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Magudeeswaran (Software Engineer)     17 December 2011

Second wife rights over her husband's property

 

Dear all,

This is regarding my mother's rights over our ancestral property. (around 6 acres)

1. My father is only son of my grandfather. both are not alive now. my father has two male children only. (me and my elder) 

2. My grandfather created a "will" (year 1977) and said that, his property portitions goes to my mother, she is a sole owner for that after his (grandfather) death,  till her male children become major. 

3. But my father did not write and will or anything to anybody of us. He died on year 2000. But my father has two wives, both are alive till date. first wife does not bless any children hence forth he took second marriage that is my mother. No divoice get from my father's first wife.

4. Since my father does not entered into any legal document such as will or anything. Who are all having rights among myself, my elder and my mother and my father's first wife.

5. Particulary, my mother wants to give her portion and a newly constructed house to me, since I constructed a new house with my own money (not using the income from that land) in that land itself. My elder is not been in touch with us since he gone for intercast love marriage. he is not even giving any money for my mother expenses also. he is working and living in USA.

Kindly adivse me. Is my mother has the rights to do so?



Learning

 1 Replies

Devendra Singh (Legal Practise)     19 December 2011

as per the Hindu  Succession  Act, all the legal heirs are entitled for their share. the share can be divided among all the surviviors. since your father has not executed a will, you both siblings, your mother as well as your step mother are entitled for the benefits, since the relationship still exists.

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