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  • Category: Parenting

    Question related law against stepmother


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    My mother passed away in june 2013, and after her death my father remarried with a divorcee having 1 son and 1 daughter.
    My father had told me at the time of marriage that only her daughter will come along and not son and that all these things will be done on legal paper. But nothing has happened till now. She always tortures my two younger brothers and me and always threatens us that she will leave them in their parents home.
    My father also has changed totally and goes along with the things she says. Recently my father has taken a plot on her name.
    My house, in the name of my mother is along side of highway. Due to construction some part of house will be broken and we will get some compensation which will be given to the plotter for the new plot taken in the name of stepmother. But he said at the time of marriage that there is no share of her son in any propery in my house as well as in future.
  • Answers

    6 Answers found.
  • 1. Is the property is ancestral or self-acquired by your father? That will decide about the eligibility.
    2. The second marriage is legally done. So she will have rights in the property of your father. But her son who is not the son of your father will not have any right in your father's property.
    3. The share of your stepmother will go to her sons and daughter.
    4. All your brothers will have an equal share. For example, you are 3 brothers and your stepmother. Total 4. So the property will be divided equally among all the four of you. But this will hold good if the property is ancestral
    5. If the property is purchased by your father, he can give the same to anybody he likes. Nobody can stop him. If he makes a will mentioning that the property will go to the stepmother completely, no one can dispute it.
    6. If there is no will, what I mentioned in point no 4 will be valid.
    7. You can also contact a lawyer and show him all the papers required so that he can tell you the legal stand but what I mentioned is legally valid.

    drrao
    always confident

  • There are a few legal points which need to be understood under the present situation. You may go through these valid points so as to take remedial measures from your end. The following points may please be seen -
    1) Eligibility status of the share of the property will vary depending upon the nature of property in the sense that it is the ancestral property or the self acquired one by your father. Benifits will follow depending upon the nature of the property.
    2) Examine the validity of your father. Has he been married according to Hindu Customs or otherwise? Was there any evidence to justify the legality of the marriage? You may consult a lawyer in this regard. If it is not according to law, distribution of the property will be made against you three brothers.
    3) If the marriage is legal, your step mother cannot be denied her share.
    4) The share received by your step mother will naturally go to her kids unless she takes some other steps to transfer the same to some other party with the legal proceedings.
    5) The property would be shared by all your brothers including yourself apart from your step mother. Hence the recipients are altogether four.
    6) If the property is not the ancestral one and your father has purchased the same, he has the every right to transfer the same to anyone he likes in the legal way.
    7) In the absence of any will after the death of your father, the entire property of your father is to be distributed among four beneficiaries equally.
    8) For a better comprehension of your property- dispute, you may contact a lawyer for resolving the issue on your favour.

  • You have mentioned that the house was in your mother's name. Was it from the income of your father and/or mother or it was ancestral property. If it is from the income of the parents then they can give it to anyone they desire. You do not have any claim on that till they are alive and even after that if they have written a will to give the property to some other beneficiary than you and your brothers/sisters. The compensation due to construction of the road would also go to them only. Please find out whether this house is ancestral property or not and if there is any other ancestral property in the name of the parents because that is the only thing where you can legally fight to have your share as per the number of brothers you have. Once your father has remarried, the step mother is entitled to the property or share of the property of the husband as per the husband's wishes and desire. As the marriage is done after the death of your mother, it is a legal marriage and the women that is your step mother is the rightful co-owner of what your father owns.

    You can also talk to some lawyer and take his opinion in the matter and as they are regularly fighting such cases on behalf of their clients, they would be in a position to advise you for taking some concrete steps in the matter.

    Knowledge is power.

  • To give more specific suggestion some points have to be clear.
    1. What are your age and the age of your brothers? What she means by saying" she will leave them in their parents' home."?
    2. Is the house and the land on which the house stands solely on your mother's name?
    I give a few suggestions assuming that you are an adult competent to sign legal papers. I assume your maternal grandparents / maternal uncles are alive and can help you.
    With the above assumptions I suggest as below:

    Your father may be in dilemma and he tries to arrive at a solution by giving a separate house for your step mother. I believe that he still have affection on you and brothers but feels a bit helpless. If he has good rapport and communication with you tell him to deposit the compensation money on your and the brothers name. Suggest him to take loan in his and stepmother' name or her elder son's name for the plot and for constructing the new house, as the land will be on stepmother's name. Let them not use your mother's asset for them.

    Contact your maternal grandparents and tell them about the developments. Let them also talk to him. If they are not able to help you, then you have to proceed very carefully and diplomatically. You can send a letter or legal notice to the Highway authorities or the contractor or whoever has to compensate you saying that the land belongs to your deceased mother and you three have also claim on the amount. Locate the papers and letters given to your mother/father in this regard. If needed consult a lawyer discreetly.(Ensure that the lawyer is a good and helping person.) But once you take a strong and tough stand then from then on the matters may not be easy and even father may also fee angry. So you have to move cautiously and carefully.

    If your father is considerate and want to help you and take care of you things will move positively.

    So first discuss with fathe( when he is alone) thoroughly without disclosing what is in your mind. Ask him to safeguard your interests. Then knowing his ideas and intentions discuss with your real well wishers. If needed, you may have to get legal help also.

    In between, visit the village office discreetly and ensure that the land and house is in your mother's name only. If possible get hold of the title deeds and secure it properly after taking a copy of it and latest tax paid receipt also.

  • You have full rights on the property even if it is ancestral or purchased by your father. You mentioned that your mother was the owner of the house, so legally, your father is the heir and you nad your bother also have the authority to get the share. You should file a police complaint and get the legal advisor on this matter asap otherwise this would go even more worst for both of you.

    You can apply for the partition of your house as you and your bother are the co-owner of the house and have full rights to get the property. It will take some time to dispose of the matter. Be attentive and take proper care of yourself and bother at this hard time.

  • As your father has remarried after your mother's death, the marriage is legal if done according to the required status of religion or any marriage act. Even if the marriage is not registered, it stands legal and has equal right on your father's property. There is two status on your case. First, it the property that you are talking about is ancestral property or the second, it is the self-acquired property of your father.

    When we talk about the first case, If it is an ancestral property you and your brothers have a share in the property and you can claim it anytime during the lifetime of your father or after his death. As she is legally wedded wife, step-mother has rights towards your father's/ her husband's property and can claim a part of it for her. As the children of her's are not through your father, they may not have any right on your ancestral property but will have right on their mothers share.

    Now, in the second case, If the property that you are talking about is completely the self-acquired property of your father then he can he has the full right to dispose of the property according to his will without even giving you a share and you have no right to claim that property. So to make sure that whether the house or property is ancestral or self-acquired one and then move accordingly.

    “The most important thing in life is to learn how to give out love, and to let it come in." — Morrie Schwartz


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