Legal Question in Real Estate Law in India
My dad left my mother when my brother was 5 and I was 3 years old.Since then after being abandoned by him, we lived with our maternal grand parents and my mother has been working for survival since then.My father got married to someone in the hide and now has a son 18 years old.he has bought them a house, without ever supporting us.Now he is about to inherit my paternal grandmothers property.He had commited that he will divide his share into two halves equally.But now as the date is near to get the dues, he is now backing out.Please let me know how can we get our rights as we have been the oly legal family our paternal grand parents accepted.Also my mother needs financial help as we have no home of our own.I have financed my own marriiage and we are struggling for survival.Please suggest on legal terms
3 Answers from Attorneys
If the second marriage was without dissolution of first marriage as per law, then your mother may seek his criminal prosecution; she may also claim maintenance and damages under D.V.A.
the best way is to settle the matter amicably by making your father understand that he is responsible towards both the families. in case he does not pay heed to your request, you may file a suit for partition with regard to the property of your grand mother and seek equal share for yourself, your brother and your mother.
there are several ways in front of you your mother can directly file a criminal suit and prosecute him or claim maintenance you and your brother can claim share from his property
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