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What are the rights of wife and children of 2nd marriage of hindu man
24-Jun-2023 (In Family Law)
I am a hindhu religion, my husband is illegally married a woman who is a prostitute and has her own children who r not born to my husband ,he is in relationship from past 7 years , her children r aged 15,and 23 two sons,he is spending all property incomes to their family ,his age is 54 yrs he has his own daughter's from own wife age 27 and25,unmarried, I want to know if the second illegal wife or children have any rights on property which is ancestral ? He has no property in is name all property has been sold ,and bought new property in daughter's name .He's threatening us if we don't give him the whole rental income .He has all bad habits alcohol and smoking ,gets drunk to fight ,and has severe health problems.What to do?
Madam, if the property is in your daughters name he can't change the same and the right will continue unrill its trans fed , the second wife has stated by you will not have any Right has they have not married, but children's if belong to your husband can claim the right over his share in the property.
Helpful?
Adv. Arvind Singh
Bangalore | 100+ Answers
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Hi,
You may consider the following options,
1. The first being that you may approach the State Commission for Women/ Police helpline seeking protection from any kind of physical or mental abuse which you and your daughters are subjected to by you husband.
2. You may also to secure your and your daughters future seek maintenance from your husband for which you have to file a case in the court and provide all documents showing whats the income of your husband, you may get a maximum of 25% of the total income which your husband is currently earning.
3. Further you may also explore the option of partition wherein you and your daughter would be entitled to have the share in all the ancestral properties.
There are chances that if your husband can show that new property which was purchased was funded by the funds which he got from sale of the ancestral property, he may still have right over such property.
You may consider the following options,
1. The first being that you may approach the State Commission for Women/ Police helpline seeking protection from any kind of physical or mental abuse which you and your daughters are subjected to by you husband.
2. You may also to secure your and your daughters future seek maintenance from your husband for which you have to file a case in the court and provide all documents showing whats the income of your husband, you may get a maximum of 25% of the total income which your husband is currently earning.
3. Further you may also explore the option of partition wherein you and your daughter would be entitled to have the share in all the ancestral properties.
There are chances that if your husband can show that new property which was purchased was funded by the funds which he got from sale of the ancestral property, he may still have right over such property.
Helpful?
Adv. Naman Saraswat
Bangalore | 25+ Answers
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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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