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Snehal Jayant (Manager)     18 April 2012

Rights of children from first wife

Dear Sirs,

This is a case about property rights. Mr. "X" remarried after his first wife's death in 1989 (remarrriage 1992) He has three sons from his first wife and no child from the second. Mr. "X" expired in Jan-2012. He had a house built in 2003  which was in his own name. And 2 plot of lands purchased in 2002 which were jointly held by Mr."X" and second wife.

Please advise the position of rights in regard with the house.  Kindly also advise, can the three sons claim their right on the plots?

regards

Anirudh



Learning

 4 Replies

H. S. Thukral (Lawyer)     18 April 2012

All the three sons along with second wife shall have one share each in the house. Regarding plots the share of the deceased shall be divided among four.  It is suggested that in the partition suit sons should  ask for equal share i.e. 1/4 from the plots with pleadings that the inclusion of name of the wife with the deceased in the plots titles was benami. 

Rajesh Hazra (Mediator and Legal Counsel )     18 April 2012

I do not think this query belongs to this section of Intellectual property. 

Rajesh Hazra (Mediator and Legal Counsel )     18 April 2012

I do not think this query belongs to this section of Intellectual property. Please check.

NIDHI JAISWAL (Assistant Registrar (Legal) )     25 April 2012

I am also in opinion of this query does qualify matter of Intellectual of property rights


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