LawRato

Rights of the first wife and children over father's property


28-Dec-2023 (In Family Law)
My father ( hindhu rajputh singh from jharkhand ) and mother ( converted christian from SC from Kerala ) has married on 1994 on the presence of 6 witnesess by signing in a letter pad of arya samaj mandir in Noida sector 22.My parents lived together for 15 years ( 12 years in Noida , 3 years in Kerala)as husband and wife and have two children me 22 yrs , and my sister 13 yrs.Father had destroyed or hided that signed letter pad of arya samaj and didn't registered the marriage. Later he went absconding and now heard that he had married ( wether registered or not) another women and have two children in a good status. can we get rights on our fathers property and income? Are we legitimate children ?, can our mother get the dignity and right of first wife ?can we get maintenance according to our fathers present economical status and income ?we have lic policy , esic policy , pan , photos , school certificates, birth certificates etc as proof other than a registered marriage proof .
Answers (2)

Answer #1
668 votes
A wife and A legitimate or illegitimate minor child is entitled to get maintenance from his father..So your sister can file petition for maintenance under Sec.125 of Cr.P.C.

For giving an opinion about your right over the property of your father, more datas/details regarding the marriage is necessary...
Helpful? LawRato LawRato
Answer #2
931 votes
No, you are not the illegitimate children. Being grown up, you cannot claim any maintenance; but your mother and sister can. There cannot be claim to his self-earned property during his lifetime. Please ascertain whether there is any ancestral property. However, the whole course of action requires meticulous planning.
Helpful? LawRato LawRato

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."