Adivashi land
Sitaram Borchate
(Querist) 28 January 2015
This query is : Resolved
Sir,
I am false under general category caste. I have purchased Advishi agriculture land in my wife's (registered marriage) name in Maharashtra. She is originally Adivashi. She has one son and one daughter from her original husband, both are married. Her earlier husband is alive and has second wife (without legal marriage) and has not any child from her.
My question is that. Will the land transferred in me and my son's name after her death? Can we treat as her legal hear?
My second question is that if she kept her own declaration before her death saying that, her own purchase land to be given to my 3 son equally? Will it proper according to the law? Will the land transfer in my son's name after her death?
What would be the best option available for me? I shall highly oblige if somebody can advise me in this regard.
Thanks with best regards
T. Kalaiselvan, Advocate
(Expert) 31 January 2015
Will the land transferred in me and my son's name after her death?
What about her previous marriage, was it dissolved and she has been legally divorced by her previous husband? If he property belonged to her, she can dispose in any manner during her life time. If she has not divorced her previous husband and dies intestate, the properties in her name will devolve on her children from her first and second marriage (Illicit) and on her previous husband. Therefore you cannot claim any share in it legally.
Can we treat as her legal hear? If she had divorced her previous husband and legally married you and died intestate, you can also be a legal heir to her.
My second question is that if she kept her own declaration before her death saying that, her own purchase land to be given to my 3 son equally? Will it proper according to the law? Will the land transfer in my son's name after her death?
If she had bequeathed her property to her sons through a Will,it will be valid.
