family disputes
harish
(Querist) 26 November 2009
This query is : Resolved
my husband left some properties and died in the year 1970 after the death of my husband my husband first wife childern sold the property without our knowledge and i am the second wife legally and i have got 3 childrens and the property is sold in the year 1970 but i came to know now in the year 2009 so what is the procedure to get my share and my 3 children share in the propertry plz sugest me
Devajyoti Barman
(Expert) 26 November 2009
You being the second wife have got no share in the property though the children with you are your husband's legitimate children and they have got equal share in the property with his first wife and their children . However nothing could be done with the house sold way back in 1970 though your children can sue their half brothers for the amount of money in terms of their share in the property.
adv. rajeev ( rajoo )
(Expert) 26 November 2009
being a second wife you cannot get share in the properties of your husband but your 3 children will get share in ur husband's property.
It differs if you are Mohd.,
adv. rajeev ( rajoo )
(Expert) 26 November 2009
property is sold in the year 1970 which came to your knowledge recently. Your children will have to file a suit for partition and separate possession of their share.
The share of the Ist wife and her children will be adjusted to the already sold property and your share will allotted.
Sachin Bhatia
(Expert) 26 November 2009
Your children will have to file a suit for partition and separate possession of their share.
Poonam Upadhyay pathak
(Expert) 26 November 2009
Being a 2nd wife u dnt have share, but ur children will have a share in the property so they have to file a suit for partition.
harish
(Querist) 27 November 2009
why in her husband property property second wife dont get her share and second wife is still alive
Poonam Upadhyay pathak
(Expert) 27 November 2009
Mr. Harish, second marriage is not allowed by law, and therefore it is not considered as a valid marriage. And for this reason second wife is not a legal wife but the children born out of such wedlock get the share in the property.
But if the first wife is dead then second wife will get the share in the property as then she is legal wife.
Gulshan Tanwar
(Expert) 18 July 2010
Second wife is entitled to get share as per the dictum of the SC; as in the words of the supreme court " when you have played the guitar, now face the music" still the debate is going on in Delhi Courts and Judges are giving in favour of the second wife.
Even in proforma of the Judges,there is a mentioning clause of second wife and her rights to claim in GPF etc on the account of the death of the person in service.
