1) your children should file suit to set aside sale of ancestral property

2) you can also file DV case against husband seek right to stay in matrimonial home , maintenance from husband

3) you can also file bigamy case against husband under section 494 of IPC

Dear Querist

If the property was ancestral then now file a civil suit for cancelation of sale deed of that properties along with claim a damages by your children before the civil court.

Apart from this as all the children are major, they have no right to claim any thing from him.

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Think about the present situations, now the children’s are Major. After a long battle your status is re inserted as legally wedded wife. So you have every right to ask the maintenance and accommodation from your husband under DV Act. So file a case for the same.

In the case of properties ,check whether it is ancestral property or not ?

Property inherited upto 4 generations of male lineage (i.e., father, grandfather, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. If it is ancestral one your children’s can claim over the property ,if so file suit to set aside sale of ancestral property. All other properties earn by your husband can alienate as per his own wish to any one during his life time.

1. Your children can nevertheless file case of partition to claim share in the ancestral property.

2. Even during those last 20 years they could have filed such case as your legal battle for legal status as wife ahd nothing to do with their claim for share in the ancestral property of their father.

3. You can also file case for maintenance which could have been filed earlier as well.

4. Now lodge a complaint with local police for bigamy under section 494 of IPC against both of them.

Madam, perused your question. You should have taken an injunction upon your husband’s properties earlier to disable your husband to transfer the same to his second wife. However, now you can apply to the Court for nullifying such transfer made to second wife, as you have legal right to the same. You are further advised to take an injunction so that the second wife cannot transfer the properties to third parties. You may get in touch with us for further clarifications.

1) Mam first of all file an FIR under section 494 ipc for offence of bigamy.

2) Secondly you have right to claim maintenance and accommodation from your husband so file for same under Crpc 125 and domestic violence act.

3)If husband sold or transferred property your children can file a suit for partition and setting aside the transfer of property as without consent of children the property cannot be transferred if it's ancestral.

You should have done the following:

1. You should have filed the case for claim on the property;

2. You should have claimed maintenance under section 125 of CrPC from your ex-husband;

3. If you can prove that you and your children stayed in the property for more than 12 years, then you can prove adverse possession;

4. You should have filed a suit before the relevant court for claiming the properties;

5. According to Supreme Court in the ancestral property (if proved), the son/daughter of first wife can seek partition and separate share out of the share of his father i.e.your ex-husband and not beyond that.

Therefore if the properties are self acquired by your ex-husband then you or your children may get no share in those properties.

Hi,

Did you got any maintenance from your husband? If not please do it now.

The properties which are ansestral in nature and even sold without the NOC from children can be claimed by a suit for cancellation of title and the children can not be deprive of their rights. The court is above all to decide even the position of parties have no matter.

If the property belonged to him i.e., either self acquired or inherited, then it is his own and absolute property.

He can dispose it in any manner and can transfer the same to any person of his choice.

His authority cannot be questioned by anyone.

His father's property cannot become ancestral property to your children.

Moreover your children are now adults and married, if at all they feel that they hav any rights in the property for any share then it is they who who have to fight for it legally, they are not dependent on you hence you cannot fight for their rights in your own capacity as their mother.

Their rights as biological children to your husband remains even if you are divorced or remain married.

Therefore please be aware that you cannot do anything legally about this.

Your husband had no right to transfer ancestral property to anyone unless and until there is legal necessity. In your case there was no legal necessity to sold or transfer ancestral property to his mistress therefore that transfer is void. In this scenario you should file a civil suit for the cancellation of such transfer. You have been subjected to cruelty by your husband and you have been keeping away from the great respect of wife. Therefore you are also entitled for special damages.The court will cancel all such kind of transfer because your husband cannot prove legal necessity. It is admitted fact that he has been living with a mistress therefore you can easily prove that there was a concealed intention to deprive the children and legally wedded wife from the ancestral property.

Hi,

You may approach the court for share in ancestral properties.

Please, file a case for share in the anscestral property as he could not sell it during the pendency of the trial.

If it's his self acquired property then it will be his wish to give you a share. You can claim maintenance from him for you and your child. You can also claim residence rights in his property.