Legal Question in Civil Rights Law in India
Dear Sir
My mother(+56) has Filed the Following Cases against my father(+62) who is denying having any relationship with us but we have all the evidences like id and address proof and 125 CRPC order in favour of my mother.
1).DV Act case under which R.O. has been granted in my mother till the disposal of this case and my mother has also applied for monetary relief of Rs.7000 which is still pending in court under this DV Act.My father (+62) is denying having any relationship with us as he is totally in control of his mistress .
2).My mother has also filed one case for maintenance on charges against my father in law in which she has got stay on a plot of land not to be sold to anyone which is the only plot left in our ancestoral property.
My mother stays ill these days and there is uncertainity about her life and also my father is a heart patient and there are chances that both of them can die any time but my father is making it longer as he is totally in control of his mistress.Bother the above cases are pending in the court only dates are given on dates these days.
What will happen in both the above cases if my father dies during the course of this case or vice versa i.e. my mother dies during the course of the above cases.
Can i do something to protect my interest . I am 32 male the only son of my father and mother.
1 Answer from Attorneys
Sir, if your mother dies the maintenance order gets extinguished and if your father dies you and your mother will have equal share in the property of your father. Further if there are an issues (children) from the mistress than they will also have the share in the property but the mistress will not have any share. And strict proof of marriage is not required and the documents which you have are sufficient to prove the marriage of your mother. Please see that if the property is self acquired property of your father than no will etc is executed in favor of the mistress of your father if it is executed than the property will go to the mistress.
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