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illegal claim of a lady as 2nd wife to diseased father, rights of son


12-Jan-2023 (In Property Law)
I am the only son of my late parents. My father did not work for more than 30years as my mother died in accident i was 8 yrs old. my mother was a Government employee. now recently my father died. now some lady claiming herself as second wife sending legal notices to claim movable and immovable properties of my mother and maternal grand mother and all the death benefits from transport and her department, insurances, site etc of my mother who was a Government employee maintained by my father. he received family pension till his death. She herself is a rich spinster no children having two house, Government pension, agricultural lands etc. I just want to claim legal rights. Still if she goes cruel can I claim her property as she is childless and has fabricated documents as second wife to my father. please advice.
Answers (2)

Answer #1
737 votes
First of all other than under Muslim law second marriage is not legal in India. Secondly even if they got married after your mother's died proper evidence need to produced stating about the marriage of her with your father. Thirdly since you are the legal heir of your mother's and father's property (whether moveable or immovable) the title of all those property will get transferred in your name under law Fourthly even if the lady tries to threaten you then the burden of proof of proving the marriage and getting the share in the property will be on the lady itself.

You need not to worry.
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Answer #2
922 votes
The lady can't claim any of your mother's property at any cost as per law. Coming to your father if she has a evidence to prove that she is a legally wedded wife of your father after your mother's death then ofcourse she can claim rights in your father's property
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