LawRato

My dad married another lady without taking divorce what to do


01-Aug-2023 (In Divorce Law)
my dad married another women before 9 years without taking divorce ..my mom and my sister are handicap ..we have 1 house that is in the name of my dad..now if my dad wants to sell this house or else if he wants to give share to 2nd wife what action we can take and also she has one kid....for my family we dont have another means or source of property....so please do suggest me on this
Answers (3)

Answer #1
567 votes
dear Sir/Madam,

The First wife has the legal right to the property that belongs to your dad. however, it is also important to note that your dad is liable to maintain his 2nd wife as well as his child from his 2nd wife. the option you have is to file an O.S. before the court of law in order to make sure that even you are given equal share in the property by your father.
Answer #2
770 votes
The first wife can file a case of domestic violence, claim for residence, maintenance, take orders not to transfer, alien the said properties, further the sons can claim a share in property if the property is ancestral, further the second wife is not a wife and would be a kept mistress, hence the first wife is required to get orders not to transfer the property if there is apprehension that the properties whether movable or immovable are likely to be transferred. Good day
Answer #3
976 votes
Dear friend,
Actually it's been too late as far as married is concern ,but yes your mom can have the property and house as you mentioned if it's in his name or belong to him,but again you have to fight a battle legally which might be tough for you .I suggest first talk in you family and make up your mind what you need to do ,then contact me.Adv pankaj Kumar.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."