Durai 04 February 2016
1) My father had a illegal wife and that wife is having one girl age of 18 now.
2) illegal wife has filed a case asking for property share (1/3) for his daughter.
3) My father made a will to me for the property and he died recently.
4) Now they are adding my mom also in this case.
My question is since my mom (legal wife) is still there the property share will be (1/3) But in future if i lost my mom. How the sharing will be ?
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 February 2016
Sir,
If your father during the life time of your first mother has married that women, then she will not be considered as a wife and she will not be entitled to any share in the property, but as a matter of fact the daughter from that women can have a share as per section 16 of the Hindu Marriage Act.
Warm Regards
Kapil Chandna Advocate
9899011450
Durai 04 February 2016
Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 04 February 2016
1) If the property is ancestral, then the property is divided into four shares. One ur father a Hindu male died, widow, son and illegetimate daughter. Since ur father executed Will in ur favour, his 1/4th will be inherited to u. Rest 1/4th each as stated.
2) If self acquired, since ur father as absolute owner died after executing the Will in ur favor, by virtue of which the entire property devolves on u alone, nothing to any other.
Kumar Doab (FIN) 04 February 2016
Agreed wth Experts.
Suggest to yur father that he may register the WILL. The expenses are almost negligible.
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