Your step mother is at liberty to sell her share of the property
2) file suit for partition for division of property by metes and bounds
3) seek injunction restraining purchaser from selling the property
Property is in the name of my father and his second wife
1.My father buy the property with his name and his second wife name(he didnt married her legally but in adhar card and other cards she mentioned him as her husband...she and my father and my mother lived together ...I am the only son to my father and my mother ...but his second wife has a son with her first huband(she didnt give divorce to him). 2.my father died without a will... I had pay loans,powerbills..etc..but 1 year back she sold the half the property without telling us. eventhough original documents with us...and the property is registered on the name of who bought it. 3.I am helpless. I believed my parents throughout my life.My father didnt told me that the property is on the name of him and his second wife.whenever I asked him ,he told you are only one for this property. 4.Please help sir what I can do to get the property .. Thanks and Regards, pothuraju
Asked 7 years ago in Civil Law
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7 Answers
1.Well,even if you knew it you could not have restrained him on the ground that she is not the legal wife of your father.
2.Your father can by proeprty from the his earned income in the sole or joint name with anyone he chose.
3.So he did no wrong in buying the same jointly with his 2nd wife.
4. So on the death of your father she can sell her undivided share lawfully and you could not stop her in doing so.
1. If the property was bought jointly on both of their names, the share of your father shall devolve on his legal heirs consisting your mother and you. The second wife or concubine is not entitled to any share in her paramour's property.
2. Since the property is jointly owned, she might have sold her share in the property.
That is not illegal or unlawful.
You can secure the other half because she should not sell it again, which is illegal.
You have to secure the remaining property safely by mutating the same to your names
1. Irrespective of the nature of relationship of your father and the lady who was living with him without divorcing her first husband, the fact remains that your father bought a property jointly with her, which means that the lady was the owner of it to the extent of 50%. So she was at liberty to sell her 50% only, not beyond it,
2. Since your father died intestate his share in the joint property devolved through natural succession on his wife (your mother) and his children. You can thus file a suit for declaration of the sale deed executed by this lady as illegal. You are not remedieless.
Dear Querist
if name of the second wife of your father is mention in the sale deed of the property then she will be entitle to get her share from that property and nobody can restrain her to get her share.
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1. you should file a case for cancellation of sale deed on the ground that she is not legally wedded wife of you father.
2. when it is proved then sale deed will be cancelled. a woman cannot prove his marriage on the basis of aadhar card etc. because these cards does not confer marital status. performance of proper ceremony is essential to prove valid marriage for establishment of marital status before the court.
if she proves her marriage then she again cannot be treated as legally wedded wife because your father did not give divorce to your mother hence this second marriage is void under section 5 of the hindu marriage act.