Father had no legitimate sons - very urgent please
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
Hello Advocates,
Seek advise.
My father has married first wife after 1955 only.
As he does not like her and issue less.
He decided to marry and married second wife and blessed with two Sons.
Then Father died.
So, in this situation where the first wife does not have sons( No Legitimate sons) and only sons born out of Second wife (Marriage was happened as per Hindu customs) shall become Coparceners properties held by father (only property comes from my Grandfather upon death as inheritence)
Pl. advise in this situation where there are no legitimate sons...any special clause that, the sons born out of second valid marriage can be coparceners.
Pl. suggest the latest decesions on this.
It is very urgent please help.
Thanks in Advance
Regards
Ramakriishna.
girish shringi
(Expert) 06 September 2011
Ramkrishna,
No confusion about coparceners,as the Law is clear that any child born by any female by the male is having right as a coparceners.
While in your case it is legitimate child and marriage.
girish shringi
(Expert) 06 September 2011
Ramkrishna,
No confusion about coparceners,as the Law is clear that any child born by any female from a male is having right as a coparceners.
While in your case it is legitimate child and marriage. check it that the first wife did not objected and present in the second marriage.
R.Ramachandran
(Expert) 06 September 2011
Dear Mr. Ramakrishna,
You raised this query in http://www.lawyersclubindia.com/experts/Share-in-the-property-223291.asp and got the answer.
Why are you unnecessarily posting the same query in different threads?
What is the idea?
I THINK YOU ARE MISUSING THIS FORUM. BETTER STOP SUCH MISUSE.
R.Ramachandran
(Expert) 06 September 2011
Dear Mr. Girish,
You are horribly wrong in your answer.
According to the querist, he is an illegitimate son. He wants to know whether they are entitled to share in the ancestral property, especially in the absence of any other legitimate son(s).
Without appreciating the fact that the querist is an illegitimate child, you say that "the Law is clear that any child born by any female from a male is having right as a coparceners. While in your case it is legitimate child and marriage. check it that the first wife did not objected and present in the second marriage."
You should know that even if the first wife consents to the second marriage, still the second marriage will be invalid and the children born through the second marriage would be illegitimate children. As law stands today, illegitimate children are not regarded as "coparcenars".
