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mannie (counselor)     02 October 2012

Rights of second wife's first husband's kids

Hi all,

My mother expired 13 years ago.  After 4 years, my  father married to another woman who already has a married daughter and an unmarried son.  After 3 years, my father carried out her son's marriage.  Her son is living with his wife in a seperate house, which was built by my father.  Moreover, my father gave him a plot in the mandal town.


Later, my father bought a land of 2 acres and made the agreement papers for 1 acre against my name and another 1 acre against his name.  But there is a note in the agreement papers that 1 acre of my father would be shared to his second wife equally.  But unfortunately, both my father and his second wife died in a short gap.

Now,

1) Can my father's second wife's son (not born to my father) claim the property of 1 acre in which half of              it belongs to his second wife as per the agreement papers?

2) Can her son be the legal heir for the building in which my father and she lived?


anticipating quick reply from you all,

warm regards,

Mannie.



Learning

 9 Replies

andz (clerk)     03 October 2012

1-nature of property(own/self acquired or ancestral) 2-and if your father has purchased 2 acres then where's the another acre which you both will share came from (your self and the second wife's son?)? 3-you can challenge on the house i guess . . hope this is of some help . . . regards anand
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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2012

Learn the laws of inheritence and you will be the wisest in the world.

                                                                          -- Prophet Mohammad

mannie (counselor)     16 November 2012

Hi Anandji,

Firstly, thanx for ur reply.

1. It is a self acquired property of my father.  He purchased it with his own earning money.

2. In the sale deed papers, there is a note that my dad's second wife would get an equal share from my father's 1 acre property.  Since she was also dead, will her son (not borne to my father) get his mother share?

3. You are right.  Since he is not borne to my father, he could not claim for that house.  But what about the things & furniture, etc in that house?  Should I give him any share?

 

anticipating your reply,

thanx and regards.

Mannie

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 November 2012

The answer to your question will depend on the wordings of the agreement. Is it a stamped and registered agreement? If your father and his wife were joint owners of the one acre and the proportion of ownership was not specified, his second wife will be deemed to be absolute owner of half an acre of the land. When she dies the half an acre will go to her legal heirs.

If it were a will, it will depend on who dies first. If your father died first the half an acre will go to his second wife and after her death to her heirs. On the other hand if the second wife dies first her right will lapse and the entire property will go to the survivors as per the will, after your father's death or to your father's legal heirs if he had died intestate.

andz (clerk)     16 November 2012

Hi Mannie . ,
at the time of father's second marriage son of the second wife is major ?
and he has still been given a plot
and as it is rightly pointed share the half acre and be at peace and rest of the house and things you can claim and he better be happy and contended . . .
this way you can avoid litigation and prepare paper's accordingly and be at peace . . .
otherwise you can allway's instigate or face the litigation and challenge his claims . .
and when his mother is not rightful owner of 1 acre then how can he claim for 1 acre ?
no , you can challenge his claim to the building . .
and hope this is of some use to you
anand.

mannie (counselor)     17 November 2012

Hi Ramani garu,

Thanx for ur inputs and I request you to clarify the following doubts if possible.

1. My father and his second wife both were died intestate.  Then who will get the ownership of his/her property & belongings in the house?

2. My father's second wife (housewife) did not earn anything on her own.  Then, will her son (not borne to my dad) get anything out of my dad's property? By the time my dad married her, her son was a major.

3. Their marriage was not solemnized and registered (But, they were listed as couple in the ration card).  Will their marriage is valid or not? If valid, is her son (not borne to my dad) legal heir to my dad's property?

4. Those 2 acres of land was registered on my name.  Eventhough the land was registered on my name, her son is fighting for the share in that by landing a complaint in the local PS against me.  Will he get anything now?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 November 2012

 

In the case of intestate succession, if your father died first, his widow (his second wife) and you will have share in property which was in his sole name and not in any other property, which was in the name of another person solely. In any property jointly held by your father with any other surviving person, the property shall ordinarily go to the surviving person. If any other person being his natural heir wants to claim his right for reasons such as those stated by you may have to be proven (if contested), in a court of law. If the house in which your step-brother is living, was not owned by him even partially, then he will have no right, but he can claim tenancy right and if he refuses to vacate you may have to resort to litigation or an out of court settlement.

If your step-mother died intestate, but after your father, however short may be the gap, whatever she had inherited from your father will go to her natural heirs in the normal course. But if you want to claim, you will have to contest in a court of law.

As I already stated the laws of succession are very complicated and you will have to engage a lawyer, who has expertise and experience in inheritance laws.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 November 2012

Under Sections 14 of the Hindu Succession Act, 1956, any property which a woman acquires during her lifetime either by her own effort or otherwise, shall be treated as her property by absolute right.

But any property which she got by inheritance from her husband, shall revert to the heirs of her husband after her death under Sections 15 and 16 of the Act.

My interpretation of this would be that any property given to your step-mother during the lifetime of both your father and step-mother would be her absolute property and hence her own children will inherit it after her death. But any property she gets by virtue of being an heir of her husband after his death, will revert to the heirs of her late husband after her death and not to her own heirs.

Please note that I am not a lawyer and legal experts may have a different opinion.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 November 2012

What exactly you mean by saying that the marriage of your father with his second wife was not solemnized. In India still it is not necessary to register a marriage. Marriage any of the customary methods is sufficient. After so many years and after both of them have died how can you prove that their marriage was not valid? You should have challenged their marriage during their lifetime and asked them to produce proof. Whether the marriage was valid or not your step-brother will have no right on your father's property.

This is a civil dispute and Police cannot interfere. You can tell the police straight on their face. Still if they do anything you can complain to higher authorities, not on the merit of the case but by saying that Police had exceeded their powers. Even if he goes to court he cannot anything regarding the 2 acres of land.

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