Women right on property
Shobhit
(Querist) 12 April 2015
This query is : Resolved
Dear Sir
my grandgrandfather X had two wifes.after death of first wife he did second merriage.from first wife there was one son A and from other wife there r one Son B and One Daughter C. My grandfather (A) is no more.A has three Sons AA , AB, AC. After death of Mr A , son of A ( AA,AB,AC ) and Son Of X (B) divided the property between them.they have sold some property to third person.
problem is that Daughter of X ( B ) is now asking her 1/3 part in property.
i want to know is she has any right in the property and how can we avoid her .
as we dont want to give any property to her .pls suggest ..
Regards
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
The daughter of X is entitled to 1/3r share in the intestate properties of her father. If you have sold the properties without considering her share, you may make an out of court compromise settlement by paying money in lieu of the share of her property already sold.
Anirudh
(Expert) 12 April 2015
It is not clear why you do not want to give any property to the daughter of X?
As you are not acting legally, C has rightly approached the Court.
Kumar Doab
(Expert) 12 April 2015
In such matters the querist/author may post the personal faith of deceased owner e.g. Hindu,state in which property lies and whether it is agriculture/non agriculture, date/month/year of death of owner, date/month/year of marriage of daughter.
Apparently the daughter has consulted and confirmed her rights and have demanded her share.
It is better to settle the share amicably.
Rajendra K Goyal
(Expert) 12 April 2015
When, by whom and how the property was purchased, when X and A expired?
On the face the sister seems to have share in the property, however, consult local lawyer and show him relative documents.
Shobhit
(Querist) 12 April 2015
Sir state is up
non agri land
Mr x died in between 58 to 1960.
c got married in 1980.
dob of daughter is march 1957.
She wants her share in whole property not only in sold property pls suggest.
SAINATH DEVALLA
(Expert) 12 April 2015
Pay her the share she is entitiled to as she is UR half sister or face it in the court
Shobhit
(Querist) 13 April 2015
Dear sir
i m hindu..pls suggest any point so that we can avoid her.becoz we have invested all the money to build house and there is no more land to sell..pls help.it is almost impossible for us to pay.
i also want to know that if there could be any imprisonment for this case.
SAINATH DEVALLA
(Expert) 13 April 2015
Children born of second marriage are entitled to a share in the property of their father though the second marriage itself is void, the Supreme Court has held.
If a person marries a second time during the subsistence of his first marriage, children born of the second marriage will still be legitimate, said a Bench consisting of Justices S.B. Sinha and V.S. Sirpurkar.
Writing the judgment, Mr. Justice Sirpurkar said the law was clear that the second wife who was cited as the nominee by her husband to claim the benefits arising out of his employment could claim succession certificate in favour of her children. However, she would not be legally entitled to receive a share from her husband’s property.
Here her mother is a legal wife married after the demise of the first wife,hence she has a direct claim over her share.
U don't want to either pay her, or face the legal consequences.
Shobhit
(Querist) 14 April 2015
Sir mr x got died long ago after that mr A and mr B was the nominee.@ that time she does not make any object..she is objecting now after 15 years of mr A death. Is it legaly right ..pls suggest .can i made this point ..
Shobhit
(Querist) 15 April 2015
sir pls suggest is it legal to ask land after so many years..
T. Kalaiselvan, Advocate
(Expert) 15 April 2015
She can claim her right to a share anytime because she is entitled to it, you cannot deny her rights or deprive her just because you have invested and are in possession and enjoyment. Dont seek advises to do a wrong thing or for following an illegal object.
