Ill legal wife rights on ancestral property
gowri sankar SANKAR t
(Querist) 29 December 2024
This query is : Resolved
my uncle married another women with out giving divorse to first wife and first wife as one girl child and second wife dont have any childred. mean while my uncles mothers written a will to ill-legal second wife of my uncle where as the will property not her self acquired rather it is ancestral property,in this scenior what is property rights of first wife and first wifes daughtor
kavksatyanarayana
(Expert) 29 December 2024
An illegal wife has no rights over ancestral property. But your uncle's mother has no right to execute a will unless the share of property is determined by a partition deed.
T. Kalaiselvan, Advocate
(Expert) 30 December 2024
If your uncle's mother inherited the property as per her rights then it is no more an ancestral property and it becomes her self acquired property hence she can transfer it to anyone of her choice and in any manner that is valid as per law.
Nobody can question or challenge the said transfer.
Sudhir Kumar, Advocate
(Expert) 30 December 2024
fully agreed with Mr Kaialaiselvan.
You have not stated if the property is ancestral or not.
Dr. J C Vashista
(Expert) 30 December 2024
I concur the opinion and advise of learned expert Mr. T Kalaiselvan, it is self-acquired property in the hands of mother, even if it was ancestral, accordingly she is competent to dispose it as she desired.
