Property distribution
Sid Raj
(Querist) 27 June 2017
This query is : Resolved
Sir, I m a son of first wife of my father and we are hindu. My father did second marriage to a muslim girl. Our grand father is with us they want to give all the property to my mother so Is there any possibilities to do this and the property that my father buyed, how it will be distributed among my mother and his second wife that is muslim. Is my father have any right to sale property or give to his second wife. Please! Sir clear my all the confusions...
Sid Raj
(Querist) 27 June 2017
Sir, I m a son of first wife of my father and we are hindu. My father did second marriage to a muslim girl. Our grand father is with us they want to give all the property to my mother so Is there any possibilities to do this and the property that my father buyed, how it will be distributed among my mother and his second wife that is muslim. Is my father have any right to sale property or give to his second wife. Please! Sir clear my all the confusions...
Sid Raj
(Querist) 27 June 2017
Property distribution
Sankaranarayanan
(Expert) 27 June 2017
If the property is self owned property of your grandfather then he has a legitimate right to give anyone without the others consent. If the property is self owned by your father then he has a legitimate right to give any own with his own wills and fancy
Kumar Doab
(Expert) 27 June 2017
The property is self acquired/joint/HUF/ancestral?
Sid Raj
(Querist) 27 June 2017
Some Property owned by my father and some ancestral
Dr J C Vashista
(Expert) 28 June 2017
You have created confusion qua status of property (whether it is ancestral or self acquired of your grandfather or your father).
Consult a local lawyer for better appreciation of facts / documents and guidance.
Kumar Doab
(Expert) 28 June 2017
Come clear on nature of property.
P. Venu
(Expert) 28 June 2017
The facts, as stated is confusing. Please post the simple facts; also try to suggest how you consider the property to be ancestral. Anyhow, the grandfather, during his life time, can convey his self earned property (this includes property he is holding because of family partition/settlement etc.) to anyone at his discretion.
Rajendra K Goyal
(Expert) 28 June 2017
Whether your father married to other wife after divorcing your mother? If not, second marriage is not legal.
Second wife has no share in the self acquired property of your father if he expires intestate.
Any son / daughter from second wife may claim / has share in the self acquired property of your father if he expires intestate.
During his life time he has right to sell / gift / mortgage his self acquired property, you can not stop.
Same is the position with the properties of your grand father, he can sell / gift / mortgage / bequeath a will for his self acquired property.
No view if property is ancestral as you have not clarified the position.
Sid Raj
(Querist) 28 June 2017
that property which my grandfather have is ancestral
P. Venu
(Expert) 28 June 2017
How is that it is ancestral?
Sid Raj
(Querist) 28 June 2017
Bcz it was given by our ancestors
Kumar Doab
(Expert) 28 June 2017
While replying to points raised by Mr. Rajendra K Goyal, Mr.P.Venu you may also confirm:
The marriage with 2nd lady was under Special Marriage Act or did your father convert to Islam?
Sid Raj
(Querist) 28 June 2017
That,I don't know so plz sir tell me about merits and demerits of both under special marriage act or covert to islam
Dr J C Vashista
(Expert) 29 June 2017
Such class room questions may be put to your tutor.
You have adequately been advised by experts, in case of any further doubts, contact, consult and engage a local prudent lawyer for proper guidance and proceeding.
Kumar Doab
(Expert) 29 June 2017
What is the opinion of your own counsel!
Sid Raj
(Querist) 29 June 2017
We don't have any counsel
Sid Raj
(Querist) 29 June 2017
We don't have any counsel
