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Author Topic: validity of second marriage with first spouse living and rights of second spouse  (Read 1560 times)

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Offline sam123

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i'm 27 years old recently married guy. my mother is govt. employee but taking treatment for psychiatric issues(minor symptoms of shizophrenia or it may be just the side effects of the medication she's on) since 20 years.she lives alone in my hometown and i'm govt. employee living in other town. father was a central govt employee and was an alchooholic. he married a minor girl some five years back and he died 7 months ago leaving 2 girls behind from second spouse who is of 20-21 years of age.

1. does she have any right on my father's property?
2. she has sent some legal notice via some advocate due to which my father's fund and other proceedings are at hault. what can be done?
3. the papers of my house where my mother lives, are known to be submitted in factory while taking loan from either employee credit society or fund and can't be retrieved till his dues are cleared in his factory the process of which is stuck due to notice. what can be done to retrieve the papers of my haouse and to transfer it to my mom's name.

Offline saravanan.s

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the second marriage though illegal the children born out of the wedlock can claim share in the ancestral property and self aquired property (if he dies intestate)
as far as the legal notice take the help of a lawyer and give a suitable reply to it

Offline advkartik

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Reply to a legalnotice required skill, you need to make sure you don't land up giving your defence. So go to a good lawyer.

Offline sam123

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1. as i am told by father's friend, there's a nptice (which i hvnt personally seen) due to which no factory order has circulated and hence interest on the loan taken by him earlier by gpf and employee credit society is increasing and thus will add up to his remaining fund and gratuity if nothing is done.
2. if i go through a lawyer, m afraid as per law i'll have to fight for the only house i have and in which my mom lives.
3. plz suggest me the way by which i can retrieve the money and thus the papers of the house that are said to be submitted in factory(this also i doubt but i don't know how to be sure of it as his colleagues ain't supportive )

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