Right of illegal wife & children in ancestral property
chandrakant singh
(Querist) 01 June 2012
This query is : Resolved
My father had two wife.
I am only son of 1st wife. I have three sisters. [4 child of 1st wife]
My father married again in 1960 [3 sons 1 son =4 child of 2nd wife]without obtaining any Divorce from 1st wife.
Both wife lived together with my father till his death in 1988.
Both wife are alive at present
My father died intestate in 1988
Pl Let me know
[1] Is my step mother (2nd wife, illegal marriage)have any right in Property?
[2] Do illegal children 4 of 2nd wife have any right in ancestral property of my father
[3] Or only myself (or my real sister) have right in ancestral property of my father??
Shall I go to civil court to evict them??
I am in Mumbai, The Property in U.P.
ajay sethi
(Expert) 01 June 2012
your step mother ie second wife would not have nay claim on the poperty . but her children have equal share in property .
they have all lived peacefully for 50 years . dont evict them . in anyc ase the second wife children have share in father property
Deepak Nair
(Expert) 01 June 2012
Your step mother has no right on the property, but her children have same right as that of you in your father's property.
R.K Nanda
(Expert) 01 June 2012
Agree with experts.
Shonee Kapoor
(Expert) 01 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 01 June 2012
Dear Mr.Singh,
1. Second Marriage is void - however even children of void marriage are considered to be legitimate and inherit equally with you.
2. Father's second wife won't inherit.
Adv Archana Deshmukh
(Expert) 01 June 2012
@ chandrakant singh,
You and your real sisters have share in the ancestral properties of your father, while your step siblings shall inherit the self acquired properties of your father along with you and your sisters. Second wife shall not inherit.
Anirudh
(Expert) 01 June 2012
First one has to know whether the character of the property is really 'ancestral' or not.
Many persons make a mistake to call any property 'ancestral' without even really knowing the legal meaning of the term.
However, assuming that the property is 'Ancestral', since your father died in the year 1988, your sisters are not entitled to any share in the same since they are not co-parcenerars at that point of time.
Therefore the property left behind by your father will get divided in the following manner.
1/3rd to your deceased father
1/3rd to your mother
1/3rd to you.
The 1/3rd share falling to your father has to be divided equally between:
your mother, you, your three sisters, and your four step brothers/sisters.
In case the property is NOT ANCESTRAL, then the property will have to be shared equally between your mother, you, your three sisters, and your four step brothers/sisters.
J K Agrawal
(Expert) 02 June 2012
Thanks to Mr Anirudh.
The property held by your father is if ancestral it would be divided notionally among co-parceners. Those are You and your father. so you will get 1/2 and your Father will get 1/2.
Then the 1/2 part will be divided in in 8 parts as stated above by the experts.
J K Agrawal
(Expert) 02 June 2012
Thanks to Mr Anirudh.
The property held by your father is if ancestral it would be divided notionally among co-parceners. Those are You and your father. so you will get 1/2 and your Father will get 1/2.
Then the 1/2 part will be divided in in 8 parts as stated above by the experts.
Anirudh
(Expert) 02 June 2012
Dear Mr. Agrawal,
Except under the Dravidian (Madras) School, in respect of Bombay, Benaras and Mithila Schools of Hindu law, even wife is entitled to a part at the time of partition of ancestral property.
Therefore the property will get divided into 1/3rd each between the deceased father, wife and son [instead of 1/2 between the deceased father and son alone as suggested by you].
J K Agrawal
(Expert) 02 June 2012
Dear Mr Anirudh
Thanks for a new thing to me. I will consult books again as I still think that I was right.
Adv Archana Deshmukh
(Expert) 03 June 2012
The reply of Anirudh is correct, yes in mitakshara school of hindu law even wife is entitled to a part at the time of partition of ancestral property.
Therefore the property will get divided into 1/3rd each between the deceased father, wife and son. The share of the father shall be divided amongst all his children and his first wife. Second wife do not inherit.
Hence my earlier reply stands corrected by this post.
