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Veekay-Veekay (Other)     23 June 2017

Intestate property - rights of children and wife

State:Tamil Nadu

1. Wife1 pre-deceased Husband. 3 children (C1, C2, C3) born of Wife1.

2. Husband marries Wife2 after death of Wife1. 1 child (C4) of Wife2.

3. All property acquired by husband before marriage to Wife2.

4. Now that the husband died intestate.

 

What is the share of Wife2, C1, C2, C3 and C4 over the intestate property, given that all the property was acquired before marriage to Wife2? 

 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     23 June 2017

wife 2, c1, c2 c3 and c4 will have equal rights and share in husbands property.

Kumar Doab (FIN)     23 June 2017

It is believed that you are all Hindu.

The property is self acquired/HUF/ancestral?

Confirm!

Kumar Doab (FIN)     23 June 2017

Believing that you are all Hindu and property is self acquired ;

ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife {legally wedded (if alive as on date of death)}, sons/ daughters {legitimate, illegitimate ( from……… void, voidable marriages)}……….

So: W2, C1,2,3,4  can all have equal right along with Mother of deceased.

 


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