property transfer to secondwife's daughter
isha
(Querist) 22 July 2014
This query is : Resolved
My uncle married 2 nd wife after 3 years from the 1st wife passed away due to health issues. 1st wife has 1 daughter and 2nd wife also has 1 daughter. Does 2 nd wife is legal wife Becoz 1st wife expired then only he married 2nd wife. Does both the daughters hav equal rights on property? My uncle has 5 acres and he did "stridhanam"(gift 4 marriage) to 1st wife's daughter. He didn't give anything to second wife's daughter. Does she can get half of the land?
SURESH BV, Advocate
(Expert) 22 July 2014
Ms.Isha,
1. 2nd marriage is a legal;
2. If the property is ancestral to your uncle, then both the daughter have got a right over the property;
3. If the property is self-acquired, then your uncle has a right to dispose off the property in a manner he likes to dispose.
ajay sethi
(Expert) 22 July 2014
since your uncle had second marriage after demise of his wife the second marriage is legal . both daughters have equal rights on father property if he died intestate
in respect of gift given by father at time of marriage of his first daughter it would be her absolute property .
Rajendra K Goyal
(Expert) 22 July 2014
Well advised, agree with the expert ajay sethi ji.
isha
(Querist) 22 July 2014
Very useful..thank u all..
