04 March 2011
Sirs, Mr. X belongs to Hindu, married Miss. Y (Hindu and same community of X) and have no issues. So Mr. X married Miss Z, who belongs to some other community in Hindu, as second marriage. The second marriage was happened before 1950. Mr. X has begotten 2 sons and 3 daughters thro’ his second wife Z thro’ the wedlock with Z. In between Mr. X adopted a son to his first wife Y thro’ a registered document, after begot 4 children thro’ his second wife Z (2 sons & 2 daughters). Now Mr. X and Z are alive and Y was expired. There is a will executed by the mother of Mr. X, stating that the property belongs to her should go to 1. The children born to the first wife of Mr. X or 2. If no issues to the first wife, then the children born to the second wife of Mr. X, who belongs to their same community or 3. If both of the above not happened, then the property should go to the adopted son to Mr. X and Y.
Question-1. Is the second Marriage is Valid? (As the second wife belongs to other community in Hindu)
Question-2. Is the adoption is valid?
Question-3. If the adoption is valid then what is the share of the adopted son in the ancestral property?
Question-4. Is the second wife’s sons and daughters have rights to claim the ancestral property as per will? If so, what is the share to them?
04 March 2011
In my opinion adopted son will get equal share in the ancestral property in the share of the deceased father. But it is very typical one because thru., Z second wife deceased got children and after that first wife adopted the child. So all are entitle for the equal share in the share of the father.if Share is denied to second wife's children they will have to contest the case on the ground that first wife was unable to give a birth to the child as such second marriage was performed and after the birth of children by second wife, child is adopted by the first wife.