Illegally disconnected electricity meter and water connection
3 months ago
There is partition suit since 2014 between my mom and my father's second wife for death benefits and my father's ancestors property in trail court, currently case stage is wp in high court and stayed in trail court for further proceedings.
When there is litigation my father second wife transferd all documents to her name for example Khata, EC, and land registry documents, even electricity meter bill comes on her name
Last month she has disconnected electricity and water stating that it's in my name why should I provide them electricity and water in my name ..when I went police station to lodged complaint against her that she has theft electricity meter, police said, is that meter in your name, i said no. Then how can I lodge fir ..if I want to file complaint the meter should be in ur name ..now police cannot help u in this matter ..pls approach court ..and there is case even she is also attending every hearing but there is no stay order for house ..
my question, is it possible to sell the property to third party?
And what I have to do to replace my electricity and water connection?..moreover my mom doesn't have marriage certificate where her marriage is registered..again my mom was minor when she married my father..pls I beg to give me suggestions..
And we have proofs that we childrens born to my father, school certificate my father has sing has father and I'd cards representing my father names ..
In case the second marriage takes place after his divorce from the first wife or after the demise of the first wife, the second marriage will have legal sanction and the second wife will have every right in her husband's ancestral and self-acquired property (and fall under the Class-1 heirs of her husband). Ancestral property cannot be sold by a coparcener/legal heir without the consent of other legal heirs/coparceners. In the course of a pending partition suit, the status of a suit property cannot be changed without the permission of the Court. The second wife holds no legal rights if the first wife is present and no divorce has taken place. However, the second wife's children have rights over the property and wealth of their biological father as per sections 11 and 16 of the Hindu Marriage Act, 1955. Further, until and unless ancestral property is distributed amongst the legal heirs/coparceners following a decree of the Court, a coparcener cannot stop /disconnect the water supply and supply of electricity which falls under the purview of the concerned Civic authority. Reach out to an Advocate for guidance and steps.