Re-marriage

@ Author,

1. After demise of wife the distribution of her own property goes to all her legal heir's.

2. Here her children's and her husband would get equal shares distributed among shelves.

3. The above condition applies only when there is no will left by her.

4. For any further complication's and explanation's contact your nearest lawyer with document's,as per your brief  stated above my opinion's are point 1-3

Your query is very short, but not complete. You have very vaguely mentioned the facts of the case. I am considering you have divorced your 1^st wife and remarried. But you have not mentioned the terms of settlement of your divorce with your 1st wife. Whether there is a mention of any financial settlement in this divorce. Also about the kids, considering they are from your 1st marriage, then in whose custody are they at present? Is it her or you? If they are from her then they will have a right in their mother’s property, but you  may not have such a right, owing to your remarriage to another woman.

SUFFERER, please refrain from giving legal advice, if you are NOT a legal expert, you may sympathize with the parties here, but giving advice with half knowledge is dangerous.

 vandana.. its clearly mention.. first wife died.. so y so many question...and assumptions??

@ Vandana,

1. You are no where to refrained me and shout like dull lawyer......see how you have read the queriest query,even don't know that his ex wife has died and no divorce was there...

Such a sh*tttttttt of you

2. Here no where i have mentioned that husband is eligible to get her demised wife property's after his marriage.

3. Just open your myopia enrolled eye's and see what i have mentioned.

4. Husband is very much eligible to get his ex wife property if her death certificate was prior to his  remarriage and there was no will.

5. In this case a husband could easily define himself in the property if he will show the re-marriage after some time of her ex demise.

6. In the previous period he can easily show himself as widower and not remarried,else the case is very much wide open.

7. Now, from next time don't share your morooness & crooked view's and give the rotten statement's for any of the member's here or else Iam very much eligible to handle all types of crookness on this forum.

8. First follow the reasoning of any case and then jump to the conclussion.

9. Writting yourself as lawyer or consultant doesn't mean anything for you just torn your degree and throw it away or else I would have done the same, so don't go on my ID name here. You are such a stupid who comment's on learned member's without any reasoning and solicit.

Thank you all for your valuable replies

I will make the question more clear.
The Deceased wife has two children and the husband re-marries ,will he be entitled to claim his deceased wife's property after his remarriage.If he decides to sell his deceased wife's property will he get a share of it?

The childern are major

Thanks,

Keerthi

Can some one give me the clear reply on this

After Solemnization of the second marriage, Whether the husband is entitled the share of the property of the deceased first wife? Deceased wife has 3 Children, so who will have the rights on her property.

Will the husband gets any rights based on S.14 of Hindu Succession Act,1956 and repeal of Hindu widow remarriage Act, 1856 in 1983 or S.24 of Hindu succession Act, 1956 was repealed in 2005.

Also, If the husband does not re-marry, how can the husband get the rights of his property share to his name which was in his wife’s name before her death (Deceased wife has 3 children who are major).

u haven't replied to the specific querry, i.e., whether husband-wife relation was existing at the time of her death.  so, i suppose after your first wife died during the subsistence of your marriage, and after becoming widower you married again. if that is so, S.15 (1) &(2) of HSA is applicable.  As per that Section, again i suppose that the property she owned is self acquired, and if that is so, her property will be distributed equally between you and the two sons, so that each will get 1/3rd portion of that property.  If that property which she owned is ancestral property, then two questions arise - whether it is inherited through her parents or through her husband's side (this latter supposition can be ruled out as you are asking the question).  If the property is ancestral and she got it through her parents (either mother side or father side), you will not have any right but the two children will share the property equally - half a share each. (refer to S. 15 (2)(a).

All this is if she died intestate without leaving any will.  If will is there, it will be binding.

Thanks Chandrasekhar. Let me clarify the scenario.

Husband-wife relation was existing at the time of wife's death. After an year, husband married again. (Their three children, 2 sons and one daughter were major).

Wife had 3 properties in her name (All three were ONLY in her name) at the time of her death. All were acquired at the time of husband-wife relation-ship 1) A house that was bought using the money after selling her own ancestor property 2) A land that was self acquired (using both husband's and wife's money) during the husband-wife relationship. 3) another piece of land that was registered in wife's name, but was bought using husband's money.

After re-marriage of husband, three children collectively wanted to sell these properties which is still in their deceased mother's name. At this time, their father is already married to another women and hence they are reluctant to include their re-married father as part of the share that he owns after wife's death.

In this case, does the right of husband in his ex-wife's properties gets void after his re-marriage ? Can the children sell these properties without giving the share to their father ? Are the children of deceased mother, the soul owners of these properties in this case ?

in the case of first property, all the three children have equal share of 1/3rd each.  in the case of 2nd and 3rd property all the three children and yourself have got equal share, i.e.,1/4th share each.

In my view if he married you after death of his first wife then he would get 1/4th of each of the properties provided there is not WILL.