sagar navale 22 May 2020
kavksatyanarayana (subregistrar/supdt.(retired)) 22 May 2020
All the legal heirs (all brothers and sisters including stepbrothers and sisters) have equal right over the properties.
P. Venu (Advocate) 23 May 2020
Yes, the property is jointly vested with the surviving wife and all the children. Not only the sons, but the daughters also have equal right.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 23 May 2020
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 23 May 2020
Originally posted by : sagar navale | ||
In this case a Man (A) had wife alive and he married to second wife. Now first wife had two son and one daughter before her husband's second marriage. After second marriage second wife has one boy and one daughter. Now in present first wife and Man A is died. Man A has a Property of 5 ekar agricultural land and house, So in this case how much share in agri land one can have for first wife two sons and step brother? Is there any rights of second wife in property? Please share the laws guidance for this type property share. |
1. ALL Legitimate or illegitimate Children of Man (A) shall legally have EQUAL stake /right in their Father's property. Here non of the Children can be denied their Share of Property, PROVIDED Father has not executed a WILL to the contrary.
2. Second Hindu wife is illegitimate wife, hence will not have any stake /right in the so called Husband's property.
3. Both the above are upheld in several HC /SC judgments. Google and Find .OR. consult a local lawyer for specific requirements.
Keep Smiling .... Hemant Agarwal
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P. Venu (Advocate) 23 May 2020
Thanks, Mr. Hemant Agarwal for highlighting the fact that the second marriage, from the facts stated, had been during the currency of the first marriage and hence amounted to bigamy. If so, the step mother has no share in the property.
I am sorry for the lapse. I am grateful to Mr. Agarwal for enabling me to correct myself.
G.L.N. Prasad (Retired employee.) 23 May 2020
First wife is also having a right for a share in her husband's property, and as she is not living, her share can be divided among her 3 children.Toal 6 shares First wife + FWC +SW2c and First wife share in between her three children
P. Venu (Advocate) 23 May 2020
Dr J C Vashista (Advocate) 26 May 2020
I agree and appreciate the acumen and advise of Mr. Hemant Agarwal.
All children ( from first wife & second lady have equal share in intestate property of A, whereas lady (Second) shall not have any share being a void marriage.
sagar navale 29 May 2020