Ancestral property
Anand Anand
(Querist) 29 August 2014
This query is : Resolved
Dear experts,my friend fathers has two wives.after the death of 1st wife he married second wife.1st wife has 4 female and 1 male and secondd wife has one male i.e my friend.my query is can my friend claim or is he entitle for the ancestral property as he being the son of second wife???as per hindu law of succession act.
Dr J C Vashista
(Expert) 30 August 2014
1. As per Hindu Laws, no person can have two wives during subsistance of first marriage/living wife.
2. Children born out of second marriage, are illegitimate and cannot have share in ancestral property.
3. Academic query.
Anirudh
(Expert) 30 August 2014
Dear Dr.Vashista,
I am afraid, you overlooked the fact that the person is not having two wives simultaneously. He married the second wife, after the death of his first wife. Therefore there was no illegality, nor the child born through the second wife is an illegitimate child.
Now coming to the question of 'ancestral property'. As always, I first want to check whether the property is really 'ancestral' in character or not.
For this, the querist has to indicate on what basis he is terming the property as 'ancestral property'.
If it is an ancestral property, then the child from the second wife will definitely entitled for equal share.
Even if the property was not ancestral, and if the deceased has not disposed of the property in one way or the other (i.e. by making gift or WILL etc.), only then the child from the second wife can claim equal share. If the property had been disposed of by the deceased father, then the chances of the child of the second wife getting the share is very bleak.
prabhakar singh
(Expert) 30 August 2014
CONFUSION WITHOUT REASON.
ALL ISSUES FROM FIRST WIFE TOGETHER WITH 2nd wife and her CHILD would inherit equally all father's property dying intestate and all barring 2nd wife shall be deemed to have equal coparcener's right with father, if there are ancestral properties at all.
malipeddi jaggarao
(Expert) 30 August 2014
I fully agreed with Ld.Expert Mr.Prabhakar Singh.
ajay sethi
(Expert) 30 August 2014
agree with MR anirudh
Rajendra K Goyal
(Expert) 30 August 2014
Agree with the expert prabhakar singh ji
Dr J C Vashista
(Expert) 31 August 2014
Dear Anirudh,
Thanks for correcting me, the point of death of first wife was overlooked by me.
In the instant case, I fully agree with experts, all the children shall be coparceners and equal share holders.
Anand Anand
(Querist) 31 August 2014
thank you experts..the problem is second wife has not been married as fact came out now newly..can now my friend claim da ancestral property though he is not lawful son.
Anirudh
(Expert) 01 September 2014
Dear Anand,
I think that you do not want to answer the query from me but want to get some quick answer. I refuse to answer you in the absence of the information sought for.
ajay sethi
(Expert) 01 September 2014
answer queries raised by MR anirudh
Anand Anand
(Querist) 01 September 2014
anirudh sir I apologize you.the property was ancestral as per the records which comes from great grand father and father..
Biswanath Roy
(Expert) 01 September 2014
@ Mr. Anand Anand,
According to legal parlance WIFE means a married woman but in your second post you claimed that 'second wife has not been married', This is a confused statement. However, as to the legal position a concubine's son also can claim his share in his father's property.
T. Kalaiselvan, Advocate 
(Expert) 03 September 2014
Your friend is entitled to a share in the ancestral property out of his father's share in the property during his father's life itself as a coparcener under the given situation.
