Can 2nd wife with daughter claim property of demised husband
Querist :
Anonymous
(Querist) 31 October 2018
This query is : Resolved
Can 2nd wife with daughter can claim property of demised husband as 1st wife is issue less and 2nd wife is married with 1st wife and families consent.
Vijay Raj Mahajan
(Expert) 31 October 2018
On death of Hindu man who died intestate without making any Will, his property shall devolve to his wives, mother and all children. His both wives get 1/2 of 1 share each and 1 share goes to his only daughter, his mother if alive gets 1 share.
Querist :
Anonymous
(Querist) 31 October 2018
Is this a law and can it be done legally.Is some section of law to support this.My husband had married his 1st wife by marriage registration in 1988 then as 1st wife was issueless he married me with hindu customs with consent of 1st wife and family.We have
a ten yr old daughter.My husband passed away at age of 55 recently.I want to know what are mine as well as daughters right on his owned and ancestral property.
Kishor Mehta
(Expert) 31 October 2018
Since his first legal wife was alive and he had remarried without a legal divorce his second marriage is illegal and null and void, and the second wife has no legal claim on his property. The property shall be divided equally between his first wife and the daughter of his second wife, If his mother is alive the property will be divided in three equal shares.
Dr J C Vashista
(Expert) 01 November 2018
Anonymous author is not obliged by experts as per rule of this platform.
Kumar Doab
(Expert) 01 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 01 November 2018
Your replies after posting query indicate that you seem to agree that all involved i.e. deceased husband as in query ...are Hindu.
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
Is there any custom ( valid/proven) in community say of deceased that one can remarry during the lifetime of 1st wife?
Was marriage with you as per customs of community/applicable personal law?
The said property in the hands of deceased was of which nature; self earned/acquired, ancestral?
While the child/ren fathered by deceased may get share the 2nd wife may not!
Kumar Doab
(Expert) 01 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and resolve the matter and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
If a dispute has already cropped in then you may seek help from LOCAL counsels.
Kumar Doab
(Expert) 01 November 2018
You may understand the procedure!
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Take LOCAL help.
