Do the illegal second lady's son have share in my father's ancestors property !
Guest
(Querist) 25 August 2011
This query is : Resolved
Dear experts,
My mother is the first and legal wife of my father. My mother has 3 children (2 Sons and 1 daughter(myself)). After I born,my father had illegal relation with a lady. She has 2 Son's now. Already the second lady acquired few properties to her name from my father.
My father had a property in our native village (Dindigul, Tamilnadu) which is ancesteral origin and he gave that small property to me 2 yrs back.
The Second lady is coming to that village and telling that she and her two sons also have share to that small property.
I need to know , whether Children of illegal women will have share of my ancestors property eventhough its in my name.
Also is my father's second family is legal? Since he dint get any divorce from my mother? I like to know what the Law says about illegally marrying a lady when First wife is alive? Also we need our father.
Kindly waiting for ur reply.
R.Ramachandran
(Expert) 25 August 2011
If it was ancestral property, then the children of the second wife cannot claim share in the same.
However, very recently, the Hon'ble Supreme Court is of the view that the such children should get a share in the 'ancestral property' also. However this was only an observation by the Supreme Court and was not a final verdict.
As things stand today, the children of the second wife are not entitled for any share in the ancestral property of their father.
Guest
(Querist) 25 August 2011
Thank U so much for ur reply.I just need to take some steps to avoid their invention anymore.
M.Sheik Mohammed Ali
(Expert) 25 August 2011
yes very perfectly reply Mr.R.R, i do agree expert query reply.
Sankaranarayanan
(Expert) 25 August 2011
yes mr Ramachandran's explanation is absolutely correct .
Guest
(Querist) 25 August 2011
I also wish to know whether the children of second wife can claim my father's owned property?
If so, what we need to do?
prabhakar singh
(Expert) 25 August 2011
YES, the children of second wife can claim the share in the self earned property of their father or in a share exclusively allotted to him which he leaves behind him dying intestate.
Guest
(Querist) 25 August 2011
Ok sir ..Thanks for ur timely reply.
sanjeev murthy desai
(Expert) 28 August 2011
Dear members please go through the Revanasiddappa & Anr. Vs. Mallikarjun & Ors. on 31 March, 2011.
