I am vishambar sharma from himachal pradesh. My father had left my mother when i was 1 year old due to family dispute.that time there was no divorce or any other lawful documentation between them. after 8 years my father has got married with another lady .Now,my father does not have any child or heir.I am only child of my father from his first wife. my maternal mother was taking care of me and my mother. She gave me a good education and life.Now, i am 27 years old and i met with my father 3 -4 times.He lives with his second wife.He deny to accept me as his son.I request him to accept me and my mother but he did not do agree.my all educational and personal documents have name of my father .Moreover ,my mother also has voter id as a name of husband. I am worrying about my carrier as well. because of time consuming. Please tell me how much time it will take to solve such matter in the court?
I request to you kindly suggest me a best way to solve out this problem as i am in big tension and i m not secure about my future.I am facing problem financially also because my maternal mother is not able to help us more.My father has property
(agriculture land and home in native place.)
what should i do so that my father accept us.
please tell me how much time taken if i will take action against my father.
how much cost it will take including all the expenses.
i m planing to go abroad for job .does it effects in my carrier as far job is concerned if i sue .
Asked in Family Law from shimla, Himachal Pradesh
1) your mother should file DV case against your father and seek alternative accommodation and maintenance from her husband
2) you are adult and should be able to maintain your self .
3) you have no right on your father property .
4) if your father dies without a will you and your mother will have equal share in the property .
5) second marriage of father is illegal and he has committed offence of bigamy . your mother can file criminal complaint of bigamy against him under section 494 of IP C
6) litigation fees vary
Son has right in ancestral property whether or not father gave divorce to his mother.
Civil suit may take many years to decide. Minimum 5 years will taken by civil judge to decide partition suit.
Fee will be depend upon the advocate you hire.
Hi, you have to file a suit for partition of your share in the property.
2. Your mother has to file petition under section 125 of the Criminal Procedure code for maintenance, as it is the duty of the Husband to maintain his wife and children, so court will order for monthly maintenance to your mother.
Which case do you wish to file in the court? You have no share in the property, movable or immovable, during his lifetime. If he dies intestate you along with your mother will succeed to his properties. His second marriage is illegal as he married during the subsistence of his first marriage. So your mother can file a criminal case for bigamy against him. Your career remains unaffected by his second marriage.
Your mother has to file a restitution of conjugal rights case against your father now.
You being a major by age, cannot claim anything from your father now.
You cannot ask your father to accept you even through court of law but it does not means that you are not the son of your father, this relationship cannot be eradicated even by law or any court.
If your mother files the case, it may take a few years to get disposed.
The cost factor to be enquired locally withe advocate whom you plan to engage.
Your abroad job will not get affected even if you sue your father on your own.