Ganesh Nellayappan (Deputy Manager) 08 December 2008

Property Issue - When Husband has married twice (One Expired)

Hi

This is regarding an issue. where a dad has two wife.(former one expired and have two sons).The later have a son.

Father was living with second wife and son for last 35 years.

Ther brothers (elder one sons) have got separated because of issues with the father .Now the father does not want to give them the property because they did not listen to him.

The father has two properties - One his ancestors property and the property he earned .

1. Can he write will to the second wife or her son the whole property ?

2. Will the others also have claims on them.

Regards,

Ganesh

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4 Replies

anonymus (confidential) 08 December 2008

dear mr.Ganesh,

the father can execute will only in respect of his separate property and in respect of his share in the ancestral property. he cannot execute will in respect of the other shares namely that of the sons in the ancestral property.

Ganesh Nellayappan (Deputy Manager) 09 December 2008

Hi mehbub,

Thanks.Can they file case after the will has been written.(especially on fathers property)

Regards,

Ganesh

K.C.Suresh (Advocate) 09 December 2008

Dad is at liberty to do anything with his self acquired property. Sbout the ancsestral property he is bared.

sanjeev murthy desai (Advocate) 21 December 2008

Mr Ganesh,

Please specify wheather two brothers alloted any share in the ancestral Property when they have seperated. If it is not alloted they also have equal share in respect of ancetral property.

sanjeev desai.