- This topic has 7 replies, 7 voices, and was last updated 1 year, 1 month ago by
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B**My Dad now 70 years old Married another women in 2010 when I was 23 and as my Mom passed way in 2004 .But that other women is not staying with my dad she is 1966 born .**
**Also that other women dad 2nd wife is government school teacher shall retire next year.**
**So my question is if my dad divorce that women .do he have to give any alimony or not as she is working .and not even 1 month stayed with dad on for medical benefit married and only after getting healthy stayed away from dad .As dad working in PSU and took her to Bangalore for medical treatment and after she became healthy left my dad .in last 15 years not even stayed 3 months .And dad only cook food and do house hold work .**
**Another thing that that dad 2nd wife during married with dad had hidden the fact that she had earlier married she is Roman Catholic and had divorced her 1st husband (but in Roman Catholic church divorce is not permitted) .And we are Protestant .(Christian)**
**Another question is after my dad passed away is she entitled 1/3 or property or not .because i had another elder brother .If she is entitled 1/3 of property the is injustice as we stayed with dad for 40 years and that women tricked my dad into marry and would get over 33 lakhs as 1 crore corpus dad has retirement money and assets .**
**Basically 2 Question**
**I want my Dad to divorce that lady**
**2nd question .after my dad pass away that lady what she is entitled to any benefit and any way to strike off her name from acquiring dad assets or so .**
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BThe property will get equally distributed between all the children and wife
So, if u r the only child of your father then the whole property will be divided equally between u and your step mom
But that’s only for the ancestral property, the money and property earned by you father and not inherited from his ancestors can be given to anyone he would like
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Bmeans Just one piece of paper she takes away 33 lakhs or more and house and all hard work money without having any kids only stayed for hardly 3 months and since 2017 stopped coming to house even on Christmas holidays and dushera holidays even didn’t inform about her father passing away ( my dad new father in law) .
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QNAL..
OP, take help of a lawyer and get your dad to make his will and leave everything property, assets, cash money, FDs, bank accounts, etc to you and your brother and have him exclude his 2nd wife. Also get the will notarized. Also at the same time, get a lawyer to get you and your brother legal documents identifying you both as rightful legal heirs of your father. Get this notarized as well for extra measure. Keep the will and the legal heir documents safe in your possession or in a bank locker.
Do this without letting your stepmother and or her relatives/friends/well-wishers/acquaintances knowing about this and this includes your side as well.
DO NOT let your father proceed with divorce proceedings as this will not go in your favour and the 2nd wife will claim for your dad’s assets, home, property, money, etc. as alimony/maintenance/living expenses.
The courts in India hardly ever favour husbands in a divorce case.
After your father passes away, you can leverage his will to get your inheritance.
I would also advise you to consult a good lawyer with a proven track record specializing in property and inheritance cases in case your stepmother challenges the will in court.
Hope this helps..
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SAsk your dad yo make a will before even dealing with the second wife. Will should be anonymous. If she comes to know that you are trying to get everything in your name she will file for divorce and try to grab everything. If possible avoid divorce and stay separately and wait for demise then WILL will get activated and everything will be in your name. Without a will if dad passes away she can stake a claim. Also in divorce case she can stake a claim. So just make a will , keep it anonymous and let them live separately without official divorce.
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