Share in the property
RAMAKRISHNA
(Querist) 23 August 2011
This query is : Resolved
Hi,
Could you please advise what could be my share in the property based on the below points.
1) Originally My GRAND FATHER has one Immovable property.
2) He died intestate.
3) Then My Father, who is only son to My Grand Father Married 1st wife.
4) As she is issue less (doest not have any children), My father married 2nd wife ( My mother)
5) My Father has two sons through my Mother (2nd wife)
6) Now, my Father also died intestate.
7) After some time, My Grand mother also died.
8) Now First wife, second wife and second wife children(2 sons) left with.
9) Do we get any share in that property left by My father and grand father.
Defintely, it will be appreicated for the advise.
Warm Regards
Ramakrishna.
Devajyoti Barman
(Expert) 24 August 2011
Both the wives and the children have equal rights in the property.
Advocate Rajkumarlaxman
(Expert) 24 August 2011
when was the marriage held. to the extent that the children of 2nd wife and 1 st wife get equal shares in the property. the 2nd wife cannot get share in the property as the second marriage wou;ld not be valid in law as the first wife is still alive. further more depends upon the facts of the case and date of marriage and circumstnces of the second marriage exactly.how was the second marriage soleminsed also is question to be answered
R.Ramachandran
(Expert) 24 August 2011
If the second marriage was prior to coming into force of Hindu Marriage Act, 1955, then she will get equal share by way of inheritance. Otherwise, only the first wife and the children of second wife would get equal share in the property by way of inheritance.
RAMAKRISHNA
(Querist) 24 August 2011
Hello Sirs,
Thank you very much for the quick reply.
So, from your answers it is come to know that, we have equal shares except my mother.
The marriage between my father and mother (2nd wife) has done as per Hindu customs but only thing is first wife is alive.
The first wife also knows about this marriage. Becuase, the marriage was done inview of having children.
The marriage was performed in the year 1973 i.e. after 1955 only.
And more thing, the first wife is arguing that, it is ancestral property and it not your father property and hence, children will not get any share.
But there is only property and after died of my grand father , it is property of my father. But she is denied.
Please advise.
Warm Regards
Ramakrishna
R.Ramachandran
(Expert) 24 August 2011
Since the second marriage was performed after 1955, the second marriage is not valid in the eyes of law. Therefore, only the first wife, and children through the second wife are the legal heirs. Second wife is not a legal heir in this case.
prabhakar singh
(Expert) 24 August 2011
I AGREE WITH OPINION EXPRESSED BY Expert : R.Ramachandran AS 1st wife and you 2sons are inheritors 1/3rd each and your mother married
in 1973,can not inherit as her marriage is void.The stand of 1st wife is incorrect that since you 2 are out come of an invalid marriage hence not entitled to inherit ancestral property inherited by your father.
RAMAKRISHNA
(Querist) 24 August 2011
Hello Sirs,
Thank you very much for your valuable advises. It really helpful to me and gave me confidence that I can fight with them.
Could you pl. help me in the regard of, Though it is my grandfather property and he died intestate and then, it comes to my father and now it has become absolute property of my Father. Then my father died. So, though we are sons of Second marriage, but can share the property of my father though it has come from my Grand Father. And importantly there are no sons from 1st wife.
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Could you give me any citation/Judgement in the same matter.
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Your valuable advise defintely helpful to us and our lifes.
Warm Regards
Ramakrishna.
RAMAKRISHNA
(Querist) 24 August 2011
Hello Sirs,
As requested below, am eagerly waiting your valuable inputs.
Please help us.
Warm Regards
Ramakrishna.
prabhakar singh
(Expert) 24 August 2011
the opinion has already been given is reiterated,you are entitled to inherit despite it came from your grand father.
RAMAKRISHNA
(Querist) 25 August 2011
Any valuable citations related to this type of issue.
Please provide.
M/s. Y-not legal services
(Expert) 25 August 2011
This is very usual thing.. No need to be wait for any judgement regard this. This is very well known procedure. Just proceed as per law. Issue a notice to the first wife for claim partition.
RAMAKRISHNA
(Querist) 29 August 2011
Respected Sirs,
A valuable advise need in this matter.
There was decision told by Suprement Court 2011 SC(civil) 1144 by deferring so many earlier Judgements of SC and saying the Illegitimate children (born out of Void marriage i.e.Second marriage) can have share in the property held by father whether it is either self equired or ancestral.
By Judges G.S.Singivi and Ashok Kumar Ganguly on 31 st March 2011 and at the last they mentioned this one is referring to the larger bench and keeping the record infront of Chief Justice of Supreme Court.
So, in this eventuality shall we consider this decision I mean...shall we refer this judgement.
Please Advise
Many Thanks
Ramakriishna
R.Ramachandran
(Expert) 29 August 2011
Dear Mr. Ramakrishna,
The Larger Bench is yet to be constituted by the CJI and the matter is yet to be considered.
RAMAKRISHNA
(Querist) 29 August 2011
Dear Ramachandran Sir,
In this Judgement finally they mentioned that ....ORDER ACCORDINGLY.
So, shall we refer this judgement in our Arguments. Can it be consider.
Pl. advise
Warm Regards
Ramakriishna
R.Ramachandran
(Expert) 29 August 2011
Dear Mr. Ramakrishna,
You just do not understand.
When the Division Bench is of the view that the matter is to be placed before CJI with a request to place it before a Larger Bench - what is the final order that you are talking about.
Order Accordingly means - ordered to be placed before CJI for consideration to constitute a Larger Bench to decide the conflicting views.
That's all.
According to you, what is the decision in the matter. Has the Division Bench conclusively held that the illegitimate children are entitled to share in Ancestral property also? If so, then what is the necessity for asking the CJI to refer the matter to a larger Bench?
If the DB has not finally decided the matter, how can you refer this judgment. At best you can cite this decision only for the purpose of drawing the attention of the court that the matter is under consideration of the SC and therefore the case in hand be adjourned till final decision is received from the SC. More than this you cannot do anything.
