wife's right on Huband property.

Vasanth ji, children of a father have property rights in the ancestral property of their father. He has to take consent of all the legal heirs before selling the ancestral property. Else, they can challenge the sale afterwards. Here, children of both the wives have rights over the ancestral property.

Ancestral property can be sold by your cousin in legal necessity. Suchitra g is right in suggesting you to take consent of all. But m of the view that facts suggested by you shows that there exists a legal necessity. So even your cousin sell the property and disputed by other heir your cousin can take stand of legal necessity

 Why are you distinguishing between children of first wife and children of second wife. They are the children of the same father and have equal right in the father's property. It is as simple as that and there is no complication and doubt.

THere is no discrimination between the children of first and /or second wife as inlaw they are having equal rights over the property

Mr.Anuish has guide you properly. So dont worry he can sold the land

Regards

adv.kamal.grover@gmail.com

 I donot know what the concept of "legal necessity".

Anil Sir, legal necessities for a karta of the family includenecessities at the time of distres and for the purpose of family commitments like marriage of daughters, upanayanam, shraddha etc. Under these circumstances he can alienate the joint family property.

Dear Sirs,

If the property is to be devided for all the daughters what is the ratio at which it has to be devided, 

Because, first wife has two children, and second wife has one chield. (he is expecting/awaiting for one or two children (expecting male baby) from second wife. now first (divorced ) wife is asking to divide property in the ration of 50% for first wife and her daughters, and another 50 % for second wife and her daughters/son. will it be correct?

 

Dear Madam,

What could be done if first wife or daughter of frist wife are refuse/abject / oppose  to sell the part of the property.

 

Vasanth ji, It is true that  as told by Anish ji the ancestral property can be sold for legal necessities and then if other legal heirs contest, he can take the defence that it was sold for the marriage purpose. But if you want to know about the property distribution, well it has to be distributed equally among all the legal heirs. I mean to say, whatever proerty father gets from his anscestral property, has to be equally divided among his legal heirs. It cant be divided taking into consideration how many kids each wife has. Each child should get equal share.

 Pray under what law?

No, You must not confused between the children of first wife and second wife they have equal rights in law.

 Children are not illegitimate. What is their fault?

Ms.Suchitra advised well.