Can son from first wife claim share in father's property

Hi, My father married to my mom in 1983/84 and soon after few months, he left her and send it back to my maternal family. Then he married again without giving divorce to my mom. I was born and brought up in my maternal family and they did not raise any case against my Father's family. When i turned 18 my father's family took me and my mom back to their place but things got worsened and i returned after 3 years (it was back in 2005). Then i came to Delhi and currently working in one of the corporate. Need to know if i can claim on properties my father own or is it possible to ask for a lump sump amount which may compensate the share i might have had in his properties.

Answers (3)

77 votes

Yes, you have equivalent share in the ancestral property from your father's side since your father had 1st marriage with your mother and hence she is a legally wedded wife and your father without even divorcing her married some other woman which is as per Hindu Law is a voidable marriage since the marriage commenced in 1983/84 i.e., after the commencement of Hindu Marriage Act, 1955 it was held that without giving divorce, second marriage is unlawful and void. And hence there is no existence of such marriage. Hence you and your mother are the rightful heir of the Ancestral property of your father's side. so you can easily claim without any second thought. But in case of the Self acquired property of your father, it depends on him that to whom to give such property and you have no personal right to claim so. so he can name such property on your name also or in the name of some other property.

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298 votes

Being born in the Hindu family gives one a right in the Joint family property (coparcenary property), this right can be exercised by filling a suit for partition.
The fact that you have been away from your father and your home does not take away your right or disentitle you in any manner from claiming your share in the joint family property.
Secondly, regarding your right in your father's property (father's self acquired property) you do not get such a right by birth. Your father is free to dispose it off in any manner.
Now you can file a suit for partition claiming your share. By filling the suit you will acquire leverage and then you may also ask for the lumpsump amount.

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266 votes

Yes you can very well claim your maintenance because of the law through which you are governed.....
for rest of the issue you can meet us in chamber
or you can call us...
If you are hindu then you will be governed by hindu law .

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