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satyanarayan Raman (construction Manager)     12 April 2013

Rights & privilages

what r the rights & privileages  of children belonging to 2 nd wife of  aman ..DOES it supersedes rigfhtd of children from a first wife wedded lawfully under hindu marriage ACT..CAN THE 2 ND WIFE'S CHILDREN CLAIM MONETARY SHARES WHILE HE IS ALIVE OR AFTER HIS DEATH  . ON A SELF ACQUIRED PROPERTY OR HIS BANK BALANCE.

 

RGDS

mR X

 



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     13 April 2013

Was the 2nd marriage held during the subsistence of the 1st marriage or after the death of the 1st wife?

satyanarayan Raman (construction Manager)     13 April 2013

The 2 nd marriage took place during the subsistence of the 1st marriage & both the wives stayed with the same man for 50 years in the same house( though he was discharged from his job for bigamy) obviously for economic & social reasons.,now can this common father sell off his property or his share of the property which is held by his two wives & himself  (self acquired by himself) to anybody he likes without the consent of his children of both the wives. Both his wives r  now dead .

 

Rgds

SVR

sridhar pasumarthy (ADVOCATE)     13 April 2013

So far as the property standing in his name, it being his self acquired property, he can sell it away without consent of anybody.

So far as the property standing in the names of wives, as you said that both are no more, their children too have rights in the same.

satyanarayan Raman (construction Manager)     16 April 2013

The daughter of the 1st wife made an registered will in her name, on her mother's property without the knowledge of her lawful brother as brother was situated  oversesas  & not available during that time ,on questioning his mother & father , father blatantly denied playing any role &mother admitted that the will was made to avoid any quarrels in the house & the daughter also took off all her mother's jewellary after mother's death as asafe keeping measure & till now she has not given a list of items in her possession to her brother though their mother passed off in 2009.,if father is alive & is 86 years old, is senile in behaviour,lost both his wives..&  a female nurse took advantage decamped with5- 6 laks ...what measures can an  elderly son from his 1st wife  can take a to prevent further siphoning of his bank balance or liquadation of his father's property. Mother's jewellary is ancestral,given as adowry, can a husband claim beforehand superseding his childrens(Son & Daughter) rights  after her death 


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