Husband (self) 20 February 2017

Childrens and grandchilndren share

Hi all,

My father had 2 daughters, 1 son its me,

Both of his daughters married and settled well with thier husband,

Me married but as wife is cruel not living toghether after daughter birth, I applied for divorce but failed to get, durig divorce case as wife earning did not asked for maintenance, daughter was with me for 11 yrs, now stayig with her mother ,daughter was taken away forcefully from us by applying child rights,

I remarried without getting divorce and daughter born for us

I,second wife,daughter and my mother staying toghether now, Father expired 2 yrs back

Now first wife is asking for property share of my father, mother to be given to daughter.

my father and mother is having property and i am having agricultural land given by my grandmother.

My Question is what share of my parents shared among-

What share my elder sister will get ?

What share my younger sister will get ?

What share will i get(jobless and lot of loans are there, for bread and butter earning by driving car) ?

What share will my second wife will get ?

what share will my daughter get -daughter of first wife(Earning in lakhs going for job) ?

Waht share will first wife(Adopted one boy child) get ?

Waht share will second wife get ?

what share will my daughter get -daughter of Second wife(Not Earning dependent on me) ?

Please give me correct advise, i want to get divorce from first wife, as she is telling once property share given, she will give divorce.

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10 Replies

Kumar Doab (FIN) 20 February 2017

Are you all Hindu.

Confirm!

The proeprty in the hands of deceased father was self earned/acquired or ancestral?

It was also asked in other threads initiated by you.

Kumar Doab (FIN) 20 February 2017

Assuming that you are Hindu (since you had discussed adoption as per Hindu Adoption laws in other threads).

Hindu male can dispose his acquired/earned property/estate by a valid deed/WILL during his life time in anyone’s favor say by; Gift/sale//settlement/mortgage etc and/or by a valid WILL. NO one has any forced share.

Hindu Male’s self acquired/earned property first, devolves equally upon his ClassI heirs i.e; Mother, wife, sons, daughters……………..

Hindu Females estate/property: Self acquired/absolute: NO one has any forced share. First right is of husband, sons, daughters…………….

Kumar Doab (FIN) 20 February 2017

Your second marriage is during life time of legally wedded 1st wife, hence it is illegal and your second wife has NO share. Your child(ren) from second marriage have share by inheritance, if you die without disposing your estate/property in your life time.

Your self acquired estate/property: NO one has any forced share.

Your Father’s self acquired estate/property: NO one has any forced share. Grandchildren have NO forced share in self acquired estate of Grandfather. After your father’s death his self acquired estate/property shall devolves equally upon his ClassI heirs i.e; Mother, wife, sons, daughters……………..

Kumar Doab (FIN) 20 February 2017

Ancestral Property is one that is inherited upto 4 generations of male lineage……..

Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

This property should be four generation old.

It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

So obtain mutation record ( including mother document e.g; Shajraa-e-Aks) with all link documents and take second opinion from a very able counsel specializing in revenue/property/civil matters at your location and confirm the nature of property; Self Acquired or Ancestral.

Property from mother’s side is not ancestral.

Kumar Doab (FIN) 20 February 2017

Your father has died 2 years back i.e. in year 2015, so his self acquired {and ancestral also( if any)} estate/property shall devolve equally upon: Mother ( if alive), wife ( if alive), sons, daughters……………..This is simple case of inheritance and inherited property in your ( and your sister’s hands) shall be self acquired. You can dispose self acquired property in your life time as you wish and NO one has any forced share in it.

Your wife (1st legally wedded) has NO (Forced) share in her Father in law’s self acquired property. Wife is not coparcener in ancestral property hence has NO share in it.

Your 2nd wife has NO share in your estate/property.

The children from your 1st and 2nd wife are your ClassI legal heirs and have share in your ancestral property ( if any) and if your leave any self acquired proeprty undisposed.

The children from your 1st and 2nd wife are your ClassI legal heirs but have NO forced share in your self acquired property.

Your 1st wife and your children can claim maintainance, alimony from you and Presiding Officer can decide depending upon your esate and capacity.

Husband (self) 21 February 2017

Thanks kumar,

I am in big mess, First wife being cruel is root cause for this

Husband (self) 21 February 2017

Iam Hindhu

Kumar Doab (FIN) 21 February 2017

You are welcome.

Kumar Doab (FIN) 21 February 2017

Other thread;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147139&offset=2

Detailed response to your query has been posted.

If possible involve elders of the family, seasoned competent and experienced well wishers, and resolve the matter in your favor.

With their intervention and some reasoned discussions, negotiations, the amicable settlement can be possible.

MCD is another perspective.

Approach a very able and senior local counsel specializing in Family/property/civil matters for considered opinion after detailed examination of all relevant docs and inputs from you.

The courts of law have been known to grant divorce based on evidence of Mental Cruelty.