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  • Category: Indian Law

    Lawyers Legal advice required for the properties

    Have you got a legal query regarding property claims? Looking out for legal advice for resolving your issues. No worries. On this Ask Expert page get some of the best advice for all your concerns.

    I got married in my relation. My father in law had second marriage before 13 years once his first wife was dead. Without knowing to his one and only son at the age of 55+ he married the second one. Later my husband came to know and by panchayat system they told she should not lie on the properties.
    Before my marriage my relatives and my father in law talked together that the lady cannot be accepted as mother in law and the properties cannot be given to her. Everything was accepted by him but now he stole all the documents from my home to change the properties to the married one and her daughter who was not legally adopted.
    Everyone kept silent before marriage. Now when I am pregnant of 6 mths my father in law is mentally torturing me to leave his house so that he can stay with the lady he married.
    Can you suggest me how can I resolve this problem?
  • Answers

    6 Answers found.
  • In this connection, you need to contact some lawyer having long experience in this field at the same time, he is reputed in his field. You will have to explain the entire sutuation before him.
    The marriage in which is engaged is a registered marriage being done in a court or it has been finalised in secret. The lawyer would examine the case in several angles and a case would be registered in the civil - court.
    Though the process would take time in getting the final settlement, that seems to be only legal solution in this case. You need not fight aggressively with him since by doing so, the case may not go in your favour.

  • There are certain things to be understood before taking any legal recourse in the matter.

    If a person is alive and has acquired some property and wealth himself, his children have no right on that until unless he willfully gives it or a part of it to them. So a son cannot claim on the father's self-acquired property till the father is alive. Only after the death of the father he can claim for his share.

    If the property is ancestral then son can very well claim it either during his father is alive or after the death of his father.

    The second marriage after the death of first wife is legitimate and that wife and children will also be receiving their proportionate part in the property.

    That is the basic premises on which court cases and their verdicts progress.

    You have to take the advice of the lawyer for possibility of lodging a court case to get your share of ancestral property.

    Knowledge is power.

  • Any verbal discussions at the time of marriage or among relatives would not have a legal hold or value.
    Your father-in-law's second marriage and the child would be legal as it happened after the death of the first wife.
    The second wife and her off-springs will have rights to the share of the property that your father-in-law has currently.

    Your husband or you cannot argue on the grounds that it was a secret, not accepted in the family etc.

    Seek the help of a good lawyer in your area and then explain the case, the age of the second wife, the offsprings and their ages. The circumstances related to the second marriage was it held at like a ceremony accepted in your community or was it a registered marriage. Then the details of the properties in the name of your father-in-law and his father.

    My suggestion would be, such issues happen in some families wherein a quasi-legal settlement is arrived at by all parties after a few meetings and discussions between both parties in the presence of family elders, local leaders etc.

    Once such a settlement is discussed, your husband would have to agree to share the property. Your father in law is alive. If your father-in-law makes a valid legal will giving everything to the second wife and her daughter. Then all you can do it only appeal to it. SO, better would be a negotiation or a compromise mediated by elders.

    Assuming that you are Hindus, Your husband also should remember that prior to 2005, only sons were coparceners (by birth, have a right to father's property) after 2005, even girls are considered as coparceners and can ask for a share of the property even while the father is alive.

  • First of all, you have not mentioned whether the property is ancestral property or self-acquired by your father in law. If it is self-acquired your husband can't claim any right on that property. He can claim his right only after the death of your father in law only. If your father is making a legal document in which he says his property will be to his second wife, nobody can question him. But if the property is ancestral you can claim your part. The second marriage is legal as he married after the death of his first wife. As the marriage is legal the second wife and their children will have right on the ancestral property.
    The best way of solving this issue is to have a mediator who is a well-wisher of your father in law as well as yours and to sit all in presence of him and coming to an understanding about the division of the property.
    The other option you have is to go to a lawyer and tell him the details and go as per the advice given by him.

    always confident

  • Kindly note that according to Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 if their marriage is registered, his marriage is legal since he married another lady after his first wife has passed away. Then the lady is quite eligible to claim properties. Kindly verify if their marriage is registered or not. if it isn't then you can counterfeit her claim and your father in law's activities. Meet lawyer nearest to you and take advice.

    If your father in law has filed a legal document which claims the properties are vested onto his second wife without your knowledge, then you can still counterfeit the case as your husband is also a successor of those properties. My suggestion is to make your husband do these jobs as you are in your second trimester, don't take unnecessary stress onto your body and brain which will affect both you and your baby. Wait until the delivery and take good care of the baby first. If your father in law is still mentally harassing you, I suggest you move your home place or any relatives that can take good care of away from these mental disturbances.

    Take Care.
    Good Luck.

    Thank You
    Dr. V. Shashikanth

  • Situationno.1: Property of your father-in-law is self acquired by him:
    Then you cannot claim anything from it as a right and he can gift or sell or transfer it to anyone he likes.

    Situation2- the property enjoyed by your father-in-law is ancestral;
    Then he cannot sell it arbitrarily. He needs consent from you husband or in other words your husband can get an injunction to prevent him from alienating the property. However the second wife will also have a right in the same property if she can establish that they are in fact man and wife. So what he can do is divide the property in a way that he gives a mutually agreed portion of it to your husband and retains his part to go to the second wife after his death. The adopted daughter may no be able to claim legal rights unless it gets proved that she is adopted. But circumstances will show that she was treated as his child and hence he may have to bear expenses on her upbringing, education and marriage. Otherwise he may have to face social and legal wrath.

    So i the property your husband has to immediately file for an injunction restraining his father in disposing or transferring the property to any one else. The case may drag and you will be embarrassing that father and son stand as enemies. Hence an amicable settlement is better.

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