• Rights of first wife son

Sir,

I am the first wife son of father.  My father had a house which is build the housing loan and that to 25% of money was given by my mother's father.  Now he married a another women on 2002 and my mother died on 2004 January. Now he mortgage the house with out our knowledge and me and my brother living in the house from 1998.  Please advise me how to get this property.  He already build the house for his second wife.  In my village there are some property which is earned by my mother's father now it is in my mother name and my mother's father name.  As per law he is also a one of legal heir for this property.  I want to remove my father name from the legal notice.  What are the steps need to taken.  Please guide me to get out from this problem.  My father is wealthy and we are struggling to get the good job.

Regards,
Mukundan
Asked 1 year ago in Property Law from United States
Religion: Hindu
What he has inherited from your mother's estate already cannot be further challenged. However if your grandfather is still alive and willing to support you then you can ask him to file a title suit against your father over the property which was acquired by your grand fathers financial aid. 

If however your problem is that such property is being given to your step mother then that is a different issue. You cannot do anything at this stage really till such property is being given away. 

For strategies sake you can possible try and file suit and try to get an injunction from alienation of the property or creating third party rights over such property. This way you might be able to try and withold your father from transferring such properties to your step mother's name.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
If the property was on your mother's name then he cannot alienate such property since you and your brother are co-owners along with your father. so any property which was held by your mother in her name before her death now vests on three individuals, you, your brother and your father. And none of you can alienate the property without consent of the others.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1, You cna not claim the house even if it was built with the help of your grand father.
2. The house belonging to your mother will devolve upon you and your father in equal share and shence your father's share in the said property can not be removed either.
3. Your long stay in the house does not give you title in the house.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
1)if house is standing in your father name he is free to mortgage the house without your consent 

2)in event your father dies intestate you , your brother , second wife and children if any from second wife would be the legal heirs 

3)on your mother demise property standing in her name would devolve on your father , you and your brother 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1)mere payment of water , electricity , property tax bills would not make you owners of the property 

2) your father is absolute owner of the said house as it is standing in his name 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1) on your maternal grand father demise his share would devolve on your grand mother , your mother , and hert siblings 

2) on your mother demise her share would devolve on your father ,  you and your brother 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1. Neither you can add not remove anybody's name as legal heir from any Notice sent to the legal heirs,

2. Legal heirs are determined as per law of our Country,

3. You can put your father behind the bars on the charge of by-gamy if you can get any document which proves tht he married in the year 2002 when your mother was alive,

4.  In case he dies intestate, you will inherit all his property if he has not got any child from his second illegal marriage,

5. File a criminal case of bigamy against your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. If the property stands in your father's name then he will be treated as the owner irrespective of the fact that you are paying the electricity bill for him,

2. You can claim your share of 25% share of your mother for her paying that much percentage of consideration for buying the said property,

3. In tyat 25% share also he will have i/3rd share being her husband  and legal heir.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Your father has equal share on the properties standing in the name of your mother being one of her legal heirs.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
The property owned by him or his self acquired property shall be his own property in which only he has full rights by which he can settle or dispose it in any manner as per his desire, he need not take any permission or consent from anyone including his own children for disposal. You say that your mother's father financed 25% towards its purchase, do you have any documentary evidence for this funding, if so, as a legal heir of your mother through her father, you can file a partition suit claiming a share, whether it is maintainable or not will be decided by court based on the arguments put forth by both the sides. 


As far as the properties that were in your mother's name, your father being one of the legal heirs of your mother, he is entitled to a share as his legitimate right.  This is law, you cannot remove his name from the list of legal heirs which will be illegal and invalid. 

T Kalaiselvan
Advocate, Vellore
13906 Answers
127 Consultations
5.0 on 5.0
1. The subsequent marriage of your father is illegal if he did not obtain divorce from his first wife before remarriage. 

2. Your father has succeeded to the share of your deceased mother in the property of her father. His share cannot be diminished.

3. You are at liberty to file a lawsuit for partition to cull out your share in the property of your mother.

4. If you have not attained majority then you can file a case for maintenance against your father.
Ashish Davessar
Advocate, Jaipur
18054 Answers
445 Consultations
5.0 on 5.0

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