My mother is my father's second wife and from my childhood my mother worked and brought me up. My father is retired B.D.O. My father never helped us in any situations. He lived with his first wife and never helped us. He have 2 daughters with his first wife. And 2 daughters got married and they are well settled. I completed my engineering and my mother got retired. We requested our father to help us. He refused to help. I sent a notice to him claiming for my rights. He came to our home and said he would help us and no need to apply for any case in case and pleaded for 10 months time. 10 months passed. Now we called him and asked for help. He said he has nothing with him to help us. If he transferred his properties into his first wife and daughters names then if i apply a case in court now will i be able to get succeeded? Do i have rights to claim now?
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you have no shjare in self acquired properties standing in name of your father
2) your father can execute gift deed to transfer his properties in name of first wife and daughters
3) your mother can file application under DV act and seek maintenance against her husband .
4) also seek alternative accommodation
5) since you are qualified engineer and working you would not be awarded maintenance
1.please note that your father can deal with his self acquired proeprty in any manner he wants and you can claim any share in it.
2.Howeevr if he has any ancestral property you can file partition suit for the same.
3. SO take information of his ancestral proeprty and then go to court claiming your due share.
Dear Querist
If there is any ancestral property then you have right to claim your share from that property otherwise not, means if the properties are self acquired by him then you can not claim any share from that properties.
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1. You have no rights after you attain the age of majority. During his lifetime he has an indefeasible right to alienate/bequeath his properties of which he is the absolute owner. You also have no right to claim maintenance from him.
2. Your mother can though claim maintenance from him by filing a case under section 125 CrPC against him.
1. From your query it appears that your father lived with his first wife and not with your mother which indicates that your father, being a Hindu, married to your mother without divorcing his first wife.
2. As per Hindu Marriage Act, the said marriage of your father to your mother without divorcing his first wife is illegal hence invalid.
3. So, you being the two daughters of your biological mother will have no right on the ancestral properties of your father after his demise, intestate.
4. As regards his self acquired properties, no body has any claim on the same during his lifetime and he can do whatever he likes to with his said properties.
5. You can claim your share on his self acquired properties after his death in case he dies without executing any will.
Your father has full rights to dispose his properties to anyone of his choice and as per his desire.
Neither you nor anyone can question his authority in it.
You do not have any rights in his property.
Even if you file any case claiming any share in his property, you will lose your case, time, money and energy, because no such case is maintainable as there is no provision i law for this.
You can threaten him to take up his bigamy or cheating through criminal law by making your mother to lodge a criminal complaint against him for cheating and marrying your mother.
But even for that it would too late.
An amicable settlement may be the best choice for the present
