Hi , This is sachin sawang. My father done second marriage before 20 years without divorce when we were small .. He doesnt took our responsibility honestly .. we done our education on our own behalf .. i am 32 years old and i completed my graduation in 2017 just last year due to family responsibilitys .. when they left us that time my sister was of around 3 years old .. And on the other hand he sent his son from second wife to england for education .. his one daughter is studying in medical and the third child is in well reputated school .. He done all his property on his second wifes name on the name of gift. So in short we are suffering from discrimination like discrimination happens is two cast .. and unfortunately we are not finding any way due to the property is of his self aquired. They are taking full advantage of the father and we are just fighting with the challenges everyday which life is throwing at us. I thing orphan children's also have more facilities than the people like us who have everything but gets nothing Requesting you to help us in suatation like this ...
You have no share in self acquired property of your father
2) second marriage during subsistence of earlier marriage is illegal
3) your mother can file dv case against your father seek alternative accommodation, maintenance, compensation for mental torture undergone by her
3) she can also file case of bigamy against your father under section 494 of IPC
Your mother can file domestic voilence against her and claim her rights. No other way for you as the property is self acquired. Your mother can also file bigamy
Sir since the property owned is self acquired and further you all children are major mother can ask.for maintenance from father. You and your major siblings has no ground to seek anything from him.
Your mother and children was supposed to go for the maintenance from your father as your father got married before taking divorce from your mother the second wife have no rights as wife but her children are The legitimate children and they have all the rights as children of your father of course you guys have not made any claim from your father to maintain yourself and even at this moment if your mother is alive and any of your brothers and sisters are minor you can claim maintenance for your mother and those -.
The father have the liberty to dispose of his self acquired property as per his wish but in case he has sold are transferred any ancestral property without the no objection from the children you can make claim for the title of those properties.
If you have more queries to be asked you may call me.
1) If the property in still in your father's name then your mother will be getting 50% share in it and you have 100% share in your mother's share.
File suit for maintenance for you siblings and mother.
Thanks all .. After looking at all this opinions i got to know that we do not have any rights to approach our father for anything. My mom is fighting for her right from last 10 years but what she is getting 1200 rs per month on the name of maintenance.. mean while my father transferred his property on his second wifes name using something call gift act .. My mein question is .. why this discrimination in between two children's born from same father.. just he love his second wife more and she has full control of him .. he will do everything for the children from the second wife And nothing for from the first one .. This is not the justice .. A kind of untouchability... You born from my that wife to whom i dont love hence i cant do anything for you .. your untouchable for me by birth. Why cant we challenge this incomplete law .. we have the law for discrimination in between two casts , we have law for discrimination in two wifes but we do not have law for two children from same father ?? If anyone able to describe something on this .. pls do i wl get in touch with them ..
You have not mentioned what is your father income ?
2) amount of maintenance awarded to your mother is measly amount
3) your mother can file DV case against husband seek maintenance under said act also
4) seek alternative accommodation from her husband
5) you are 32 years old you have no share in father self acquired property during his lifetime
6) if father dies without will your mother , you and your siblings would inherit equal share in his properties
Sir we understand what you feel here but in my view even challenging the gifts and the law won't be fruitful here .
The law simply says that the father has the right to use his self acquired property in any manner as her desires.
In this case he is giving it the the son of other wife, he also has the liberty to give it to a third person.
Note that if it was an ancestral property then the law would not have discriminated and you would have an equal share in the said property
If the maintenance has been decided by the court, then go to the Higher court and challenge the order of maintenance and ask the court to increase the maintenance.
1) The gift property given to stepmother is it ancestral property than you have full rights by birth in that property.
2) If its self owned property then your father has full rights to dispose his self owned property as he like.
File suit on behalf of your mother in high court to revise the maintenance amount.
You can even challenge his second marriage if you have enough proofs as according to Hindu Law bigamy is prohibited.
Legally you cannot claim anything from your father.
You being an adult and aged 32 years, you dont have any rights in your father at least not at this stage.
Instead of fighting a losing legal battle against your father, better work hard and take care of your mother and other siblinbgs as a responsible person to your mother's family.
Your mother should have fought for this very long ago and could have got some justice.
She lost her opportunity.
You cannot force your father to give his property to you or your siblings including your mother.
This is not discrimination in law but it is an act of injustice by your father to your family.Very sadly, there is no law in India to punish him for this, however if there was any injustice done, he will certainly face the wrath of the God Almighty