Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

widow share in property after remarriage

(Querist) 21 December 2014 This query is : Resolved 
A and b two brothers legal heirs of agriculture land of his father .A death in 2010 he having two child one boy age 12 year another gril age 6 years A wife remarried and A two children adopted by her husband now A wife demanding share in agriculture land in the name of A boy children .
1) can A children leagal right to demand share in agriculture land ?
2) if not which paper required to collect from a wife
3) if A wife not giving any document to b how b wil cut the share of A children and wife
4) if b is ready to give share in a children then whose name will be put as leagal guardian
5) if b submitting affedivit to talathi that he is only realtive of A and no one has right to share in agriculture land is it sufficient?
Please guide on me above matter
Isaac Gabriel (Expert) 21 December 2014
1.yes
2.Not arise
3.It is statory.
4.Both
5.The affidavit cannot stand before law.
ajay sethi (Expert) 22 December 2014
since A and b are 2 legal heirs of father property on father death property would devolve on both equally . on A demise his share would devolve on his wife and 2 children . is deed of adoption made by widow giving her children in adoption duly regsitered?
Rajendra K Goyal (Expert) 22 December 2014
On the death of A the property would go to his legal heirs.
Dr J C Vashista (Expert) 23 December 2014
@Pankajj,
How you are concerned?
Shailesh Kr. Shah (Expert) 23 December 2014
State law applicable in relation to agricultural land.

it would be better to consult local lawyer in this regard.
V R SHROFF (Expert) 23 December 2014
Consult local lawyer/ Talathi & do needful
T. Kalaiselvan, Advocate (Expert) 26 December 2014
a's children are entitled to a share in their father's share of property upon his intestate death, however his wife since remarried is not eligible for a share, his children if legally adopted by a registered adoption deed by the A's widow's second husband, he children lose their rights in their father's share of property. However, a local lawyer may be consulted based on the actual prevailing situation for further advises.
malipeddi jaggarao (Expert) 27 December 2014
I agree with the advice of expert Shri Kalaiselvan.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :