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mukesh goyal (MANAGER- ACCOUNTS )     27 September 2013

Property divide

Dear Experts ,

 

Good Morning

Question : My father has been passed away  in 2003 , we are 2 brothers , my elder brother has been expired in 2012 , but he made 2 marriage , 1st is legal and not divorce and she not living with since last 18 years and 2nd wife is illegal . He had no son/ daughter with 1st wife but having 1 son with 2nd illegal wife. My father left one hosue without will .

My mother is living with me and i would like to settled down 2nd wife share in the property and then my mother is given will in my favour of her rights in the property .

Now my question how i go ahead to registered this house in my name . Because i am ready to pay 2nd illegal wife rights to her and eliminate the rights of 1st wife , hence she is not living with us since last 18 years and my monther is ready to given will in my name of her share.

What docuement are required and above facts is enough for registered property in my name.

 

Thanks

Mukesh Goyal

 

 



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     27 September 2013

whether u like  it or not u have to get relinquishment from 1st wife,for here husband share in the house. 2,As you are aware II wife is not eligible for any share in her husband property,but her son and daughter have,so u have to get their relinquishment from them also. 3,As you said u mother is ready to release her share in your father property, that wont be a problem. After completion of above said things u may get full rights over the above said property.

mukesh goyal (MANAGER- ACCOUNTS )     27 September 2013

Dear Experts ,

 

If 1st wife is not living with us since last 18 years and she has no son / daughter , then how i can pay any amount to her in name of share of property ?

what is the formalities are required to registered this property , when i will settled down payment to 2n wife and mother will to my name.

Thanks,

Mukesh Goyal

adv.raghavan (Advocate,9444674980)     27 September 2013

even she is not staying with u for past so many years,u bother have not disowned her legally, she continues to be the legitimate wife of your brother on record. if ur brother had divorced her it would have been a different picture all together,now it is not so. YOU HAVE  to PAY HER  AND GET HER CONSENT,to avoid unnecessary problems which erupt. Make use ofgood  local lawyer he will guide u how to go ahead.


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