partition
mahesan
(Querist) 13 October 2014
This query is : Resolved
A have ancestral property. A died few years back. A have two wives. A married second wife consent of firstwife. No children for first wife. Second wife had one son. Second wife's son what share entitled in A's property?
R.K Nanda
(Expert) 13 October 2014
how A got said property and from whom?
Guest
(Expert) 13 October 2014
A's Property should be divided in to 3 share and First wife,Second wife and Son would get 1/3rd share Equally.
ajay sethi
(Expert) 13 October 2014
second wife would not be entitled to any share in A property as the second marriage has taken place during subsistence of earlier marriage . only first wife and second wife son would be legal heirs
Rajendra K Goyal
(Expert) 13 October 2014
Second marriage may not be legal without divorce to first wife.
First wife and children of second wife would inherit the property.
Anirudh
(Expert) 13 October 2014
Dear Mr. Mahesan,
1. First one has to conclusively come to a conclusion that the property in question is 'ancestral'. As of now, I am not sure as to on what basis you say that the property is 'ancestral'?
2. Please give the complete history of the property from where it came, how it came, in whose hands it came etc. - This is necessary to determine the property is 'ancestral' or not.
3. Assuming that the property is 'ancestral', the property in the fact situation given by you will go in its entirety only to the first wife and nobody else.
4. In case it is a private property (i.e. not ancestral property) in the hands of "A", then the property will go in equal share between the first wife and the son through the second wife.
YOU WILL PROMPTLY GET ADVISE FROM THIS LCI FORUM TO CONSULT A VERY GOOD LOCAL LAWYER / TAX CONSULTANT / OTHER EXPERT. PLEASE DO SO.
Guest
(Expert) 13 October 2014
Dear Author, " A married Second Wife with the Consent of First Wife"Obviously she is also entitled for Equal Share in the Property.Please also Consult your Local Advocate with all Documents/Evidences.
Anirudh
(Expert) 13 October 2014
Dear Mr. Mahesan,
Only if the marriage had been performed prior to the coming into force of Hindu Marriage Act, 1955, the second marriage is valid - OTHERWISE NOT - whether with or without the consent of the first wife.
The law in this regard is same - whether it is interpreted by an Expert here - or a local lawyer or an international lawyer.
AS ALREADY INDICATED IN MY EARLIER REPLY, YOU WILL PROMPTLY GET ADVISE FROM THIS LCI FORUM TO CONSULT A VERY GOOD LOCAL LAWYER / TAX CONSULTANT / OTHER EXPERT. PLEASE DO SO.
Guest
(Expert) 13 October 2014
Dear Author,"A had married Second wife with the Consent of First Wife.First Wife Do Not have Children" which could be a valid reason for his Second Marriage.Because of Good Faith and Understanding they would have avoided the Divorce of First Wife.For this Reason the Second Wife Can Not be Treated as ILLEGAL.Second Wife Can not be left on the Street after the demise of her husband.She should be given Equal Share in her husband's Property.
Advocate Bhartesh goyal
(Expert) 13 October 2014
Mr ajay sethi & Mr Anirudh are absolutely right.second wife during the subsistance of first/earlier marriage is not entitled to get any share in questioned property.first wife and son of second wife are entitled to get equal share in property.
Guest
(Expert) 13 October 2014
It has to be considered more in Humanitarian Grounds. First Wife had given her consent for the Second Marriage of her husband. Second wife did not insist or pressurise her husband to divorce his first wife.First wife was not having any children Still her Status was maintained.Now after the demise of her husband second wife should not be treated as illegal and she should be given equal share for her livelihood.
Anirudh
(Expert) 14 October 2014
Yes Mr. Bhartesh Goyal,
That is precisely the position of law which I read and understood.
Guest
(Expert) 14 October 2014
Dear Author,Only for these Reasons In Court there are Provisions called "Discreetion Of Judges" Irrespective of what is there in Law Books.
mahesan
(Querist) 14 October 2014
Property is A's father self acquired property. Thanks ffor all reply
Guest
(Expert) 14 October 2014
Welcome Please
