Legal Question in Real Estate Law in India

we are 2 brothers of first wife of my father. father says you dont get anything from me & he wants to give everything to 2nd wife. what legal steps i can take as biological son to fight for my rights related to property


Asked on 3/04/10, 8:47 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

when did your father get married. if it was after 1955, the second marriage is void but in case the property is self acquired by your father, then he can bequeath the same to anyone including the second wife, even though the marriage is void. in case it is an ancestral property, then only the children of void marriage are entitled to a share after the property is partitioned.

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Answered on 3/04/10, 10:34 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

He is right, if the property is made by him from his own income. Your rights start only in property inherited by your father from his father/fore-fathers.

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Answered on 3/05/10, 11:07 am


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