Hi, my father has two wives. I am the second son of w1 other is my elder brother. W2 have 1 son. My mom W1 is not divorced v r not staying with my father for more than 20yrs. My father has ancestral property of 3acre farm land. My father, his brothers n Aunt are insisting n forcing to divide it into two halves between W1 and W2. BUT we r insisting to divide it into 3share among children. There is one small house too that to ancestral.. what does the law say n wat it v approach court.. Kindly help
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1)second marriage during subsistence of earlier marriage is illegal
2) W2 ie second wife will not have any share in your father property
3) your father share will devolve on your mother , you , your brother , step brother
4) in other words you have one fourth share in property
5) deed of family settlement can be entered into duly stamped and registered
1. Firstly since the 2nd marriage is done with divorce the said marriage has no legal sanctity and hence 2nd wife is not entitled to inherit any share from your father though the son can.
2.However since now settlement is done it is advisable that do this amicably
3. in the given situation i endorse the view that the proeprty is divided between w1 and w2.
What if my father n w2 ask for compension for their lively hood with there 1/4th share left. under which IPC can v bounce back n get 3/4th share (me,brother n mom) as they r threatening. My father's brother is CCB POLICE n says he knows How to punish us. Bcoz of this reason v had to keep quiet for 20yrs even though my father did his second marriage without my mother knowledge. V hav gone through severe hardship lik orphans to come up to this level. They have called us next week for partition n insisted us to take 50%share. My elder brother has two daughter, I hav 1 son. Kindly give me some strong legal points and sections to quote the same n get back our 3/4th share.
Under section 494 of IPC second marriage during subsistence of earlier marriage is illegal and your father, step mother can be punished for bigamy
2) please note that amicable settlement is best option
3) you can file suit for partition for division of property by metes and bounds but it would take 15 years to be disposed of
4) your step mother can claim maintenance from your father under DV act seek alternative accommodation etc
1. The legal definition of ancestral property is different from what general people perceive.
2. Ancestral property is the property title of which flows for 4 generations, i.e. from great grandfather to great grandson, without being interrupted by any sale/gift/settlement deed or will.
3. If the said property is not an ancestral property, neither you nor your step brother will have any say on your father's paternal property during his life time and he can do whatever he wishes to with his said property.
4. If it is an ancestral property, then your step brother will have no claim thereupon even if your father so wishes and you will have claim of your father's share of the said ancestral property which he can not deal with now with out the consent of you and your brother.
1. Your mother can lodge a police complaint of bigamy against your father.
2. Audio/Video record the threats given by his brother to punish you and then lodge a police complaint against him under copy to the S.P.. If police refuses to register a FIR against him, file a Writ Petition against police inaction. Your punishing police Uncle will be tamed.
3. If the property is an ancestral property as defined in my earlier post, then your step brother will have no claim on the said property and your father will have no right to deal with his share of the said property with our your consent.
4. If the property is not an ancestral property then your father can do whatever he wishes to do with his share of the said property and your mother's filing the bigamy complaint will bring him to senses.
The second marriage is not valid and null and void in the eyes of law especially when the previous marriage subsists and the spouse is living.
The children born to the second wife (concubine) are no doubt legitimate but they are not entitled to a share in the ancestral property of their father.
In your situation, in my opinion you say that your grandfather's property as ancestral property, if yes, then you are mistaken.
The grandfather's property is not ancestral. The share of property inherited by your father shall be his own and absolute property.
In that neither you nor anyone has any right or share as a right during the lifetime of your father. No court will come to your rescue because it is not your property, it is your father's absolute and own property and he can dispose it in any manner and to any one of his choice.
You may consult a local lawyer with all details and relevant papers/documents and take his advise on all such further issues.
You dont have any basis to claim even a little share in the property.
There is no provision in law conferring you with any rights to claim a share out of your father's absolute and own property.
If he is ready and willing to give you people half share in the property, you may readily accept it without making any fuss or more demands.
If you plan to approach court, then you will stand a loser at the end because you are not having any right or interest in the property hence you would not be successful in the dispute.
You will lose money, time and energy if this is not proved as ancestral property.