Ancestral property case (hindu law)

sa7124 (Querist) 16 October 2014 This query is : Resolved
Sir/Madam,
A person married without giving divorce to her wife and living separately from 9 years and isn't giving any maintenance to his children and wife.The ancestral property is divided among son's equally.A part of share is sold by the person without knowing to his wife or children.So the children(son and daughter) being major filed a case against father for share in ancestral property.

Is it correct to file a petition in the same case by his wife asking for her share from husband's share and if she can claim then,what is the percentage of share she may get after partition from husband's share.

Please answer to my query and give suggestions to proceed further according to Hindu Law.

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Anish Thakur 7018812737 (Expert) 16 October 2014
Wife dont have any share in the ancessostral property while husband is alive although sons and daughter i mean children can claim their right in the ancessotral property and can also seek relife of declaring sale deed done before as null and void as the property was uncessotral and still HUF.
Feel free to call if you left any query in mind.

ajay sethi (Expert) 16 October 2014
what basis you say property is ancestral . please clarify

Rajendra K Goyal (Expert) 16 October 2014
First confirm whether the property is ancestral or not ?

If it is ancestral wife has no share in the property and if it is self earned by husband wife can claim only if husband expires without leaving a will / intestate.

J K Agrawal (Expert) 16 October 2014
I go with Mr Thakur.

Devajyoti Barman (Expert) 16 October 2014
Yes, agree with expert.

malipeddi jaggarao (Expert) 17 October 2014
I too agree with Mr.Thakur.

T. Kalaiselvan, Advocate (Expert) 19 October 2014
The deserted wife has no claim in the share of her husband's property during his life time, though her children are entitled to a share out of their father's share in the ancestral property he inherited.

Guest (Expert) 19 October 2014
Dear Author,The Experts had clearly advised you for your Query. In addition the Second Marriage is not Legally valid and the Mother could Serve a Legal Notice regarding the same with out saying they were seperated for 9 years and recently had come to know the same.A remedy would come automatically.

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