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Father given all rights to second wife and their children what to do


05-Apr-2023 (In Family Law)
My father has done 2 marriages. I am the son from the first marriage. He was a government servant. He has given all the legal rights to second wife and children. On all the legal documents there is name of second wife and children only. How can we get our legal rights in this situation?
Answers (3)

Answer #1
895 votes
If you can prove yourself to be the son of your father from his first wife (ur mother) then you can file a suit for declaration of your right because u r a legitimate son and it is ur legal right to inherit the property of your father
Answer #2
815 votes
Sir it's a matter of discussion and for that you have to talk to us.
In such matters there are so many ways for you to get your right as such kind of an act by your father is illegal.
Though you have not mentioned the second marriage was solemnised after divorce or without taking divorce and the detail of the property of your father, whether self earned/parental.
But you will be given your right for sure.

Nitin Kant Ahluwalia
Advocate Meerut
Answer #3
998 votes
Jsut challenge the second marriage of your father and get it declared Null and void as he was already married as per Hindu MArriage Act.

And file an objection in the required places regarding the same where ever your father has nominated the second wife as legal heir.

Further meet me with all the documents for better and fruitful advice to save your self and get your rights restored.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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