i have legal rights on the jewelries.
According to Hindu Marriage Act,1955, Section 11 where it clearly defines that if any person who performs second marriage during his/her first marriage’s husband or wife is alive and that first marriage was done according to the customs and rites of Hindu law then such marriage is called Void or Illegal Marriage. After 1955 second marriage in Hinduism was totally prohibited. Whoever marries during the subsistence of the first marriage, if the first spouse is living, is guilty of bigamy. The person guilty of bigamy shall be punishable with imprisonment, which may extend up to 7 years & shall also be liable to a fine under Section 494 of the Indian Penal Code. The property of your father is self-acquired property so nobody got any right to claim his or her share as a matter of right and the property can be disposed of by the owner as per his choice to anybody. But in case the property is left intestate (i.e, without any Will) by your deceased father, then all the surviving legal heirs are entitled to an equal share of the said property. Reach out to an Advocate for guidance and steps. However, in case you need any assistance to access justice in this regard you may contact our legal team along with relevant papers.
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