Second wife Second wife

3 years ago

My parents were living seperately and in 2015 my father passed away leavinge behind. Before he passing away he married another women and that women was already married and did not divorce her first husband. And with my father she has a son. We put the case in court for his service benefits since he was an govt employee. And after fighting for so long we came to a conclusion that pension nd service benefits for her and govt job for me and my mother dint want to take anything. And my father's father own a agriculture land and she wrote in seperately outside the court that land should be given to me and my mom and she and her son don't have any right. Since we have her pension. She signed in sub registrar notory paper. Now she sent a affidavit through her advocate for partition of the land. What should I do.? Second marriages and their children are becoming an headaches for the first families like us. We are suffering alot coz of this people. My mom gave her pension on humaritian grounds now she wants everything. Why this seconds wives spoiling our lives

Anish Palkar

Responded 3 years ago

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A.It is not very much confirmed if your father's second wife was staying with the first husband or no. Further, there is no confirmation that the son from the second wife is of your father or her previous husband as the legal DNA test has not been done. You will have to ascertain the facts based on the DNA reports whether he is the son from your father. Require more details regarding this case.
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ADV. ANISH PALKAR (High Court)
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Meenakshi Periyahkaruppan

Responded 3 years ago

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A.Were your parents divorced or not? Since from your explanation, his second wife not divorced her first husband so she cannot become your father's legally wedded wife, but the son born to her is one of the legal heir of your father along with your mother and you, so he has a right over the ancestral property .
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Anik

Responded 3 years ago

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A.Hi,
More information is required regarding the fact whether divorce was done before the second marriage or not, so that we can advice you properly.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Kindly provide more information regarding the agreement that was signed between your mother and the second wife of your father.
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Advocate Niyas Fazal A

Responded 3 years ago

A.As per your inputs your 2nd marriage is was bigamy and void marriage she has no right over your father property but her son has right over property.
As per my knowledge notarized document can if there cancellation clause.
For more openion, have to notarized document and lawyer notice.
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