• Father 4th wife

My father was done marriages without giving divorce to my mom we are 3children he left his 2nd,3rd wife and now he is staying with his 4th wife he is not taking any responsibility for family and abusing us her 4th wife abusing my sisters and creating false news on my mother, sisters and on me.in our childhood my mom registered 498A etc at the last moment he compromised escaped from prison after that again he started same activities how can we get our rights on my property's 2 house's are our ancestors property their but he transferred them on to my father.how can we punish that 4th wife and my father. Please give me a proper advise. Tq
Asked 12 months ago in Family Law from Warangal, Telangana
Religion: Hindu
1. His second and subsequent marriage are illegal as he married without divorcing his first wife. Your mother can file a criminal case for bigamy against him. It is his inescapable duty to support his wife financially. To this end, your mother can file a case for maintenance against him in the court whereupon the court can direct him to maintain his wife.

2. However, neither you nor your mother has any rights in his self acquired or ancestral property during his lifetime. The only right which your mother has is the right to reside in her matrimonial home.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1) your mother can file domestic violence case against her husband and seek right to stay in matrimonial home or alternative accommodation 

2)she can claim maintenance for herself and the children 

3) your mother has no share in husband property 

4) please clarify on what basis you say property is ancestral . 
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
1) grand children have no right in property standing in name of grandfather 

2) on grand father demise your grand mother , father and his siblings would be his legal heirs 

3) if other legal heirs had no objection property could be transferred in your father name 

4) yiu don't have share as grand children in said properties 
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
1) you can file suit for partition if you have share in said properties 

2) if you don't have any share in grand father properties it makes no sense in filing suit for partition 

3) in respect of property gifted by your grand mother your father has no share in the sale proceeds when you sold the property 
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
Your mother is only legally wedded wife .All other girls come to his life has no status as wife and they could not get privileges as wife. 

What can do against your father 
1. your mother can file a case for maintenance against him .
2.your mother can file domestic violence case against your father  seek right to stay in matrimonial home or alternative accommodation and also protection from him.

 Grand children have no right in property standing in name of grandfather.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
In your case only first marriage is valid and rest are invalid. You are the only heir to claim right in ancestral property other (children of subsequent marriage) have right in his self acquired properties only.

File partition suit against ancestral properties. You can file an FIR for cheating and forgery against your father but If you have no evidence to prove cheating then file money suit and establish that your father is your creditor because he took loan from you out of the sale money of land. 

 

 
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
If your father married another woman during the subsistence of his marriage with your mother he is considered to have committed bigamy whereas he has married fourth woman too, so it is polygamy, an offence punishable by seven years imprisonment. 

Your mother should lodge a criminal complaint against him for this offence.

If the property is ancestral, then you can also file a partition suit against him seeking your share in the property. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
My father done 4 marriages we have photos of her 3rd,4th wife 3rd wife died.If we file case on my father and his 4th wife is their any problems to our education
No problem to your education.



 What type of case's we have to file both of them and how much time it will take to get solution.he torches me sis and mom mentally
Criminal complaint for the offences of polygamy.  The time taken for this cannot be predicted.




Please give me all suggestions about his marriages without giving divorce,harassment,property and what type of action we can take against her 4th wife by legally.
You can seek partition out of your grandfather's property (though you are not eligible for a share in it), this will torture your father mentally. 
A criminal case also can be filed for cheating your mother by marrying few more ladies during the subsistence of his first marriage.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Please provide me all type of sections to register a case in detail,is their option to collect rents from our home
You can lodge a police complaint for the offences of polygamy.



recently we sold a land which is registered on me for our educational purposes but my dad taken half amount by cheating me this land is purchased by our grandmother but registered on me is their any option to recovery to get my money back. 
Issue a legal notice and demand the money taken away by him by cheating you all.

. Recently we purchased some land by me if we file for partion for my grandfather property is there any chance to my father,his 4th wife to appel to get which I recently purchased property
No, the 4th wife has no rights in it.



Is there any right to appeal for partition to his 4th wife and his family members etc.
NO

T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Hi, you can lodge a police complaint through your mother against your father for bigamy and also under section 498/A IPC, as per law Hindu can't marry a second marriage during the subsistence of first marriage.

2. As far as property is concerned you have to file a suit for partition of your share in the property as against your father.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Why would your education suffer if you launch his criminal prosecution for bigamy? Your mother can file a criminal case for bigamy against her husband. Your mother can also file a case for maintenance to make your father financially liable to support her. In so far as the property of your grandfather is concerned you do not have any share therein during the lifetime of your father. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

Although no case for partition is made out in so far as the properties which your father has inherited from his father are concerned, but if you file a lawsuit for partition it will not result in forfeiture of title with respect to the property which you purchases.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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